Delhi High Court
Delhi High Court Grants Bail To Hyderabad Businessman Arun Pillai In Money Laundering Case Linked To Excise Policy
The Delhi High Court on Wednesday (September 11) granted bail to Hyderabad-based business Arun Ramchandran Pillai in a money laundering case linked to the now scrapped excise policy. A single judge bench of Justice Neena Bansal Krishna in its judgment, referred to the Supreme Court's decision in Manish Sisodia v Enforcement Directorate and observed that the "triple test" for grant of bail...
Unlike S.125 CrPC, Maintenance Under Domestic Violence Act Not Connected With Wife's Inability To Maintain Herself: Delhi High Court
Dismissing a plea moved by a husband and his kin against an order directing him to pay maintenance to his wife under the Domestic Violence Act, the Delhi High Court agreed with the trial court's observation that unlike Section 125 CrPC, maintenance under the DV Act is not linked to the inability of the wife to maintain herself. The observation came in a plea moved by a man and his family...
Contempt Proceedings Inappropriate For Resolving Complex Disputed Factual Issues: Delhi High Court
The Delhi High Court bench of Justice Dharmesh Sharma has held that the contempt proceedings are not the appropriate forum to resolve disputed factual issues such as conducting a detailed accounting analysis to determine the fairness or justification of accounting practices. Brief Facts: The matter pertained to contempt petitions which were filed under Section 12 of the Contempt...
High Court Seeks Delhi Home Minister's Personal Affidavit Over Non-Compliance Of Order For Constituting 'Board Of Visitors' For Central Jails
In relation to a suo moto case on overcrowding in prisons, the Delhi High Court has directed UT's Home Minister Kailash Gahlot to file a personal affidavit explaining why a previous court order regarding the constitution of a 'Board of Visitors' for Central Jails has not been complied with.It also directed the Home Secretary of Government of National Capital Territory of Delhi (GNCTD) to...
Right To Personal Liberty Under Article 21 Can't Be Deprived By Long Incarceration Even If 'Twin Test' Under PMLA Not Satisfied: Delhi HC
While granting bail to Aam Aadmi Party (AAP) volunteer Chanpreet Singh Rayat in a money laundering case linked to the scrapped excise policy, the Delhi High Court said that even if Section 45 PMLA twin test is not met, bail jurisprudence states that a person cannot deprived of his right to personal liberty under Article 21 of the Constitution when there is prospect of long incarceration...
Party Ignores Section 21 Notice; Should Seek Court Intervention, Arbitrator Can't Unilaterally Summon Parties: Delhi High Court
The Delhi High Court bench of Justice C. Hari Shankar has held that if a party seeking arbitration faces a situation where the opposing party does not respond to a Section 21 notice or refuses to agree to arbitration, the only recourse is to approach the Court under Section 11(5) or Section 11(6) of the Arbitration and Conciliation Act, 1996, depending on the...
Mere Arbitration Clause In Invoices Insufficient, Express Or Implicit Acceptance Of Terms Of Invoices Necessary: Delhi High Court
The Delhi High Court bench of Justice C. Hari Shankar has held that simply including an arbitration clause in invoices does not constitute a valid arbitration agreement. The High Court held that since the applicant neither expressly nor implicitly accepted the terms of the invoices, it could not be deemed to be bound by any arbitration agreement. The bench held: “They...
Estimation Report By DVO Alone Can't Form Basis For Reopening Completed Assessment: Delhi High Court
The Delhi High Court held that the sole ground for re-opening of assessment u/s 148 by AO being the report/estimate of the Valuation Officer is unsustainable. Proximity of the reasons with the belief of escapement of income is the determinative factor for re-opening of the assessment, as absence of reasons would obviate the possibility of a belief and would bring the case in the realm...
The Arbitral Tribunal May Implead A Non-Signatory To The Arbitral Proceedings: Delhi High Court
The Delhi High Court bench of Justice C. Harishankar, while deciding an appeal under Section 37(2)(b) has held in the affirmative whether the arbitral tribunal may implead a non-signatory to the arbitration agreement in the proceedings. Following the ratio in Cox and Kings Ltd v. Sap India Pvt Ltd (Cox and Kings II), it observed that whether a non-signatory is bound by...
'No Public Interest': Delhi HC Directs Roster Bench To Hear Lawyer's Plea For Govt Life Insurance Benefits Without Furnishing His Aadhaar
The Delhi High Court today observed that there is no public interest involved in the writ petition moved by a lawyer, seeking to remove AADHAAR number as a mandatory requirement for the purpose of registration under Chief Minister Advocates' Welfare Scheme.A division bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela observed that it was petitioner's personal choice to not...
Non-Compliance With Share Purchase Agreement; Arbitrability Of Dispute Must Be Decided By Arbitral Tribunal, Not By Court: Delhi High Court
The Delhi High Court bench of Justice C. Hari Shankar has held that argument claiming the dispute is non-arbitrable due to non-compliance with the Share Purchase Agreement cannot be addressed by the court under Section 11(6) of the Arbitration and Conciliation Act, 1996. The bench held that such aspects need to be addressed by the arbitral tribunal. Brief Facts: The...
DUSU Elections: High Court Directs Delhi University VC To Decide Representation Seeking 50% Reservation For Women
The Delhi High Court has directed the Vice Chancellor of Delhi University to decide a representation made to it back in October 2023 for reservation of 50% seats for women in DU Students Union (DUSU) elections.The bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela noted that Petitioner had relied on J M Lyngdoh Committee Report of 2006, which recommend measures for...