Delhi High Court Weekly Round-Up: October 28 To November 03, 2024

Citations 2024 LiveLaw (Del) 1181 to 2024 LiveLaw (Del) 1195NOMINAL INDEXPANKAJ KUMAR TIWARI v. ED and other connected matter 2024 LiveLaw (Del) 1181NARESH KUMAR BAJAJ v. BUNGE INDIA PVT. LTD. 2024 LiveLaw (Del) 1182Civil And Sessions Court Stenographers Association (Regd) & Anr vs. Shri Vijay Kumar Dev 2024 LiveLaw (Del) 1183Ram Niwas versus Commissioner of Central Goods and Services...

Delhi High Court Monthly Digest: October 2024 [Citations 1081 - 1192]

Citations 2024 LiveLaw (Del) 1081 to 2024 LiveLaw (Del) 1192NOMINAL INDEXJamshed Ansari V. State (GNCT Of Delhi) & Commissioner Of Police, Delhi 2024 LiveLaw (Del) 1081NARENDER MEENA v. CBI 2024 LiveLaw (Del) 1082SUSHMA v. STATE NCT OF DELHI 2024 LiveLaw (Del) 1083Designarch Consultants Pvt Ltd And Anr vs. Jumeirah Beach Resort LLC 2024 LiveLaw (Del) 1084Shobha gupta vs bar council of...

When Previous Employer Accepts Resignation, New Employer Can't Deny Appointment To Selected Employee : Delhi High Court

A single judge bench of the Delhi High Court comprising of Justice Jyoti Singh, while deciding writ petition held that if an employee has already been relieved by the previous employer, then the new employer can't deny appointment to employee who has passed the selection process. Background Facts The employee was working as a General Manager (Finance) at Brahmaputra...

Promotion Can't Be Denied Due To Reasons Beyond Candidate's Control; Delhi High Court Grants Promotion To Army Officer

A Division Bench of the Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur granted retrospective promotion to an officer in the Central Reserve Police Force who was earlier denied the same. The Petitioner was posted abroad which resulted in him being ineligible due to not falling within the “10 years Group 'A' service” which was a mandatory condition as per...

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,...