Delhi High Court
Court Can Dispense Requirement To Furnish Surety Bond Executed By Third Person For Bail Or Suspension Of Sentence: Delhi High Court
The Delhi High Court has recently held that it is permissible for a Court to completely dispense with the requirement that an undertrial prisoner or convict must furnish a surety bond executed by a third person to avail the benefit of bail or suspension of sentence.Justice Anup Jairam Bhambhani said that the waiver or substitution of surety should be even more guarded where the prisoner is...
When SLP Dismissal Order Is Non-Speaking, Review U/S 17 Of Arbitration Act Permissible: Delhi High Court
The Delhi High Court Bench of Justice Jasmeet Singh held that if an order of dismissal of the SLP is a non-speaking order and no reasoning has been given by the Hon‟ble Supreme Court for the same, then review of the order challenged is permissible. Brief Facts In the present case two applications have been filed against orders passed under section 17(2) of the Arbitration Act....
Delhi High Court Weekly Round-Up: October 14 To October 20, 2024
Citations 2024 LiveLaw (Del) 1130 to 2024 LiveLaw (Del) 1147NOMINAL INDEXEmeka Prince Lath vs. State NCT of Delhi 2024 LiveLaw (Del) 1130 GOVT OF NCT OF DELHI AND ORS versus PARMILA DEVI 2024 LiveLaw (Del) 1131 SMT USHA DEVI v. UNION OF INDIA AND ANR 2024 LiveLaw (Del) 1132 RYAN INTERNATIONAL SCHOOL v. CENTRAL INFOMATION COMMISSIONER AND ORS. 2024 LiveLaw (Del) 1133 SWARANJIT SINGH...
Vacancies Of Lawyers' Chambers Must Be Notified To All Members To Avoid Arbitrariness: Delhi High Court
The Delhi High Court has recently observed that the vacancies regarding lawyers' chambers must be notified to the lawyers to ensure that every eligible advocate gets an equal opportunity to express interest.“Ideally, such vacancies should be notified to the members of the Bar, providing every eligible lawyer with an equal opportunity to express interest; failure to do so creates an...
'Nothing Worse For News Agency Being Called Puppet Of Govt': Delhi High Court To Wikipedia In Defamation Battle With ANI
While hearing an ongoing defamation battle between Wikipedia and Asian News International (ANI), the Delhi High Court on Monday told the platform that nothing can be worse for a news agency than to be called a puppet of an Intelligence Agency or a stooge of the Government.A division bench comprising Chief Justice Manmohan and Justice Tushar Rao Gedela was hearing the appeal filed by...
Interference Under Article 227 Is Permissible Only If Order Of Arbitrator Is Completely Perverse And Illegal: Delhi High Court
The Delhi High Court Bench of Justice Manoj Jain held that judicial interference under Article 227 of the Indian Constitution in the arbitral matters should be limited and confined to exceptional cases. In the present case, a petition under article 227 was filed by the petitioner, Dr. Rajan Jaiswal in which the order passed by the Sole Arbitrator on September 24,2024 was challenged....
Right To Seek Reference To Arbitration U/S 8 Can Be Waived At Instance Of Defendant: Delhi High Court
The Delhi High Court bench of Chief Justice Manmohan and Justice Tushar Rao Gedela has held that a Defendant (in a civil suit) has the right to withdraw an application filed under Section 8 of the Arbitration and Conciliation Act, 1996, and submit to the jurisdiction of the Civil Court. The court held that when the Defendant (herein, the Respondent) withdrew the application seeking...
Approval By DoE Mandatory For Order Of Dismissal Against Teachers In Private Schools, Ex Post Facto Approval Cannot Sustain In Law, Delhi High Court
A Division Bench of the Delhi High Court comprising Justices Hari Shankar and Justices Sudhir Kumar Jain has recently set aside a teacher's Order of Dismissal from service observing that the ex post facto approval of the Directorate of education in dismissing a teacher from service granted cannot sustain in law as mandated under Section 8(2) of the DSE Act and Rule 120(2) of...
SCN Was 'Gloriously Silent' On Provisions Of GST Act Which Were Allegedly Infringed: Delhi High Court Quashes Order
Finding that the SCN as well as the final order fails to provide any clue with respect to the provision of the statute which was alleged to have been violated or infringed, the Delhi High Court quashes the SCN & the order of cancellation of GST registration. “The SCN is gloriously silent with respect to the provisions of the GST Act which are alleged to have been...
'Reasons' To Remit Matter For Fresh Inquiry Need To Be 'Meaningful And Self Speaking', Can't Be Left To Imagination, Delhi High Court
A Division Bench of the Delhi High Court comprising Justices Hari Shankar and Sudhir Kumar Jain upheld a judgement of the Central Administrative Tribunal stating that the 'reasons' for remitting the matter as is required by Rule 9(1) of the AIS (D & A) Rules need to be meaningful and cannot be left for imagination. Background The Respondent before the Court is a 1990 batch...
Delhi High Court Dismisses Plea Challenging Recalculation Of Arbitral Fees, Upholds Separate Fee Calculation For Claims & Counterclaims
The Delhi High Court Bench of Justice Sachin Datta has held that the arbitral tribunal had correctly applied the IVth Schedule of the Arbitration and Conciliation Act, 1996, in recalculating the fees separately for the claims and counterclaims. Additionally, the court held that invoking Section 39(2) of the Arbitration and Conciliation Act, 1996 was premature since no award had...
High Court Issues Notice On MLA Kartar Singh Tanwar's Plea Against Disqualification From Delhi Assembly
The Delhi High Court on Friday issued notice on a plea moved by MLA Kartar Singh Tanwar against his disqualification from Delhi Legislative Assembly by the Speaker.Justice Sanjeev Narula sought response of the office of the Legislative Assembly's Speaker as well as MLA Dilip Kumar Pandey who filed the disqualification petition against Tanwar. Tanwar contested the General Elections to the...