Delhi High Court Sets Aside Arbitral Award Due To Failure Of Arbitrator To Disclose Conflict, Non-Supply Of Documents

The Delhi High Court bench of Justice Prateek Jalan has held that the duty of arbitrators of disclosure of any conflicts under Section 12 of the Arbitration and Conciliation Act, 1996 is mandatory and continuous throughout the proceedings. The court noted that disclosure must be in writing and a verbal disclosure does not suffice. The court also held that there was a violation of...

Worshipper Cannot Claim Injunction To Stop Temple Demolition On Govt Land Without Demonstrating Any Personal Interest: Delhi High Court

The Delhi High Court has observed that a 'worshipper of a temple', who has no personal interest over the temple property, cannot be granted a relief to stop the demolition of the temple built illegally on a land owned by the Delhi Development Authority (DDA).A single judge bench of Justice Tara Vitasta Ganju was considering the appellant's challenge to the Trial Court's order, which dismissed...

Delhi High Court Issues Notice On Plea To Allow Sonam Wangchuk, Others From Ladakh To Hold Peaceful Protest At Jantar Mantar

The Delhi High Court on Wednesday sought response of the Delhi Police on a seeking permission to allow climate activist Sonam Wangchuk and his associates from Ladakh to hold peaceful protest at Jantar Mantar for raising environmental awareness and demanding Sixth Schedule status for Ladakh.A division bench comprising of Justice Prathiba M Singh and Justice Amit Sharma also sought response of...

Assessee's Failure To Respond To Draft Assessment Order In Timely Manner No Grounds For AO To Exceed Limitation U/S 144C(4) Of IT Act: Delhi HC

The Delhi High Court has made it clear that an assessee's failure to timely respond to the 'draft assessment order' issued under Section 144C of the Income Tax Act, 1961 does not give leeway to the Assessing Officer (AO) to exceed the limitation period for passing the final assessment order. Section 144C prescribes special procedure whereby an 'eligible assessee' is issued...

Delhi High Court Issues Notice On PIL Against 'Ticket Scalping' Over Recent Music Concerts

The Delhi High Court on Wednesday issued notice on a public interest litigation (PIL) against the practice of “Ticket Scalping” where tickets to an event are bought with the intention of reselling them at a higher price.The petition has been filed thebackdrop of recent music concerts by Coldplay and singers Diljit Dosanjh and Karan Aujla.A division bench comprising of Chief Justice...

GST Exemption On 'Reinsurance Services' In Relation To Govt Insurance Schemes Applies With Retrospective Effect From July 01, 2017: Delhi HC

The Delhi High Court has held that GST exemption on foreign reinsurance services in relation to government insurance schemes applies with retrospective effect, from July 1, 2017 onwards. This was in light of the fact that though the exemption was notified only on July 27, 2018, the government regularized GST liability on such services for the period from July 01, 2017 till July...

Will Allow Counting Of Votes For DUSU Elections Next Day Defacement Is Cleaned Up: Delhi High Court

The Delhi High Court on Wednesday said that it will allow counting of votes for the ongoing Delhi University Students' Union (DUSU) elections to take place the next day if all the defacement of public property done by the candidates is cleaned up. A division bench comprising of Chief Justice Manmohan and Justice Tushar Rao Gedela remarked that the election is a festival of democracy and not...

While Adjudicating On Challenges Against Arbitral Tribunals' Orders U/S 17 Of A&C Act, Court Not Strictly Bound By O.38 & O.39 CPC: Delhi HC

The Delhi High Court bench comprising Justice Prateek Jalan has held that in orders passed by the arbitral tribunal under Section 17 of the Arbitration and Conciliation Act, 1996, the court is not bound by the principles underlying Order XXXVIII and XXXIX of the Civil Procedure Code. The court observed that interference with such orders is limited to cases where the orders...

Repudiation Of Claims Making Dispute Non-Arbitrable Is For Arbitral Tribunal To Adjudicate Upon, Not Courts At Section 11 Stage: Delhi High Court

The Delhi High Court, following the law laid down in SBI General Insurance Co Ltd v. Krish Spinning, has held that the aspects of non-arbitrability of a claim are for the arbitral tribunal to adjudicate, and courts at Section 11 stage cannot examine the same. The bench of Justice C. Hari Shankar, while hearing a petition under Section 11(6) of the A&C Act, has held that post...

Delhi High Court Quarterly Digest: July To September, 2024 [Citations 734 - 1080]

Citations 2024 LiveLaw (Del) 734 to 2024 LiveLaw (Del) 1080NOMINAL INDEXLAKSHMI MURDESHWAR PURI v. SAKET GOKHALE 2024 LiveLaw (Del) 734 K Kavitha v. CBI, ED 2024 LiveLaw (Del) 735 Bibhav Kumar v. State 2024 LiveLaw (Del) 736 RAKESH YADAV & ORS. v. STATE OF NCT OF DELHI & ANR. 2024 LiveLaw (Del) 737 X Corp v. Rajat Sharma 2024 LiveLaw (Del) 738 CAPTAIN DEEPAK KUMAR v. ELECTION...

Delhi High Court Dismisses Plea To Disqualify BCI Chairman Manan Kumar Mishra From Rajya Sabha, Imposes ₹25K Costs

The Delhi High Court has dismissed a petition seeking to disqualify Bar Council of India (BCI) Chairman Manan Kumar Mishra from the Rajya Sabha, with costs of Rs. 25,000.Justice Sanjeev Narula rejected the plea moved by Advocate Amit Kumar Diwakar, who alleged that Mishra, while holding the office of Chairman of BCI, which is a statutory body, cannot simultaneously serve as a sitting member...

Air Force Sports Complex Not A 'Public Authority' Under RTI Act: Delhi High Court

The Delhi High Court has observed that the Air Force Sports Complex (AFSC) is not a 'public authority' under the Right to Information Act, 2005 (RTI Act) on the ground that the government does not exercise significant control over AFSC and its operations are not dependant on funding from the government.Background: A single judge bench of Justice Sanjeev Narula was considering the AFSC's...