Delhi High Court
Ban Imposed U/S 69 Of Partnership Act Has No Application To Arbitral Proceedings: Delhi High Court
The Delhi High Court Bench of Justice Neena Bansal Krishna held that the bar of Section 69 of the Partnership Act does not come within the expression “other proceedings” as used in Section 69(3) of the Partnership Act. Therefore, the ban imposed under Section 69 has no application to the arbitral proceedings.Brief FactsThe Petition under Section 34 of the Arbitration and Conciliation...
Arbitrary Downgrading Of Military CRs Without Cogent Reasoning Violates Procedural Guidelines: Delhi HC
The Delhi High Court: A Division Bench comprising Justice Navin Chawla and Justice Shalinder Kaur partially allowed a petition challenging biased Confidential Reports (CRs) of an Army officer. The court found that the downgrading of Brigadier Gopal Mohan Atri's ratings by superior officers was arbitrary and inconsistent with his service record. Emphasizing the need for objective...
Agreement Between Parties Must Be Given Primacy When Deciding Petition U/S 9 Of Arbitration Act: Delhi High Court
The Delhi High Court Bench of Mr. Justice Jasmeet Singh held that the role of the court under section 9 of the Arbitration Act is to preserve the subject matter of the Arbitration till the arbitral tribunal decides the claims on merits. Whether termination of the agreement was valid or not is not be decided by the court at section 9 stage. Primacy to agreement between the parties has to be...
Enforcement Court U/S 48 Of Arbitration Act Can Refuse To Enforce Foreign Award But Cannot Set It Aside: Delhi High Court
The Delhi High Court Bench of Mr. Justice Jasmeet Singh affirmed that the power to set aside a foreign award lies only with the courts at the seat of the arbitration, which exercise primary/supervisory jurisdiction over the matter. Even if grounds under Section 48 of the Arbitration Act can be made out, the Court being the enforcement court and having only secondary jurisdiction over the...
Delhi High Court Grant Bail To 2 Co-Accused In Money Laundering Case Involving Satyendra Jain, Says Parity Applicable In PMLA Cases
The Delhi High Court has granted bail to Vaibhav Jain and Ankush Jain in the money laundering case involving AAP leader Satyendra Jain.A single judge bench of Justice Manoj Kumar Ohri granted them bail on the grounds that the main accused, Satyendra Jain has been enlarged on bail, they have been in custody for over 2 years and that the trial has not yet commenced. The Court observed that...
"Matter Involves International Issues, Policy Decision To Be Taken By Centre": Delhi HC On PIL To Grant Admission To Rohingya Refugee Children
The Delhi High Court on Tuesday (October 29) refused to entertain a public interest litigation (PIL) petition seeking directions to the Delhi government and the Municipal Corporation of Delhi to grant admission to Rohingya refugee children in local schools. In doing so, the court orally said that the matter involved "international" issues having "ramifications on security and citizenship"...
Two Adjudication Orders Against One Show Cause Notice For The Same Period Is Not Permissible: Delhi High Court
The Delhi High Court stated that two adjudication orders against one show cause notice for the same period is not permissible.The Division Bench of Justices Yashwant Varma and Ravinder Dudeja was dealing with a case where a show-cause notice had been issued to the assessee under Section 74 of the CGST Act, 2017. This notice was duly adjudicated by the department, resulting in an order....
No Surprise Claims Can Be Flung Or Sprung Upon Corporate Debtor Once Resolution Plan Is Approved: Delhi High Court
The Delhi High Court bench comprising Chief Justice Manmohan and Justice Tushar Rao Gedela has reiterated that once a Resolution Plan is approved by NCLT, all prior claims against the Corporate Debtor are extinguished under the "clean slate" theory. The court stated, “According to the said theory, the successful Resolution Applicant in order to get a fresh breath or new lease of life,...
Delhi High Court Relaxes 2020 Riots Case Accused's Bail Condition, Permits Him To Travel Outside The City To Attend Sister's Wedding
Relaxing a condition imposed in a 2021 order while granting bail to a man booked in connection with the murder of Head Constable Ratan Lal during the 2020 North-East riots, the Delhi High Court on Tuesday (October 29) permitted the man to attend his sister's wedding in Bijnor, Uttar Pradesh. On September 3, 2021 the high court had granted bail to Shadab Ahmad, booked in FIR No. 60/2020...
Delhi High Court Refuses To Let Leader Of Transnational Govt Of Tamil Eelam Intervene In UAPA Proceedings On LTTE Ban
The Delhi High Court has dismissed the petition of Visuvanathan Rudrakumaran, who claimed to be the Prime Minister of the Transnational Government of Tamil Eelam (TGTE), for impleadment in UAPA Tribunal proceedings concerning the declaration of Liberation Tigers of Tamil Eelam (LTTE) as unlawful association.A Division Bench of Justice Prathiba M. Singh and Justice Amit Sharma observed that...
High Court Seeks Delhi Govt's Stand In BJP MLAs Plea For Tabling 12 CAG Reports On 'Finance, Pollution, Liquor' Before Assembly
The Delhi High Court on Tuesday sought the AAP led Delhi government's stand in a plea by various BJP leaders seeking a direction to the government to send 12 CAG reports pertaining to "Finance, pollution, administration and liquor" to Lieutenant Governor VK Saxena for presenting the same before the Legislative Assembly.A single judge bench of Justice Sanjeev Narula issued notice to...
Candidates Have No Right To Mutilate DU's Walls In DUSU Election: Delhi HC Directs Them To File Affidavit, Take Steps To Beautify Campus
While hearing a plea concerning the "defacement" of public property in Delhi University pertaining to the Delhi University Students' Union (DUSU) elections, the Delhi High Court on Monday (October 28) orally remarked that none of the candidates had to right to "mutilate the walls" of the University campus or of any private residence in the city. While expressing its concern the court...