Delhi High Court
HC Can Invoke Article 227 To Interfere With Commercial Court's Order If It Suffers From Erroneous Interpretation Of Law: Delhi High Court
The Delhi High Court bench of Justice Yashwant Varma and Justice Ravinder Dudeja, while hearing a writ petition filed under Article 227, had observed that the interpretation of Section 42 of the A&C Act by the District Judge while returning the Section 34 petition to be filed before the High Court was completely erroneous. The Court exercised the supervisory jurisdiction...
Prima Facie Doesn't Target Caste/ Tribal Identity: Delhi HC Grants Transit Bail To Man Over 'Derogatory' Instagram Video On People Of Nagaland
The Delhi High Court has granted transit bail to a man booked under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, for posting an allegedly derogatory and insulting Instagram video on people of Nagaland with the intent to incite communal hatred, enmity and disharmony. Justice Amit Mahajan granted 14 days of transit bail to Akash Tanwar, a resident of...
Delhi High Court Rules In Favour Of 'Dream 11' In Trademark Infringement Suit Against Replica Website
The Delhi High Court has recently ruled in favour of fantasy sports platform “Dream 11” in a trademark and copyright infringement suit against a “replica website” misleading the public by using the former's registered trademark, logo and tagline. Justice Amit Bansal permanently injuncted the defendant website from using Dream 11's trademark, logo or tagline or any deceptively...
Delhi High Court Summons DUSU Candidates Over Defacement Of Property, Orders Removal Of Posters & Banners
The Delhi High Court has recently summoned 16 candidates who contested the Delhi University Students' Union (DUSU) elections over defacement of public property and directed them to appear before it on October 28.A division bench comprising Chief Justice Manmohan and Justice Tushar Rao Gedela directed the candidates to remove the balance posters, banners, hoardings, graffiti and to repaint...
No Compensation Can Be Awarded As Consequence Of Breach In Absence Of Any Legal Injury: Delhi HC Dismisses Plea U/S 34 Of Arbitration Act
The Delhi High Court Bench of Justice Mr. Prateek Jalan held that no compensation can be awarded as a consequence of breach of a contract, in the absence of any resulting legal injury. Although the extent of loss or damage is not required to be proven, the fact that loss or damage has been suffered must be established, even to claim liquidated damages or...
'Right To Represent' Not Unlimited: Delhi HC In Former Jharkhand CM Madhu Koda's Plea To Stay Conviction In Coal Block Case For Contesting Elections
While hearing former Jharkhand Chief Minister Madhu Kodha's plea to stay his conviction in an alleged coal scam case to enable him to contest the upcoming assembly elections, the Delhi High Court said that Koda was not a sitting MLA at the time of his conviction and so there may not be any irreversible consequences if the conviction is not stayed. In doing so, the high court further...
Jurisdiction Under Articles 226/227 Of Constitution Cannot Be Invoked When Order Passed By Arbitral Tribunal Is Procedural: Delhi High Court
The Delhi High Court Bench of Justice Sanjeev Narula held that the question of maintainability of a writ petition in relation to arbitration proceedings is well settled. The jurisdiction of the Court under Articles 226 and 227 of the Constitution of India, 1950, cannot be invoked where the orders passed by the Arbitral Tribunals are procedural in nature. Brief Facts Lalit Mohan,...
Arbitration Proceedings Before Improperly Constituted Arbitral Tribunal Are Non-Est: Delhi High Court
The Delhi High Court Bench of Justice Sachin Datta has held where the appointment procedure is invalid, any proceedings before an improperly constituted arbitral tribunal are non-est. Also, this would not prevent the Court from exercising jurisdiction under Section 11 of the act.Additionally, the court held that whether a particular claim is precluded from arbitration on account of being...
Non-Signatories Bound By Arbitration Agreement If Their Actions Align With Those Of Signatories: Delhi High Court
The Delhi High Court Bench of Justice Jasmeet Singh held that if a non-signatory party actively participates in the performance of a contract, and its actions align with those of the other members of the group, it gives the impression that the non-signatory is a “veritable” party to the contract which contains the arbitration agreement. Based on this impression, the other party may...
S.245 IT Act | TDS Deducted By Employer Can't Be Adjusted Against Assessee's Future Refund: Delhi High Court
The Delhi High Court recently granted relief to Satwant Singh Sanghera, a pilot formerly employed with the now collapsed Kingfisher Airlines, against tax demand of over Rs 11 lakh.Singh contended that he had duly filed his income tax returns for the Assessment Years in question and the company had deducted TDS from his salary. The same was reflected in Form 16A issued by the company.He...
Court Under S.9 Of Arbitration Act Can Grant Interim Measure To Protect Property From Being 'Wasted' While Hearing Appeal U/S 37: Delhi High Court
The Delhi High Court Bench of Chief Justice Manmohan and Mr. Justice Tushar Rao Gedela held that the court in the exercise of powers under Section 37 of the Arbitration Act, is not obligated to consider the merits or otherwise of the facts as stated by the litigants. Suffice it to state that the High Court under Section 9 of the Act is empowered to exercise jurisdiction as an interim measure...
Office Memorandum Is a Statutory Instruction, Cannot Supersede Statutory Rules: Delhi High Court Reiterates
A Division Bench of the Delhi High Court comprising Justices C. Hari Shankar and Sudhir Kumar Jain upheld the decision of the Central Administrative Tribunal reaffirming that Office Memorandum could not supersede the Statutory Rules. It observed that the Office Memorandum being a statutory instruction can supplement the Statutory Rules, however, it cannot override or supersede the...