Delhi High Court Upholds Arbitrator's Decision To Deny Pre-Reference, Pendente Lite Interest for Project Delay

The Delhi High Court bench of Justice Prateek Jalan has held that it is reasonable for an arbitrator to deny pre-reference and pendente lite interest when the applicant is partially responsible for delays in completing the project. The bench held that interpreting a contract and determining claims based on that interpretation fall within the arbitral...

Appearing Before Court In Drunken State Unpardonable, Amounts To Contempt: Delhi High Court

The Delhi High Court has recently observed that appearing before a court in drunken state is “unpardonable” and amounts to contempt of court.A division bench comprising Justice Prathiba M Singh and Justice Amit Sharma held a lawyer, who appeared before a trial court drunk in a traffic challan-case, guilty of criminal contempt. “Appearing before a Court in a drunken state is...

Imminent Need To Reconsider Mandatory Attendance Norms In Colleges: Delhi High Court

The Delhi High Court has observed that there is an imminent need to have reconsideration of mandatory attendance norms in undergraduate or postgraduate courses.A division bench of Justice Prathiba M Singh and Justice Amit Sharma said that it intends to form a Committee to study various factors and to place a report as to what uniform practices can be evolved for undergraduate and...

Arbitral Tribunal Is Master of Evidence, Delhi High Court Upholds Award Against Railways

The Delhi High Court division bench of Justice Rajiv Shakdher and Justice Tara Vitasta Ganju has held that when an arbitrator delivers an Arbitral Award, the assessment of the quality and quantity of evidence presented to her must be respected, and any reasonable conclusion drawn by the arbitrator based on the facts should be upheld. The bench held that that the Arbitral Tribunal is...

Court Acquires Jurisdiction Under Section 11(6) Of Arbitration Act Immediately On Default Of Pre-Arbitral Or Arbitral Procedure: Delhi High Court

The Delhi High Court bench of Justice C. Hari Shankar has held that court acquires jurisdiction under Section 11(6) of the Arbitration and Conciliation Act, 1996 immediately on the default, of either party, in adhering to the pre-arbitral or arbitral procedure envisaged in the contract. Section 11(6) provides that if a party fails to appoint an arbitrator, or if the...

"Actively Addressing Logistical & Infrastructural Challenges": Delhi HC Rejects Plea Seeking Enhanced Access To Live Streaming Of Court Proceedings

The Delhi High Court has recently dismissed a plea seeking enhanced implementation of live streaming of court proceedings and for completing pending work in the live streaming process in a time-bound manner. Justice Sanjeev Narula observed that the existing infrastructure and the gradual expansion plans of live streaming are based on practical assessments by the Delhi High Court's...

Delhi High Court Declares 'Boroline' As Well Known Trademark, Restrains Use Of 'Borobeauty'

The Delhi High Court has declared the word “Boroline”, used for selling an antiseptic ayurvedic cream, as a well-known trademark under the Trade Marks Act. “There is no denying the fact that “BOROLINE” has attained the status of a household name, and is one of the oldest trademarks, which has been in continuous use, preceding the independence of India,” Justice Mini Pushkarna...

Reciprocal Promises In Settlement Agreements Must Be Executed Simultaneously: Delhi High Court

The Delhi High Court bench of Justice Navin Chawla has held in a settlement agreement where both parties have made reciprocal promises, these promises must be executed simultaneously. Brief Facts: The dispute revolved around the execution of a decree from a 2005 suit filed to dissolve the partnership firm M/s Hotel Marina (Decree Holder). The decree, issued in March 2006 based on...

Witnesses In Arya Samaj Mandir Marriages Must Be Genuine And Bonafide: Delhi High Court

The Delhi High Court has declared as void a marriage solemnized between a woman and her real uncle in an Arya Samaj Mandir after a false affidavit was given by the man stating himself to be unmarried when he had a wife and son.A division bench comprising Justice Prathiba M Singh and Justice Amit Sharma saw the photographs of the marriage and noted that apart from the couple, nobody was present...

Independent, Non-Executive Directors Of Company Cannot Be Held Liable Under Section 138 Of NI Act Without Specific Allegations: Delhi High Court

The Delhi High Court bench of Justice Amit Mahajan has held that independent, non-executive directors of an accused company cannot be held liable under Section 138 of the Negotiable Instruments Act, 1881, if the complaints do not include specific allegations detailing their active role in the offence. Brief Facts: The matter pertained to petitions which challenged summoning...

Allegations Of Fraud And Time-Barred Claims Must Be Addressed By Arbitral Tribunal, Not Court: Delhi High Court

The Delhi High Court bench of Justice C. Hari Shankar has held that issues such as allegations of fraud and claims that the applicant's claims are time-barred must be addressed by the arbitral tribunal rather than the court. Brief Facts: The matter pertained to a petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 which sought the reference of a dispute...

Delhi High Court Orders Website To Pay Rs. 5 Lakh Costs To Louis Vuitton For Unauthorised Use Of Copyrighted Photos

The Delhi High Court has recently ordered Rs. 5 lakhs as costs in favour of famous French luxury brand Louis Vuitton in its suit against a website for use of its photographs without authorization.Justice Mini Pushkarna directed the website, www.haute24.com and its owner to pay the costs to Louis Vuitton, which is situated in France, directly.The court also injuncted the website from using...