Delhi High Court
Arbitral Tribunal Is Final Decision-Maker; Court Interference Only For Perverse Or Implausible Awards: Delhi High Court
The Delhi High Court divison bench of Justice Vibhu Bakhru and Justice Tara Vitasta Ganju has held that Arbitral Tribunal serves as the ultimate decision-maker on all matters. The bench held that interference by the court under Section 34 of the Arbitration and Conciliation Act, 1996 is only warranted if the Tribunal's decision is deemed perverse...
Delhi High Court Rejects Contempt Plea Over Allegations Of Ill-Treatment To Animals In Ambani Wedding, Calls Out "Sensational Journalism"
The Delhi High Court has recently rejected a contempt plea filed by a lawyer over allegations that inhumane and ill-treatment was meted out to animals in industrialist Mukesh Ambani's son Anant Ambani's pre-wedding celebrations in Jamnagar, Gujarat. Justice Dharmesh Sharma dismissed the contempt plea which alleged wilful disobedience of a division bench's order of February 12.The initial plea...
'Was Attempt To Muzzle The Press': Delhi High Court Quashes Centre's Eviction Notices Issued To Indian Express In 1987; Imposes Rs 5 Lakh Cost
In relation to a long-pending dispute between the Union of India and the Indian Express Newspapers, the Delhi High Court has quashed a eviction notice issued against the Express in 1987. Justice Prathiba M. Singh observed that the notices issued against the Express were “...an attempt by the then Government to muzzle the press and dry up its source of income.”The High Court noted that...
Delhi High Court Refuses To Quash BJP Leader's Defamation Case Against CM Arvind Kejriwal, Atishi
The Delhi High Court on Monday refused to quash a defamation case filed by a BJP leader against Chief Minister Arvind Kejriwal and other Aam Aadmi Party (AAP) leaders for their remarks over alleged deletion of voters' names from electoral rolls in the national capital in 2018. Justice Anoop Kumar Mendiratta dismissed the plea moved by Kejriwal and AAP leaders against a sessions court...
Arbitrator's Discussion On Claims And Costs Exceeds Jurisdiction If Not As Per Arbitration Clause: Delhi High Court
The Delhi High Court bench of Justice Prateek Jalan has held that if an arbitrator concludes that she was not appointed according to the arbitration clause, then any discussion on the merits of the claims and the award of costs against the Respondents exceeds the arbitrator's jurisdiction. Brief Facts: The matter pertained to a petition which challenged an arbitral award...
Administrative Lethargy Of Government Machinery Not Valid Ground For Delay Condonation In Arbitration Appeals: Delhi High Court
The Delhi High Court bench of Justice Prateek Jalan has held that nature of administrative lethargy of the Government machinery is not a satisfactory explanation for condonation of delay in submitting an appeal under Section 37(2)(b) of the Arbitration and Conciliation Act, 1996. Brief Facts: Union of India filed an application before the High Court for condonation of...
Correspondence Stating Non-Arbitrability Of Dispute Due To Negotiable Instruments Act Proceedings Implies Recognition Of Arbitration Clause: Delhi High Court
The Delhi High Court bench of Justice Prateek Jalan has held that correspondence from a party stating that ongoing proceedings under the Negotiable Instruments Act, 1881 barred initiation of arbitration implicitly acknowledged the existence of the arbitration clause. Brief Facts: The matter pertained to an application filed under Section 11 of the Arbitration and Conciliation...
No Denial Of Opportunity When Arbitrator Allowed Claimants To Submit Additional Affidavit Revealed In Respondent's Response-Affidavit: Delhi High Court
The Delhi High Court bench of Justice Manoj Jain has held that there is no denial of opportunity when the arbitrator permitted the claimants to submit an additional affidavit by way of examination-in-chief which came to light for the first time in the response-affidavit filed by the Respondent. Brief Facts: DD Auto Pvt Ltd (Petitioner) was one of the co-claimants in an...
Legality Of Arbitrator's Appointment Can't Be Challenged In Petitions For Extension Of Arbitrator's Mandate: Delhi High Court
The Delhi High Court bench of Justice C. Hari Shankar has held that objections related to the legality of an arbitrator's appointment cannot be raised in a petition seeking an extension of the arbitrator's mandate under Section 29A(4) of the Arbitration and Conciliation Act, 1996. Brief Facts: Apex Buildsys Ltd. (Petitioner) filed a petition under Section 29A(4) of...
Complete Lack Of Clarity In Govt Regulations Concerning Arms And Ammunition Industry: Delhi High Court
The Delhi High Court has recently observed that there is a complete state of confusion and lack of clarity in the Government regulations in relation to the arms and ammunition industry. A division bench comprising of Justice Rajiv Shakdher and Justice Amit Bansal said there is a complete lack of clarity between different agencies like Directorate General of Foreign Trade (DGFT), Ministry of...
Delhi High Court Orders Grant Of Scholarship For Oxford To Student Hailing From Traditional Artisans Family
The Delhi High Court has directed the Central Government to grant National Overseas Scholarship for studying Masters of Public Policy at the University of Oxford to a student hailing from traditional artisans family in Gujarat.Justice Swarana Kanta Sharma said that the student, Mohit Jitendra Kukadia, must have faced financial instability from a young age and despite hardships, he...
Delhi High Court Issues Notice On Plea Claiming Non-Vegetarian Ingredient In Patanjali's Divya Manjan Product
The Delhi High Court yesterday issued notice on a plea alleging that Patanjali's Divya Manjan product contains non-vegetarian ingredient.Justice Sanjeev Narula sought response of the Central Government, Divya Pharmacy (manufacturer), Patanjali Ayurveda (seller), Yoga Guru Ramdev, Acharya Balakrishna, Food Safety and Standards Authority of India (FSSAI) and other relevant parties. The matter...