Once Arbitration Agreement Is Confirmed, Court Should Refrain From Delving Into Other Issues: Delhi High Court

The Delhi High Court bench of Justice Amit Bansal held that the role of the court is limited to verifying the existence of a valid arbitration agreement. The bench held that once the court confirms that the arbitration agreement exists, it should refrain from delving into other issues, which are to be decided by the arbitral tribunal.Brief Facts:The Petitioner was awarded a contract for...

Delhi High Court Monthly Digest: May 2024 [Citations 523 - 665]

Citations 2024 LiveLaw (Del) 524 to 2024 LiveLaw (Del) 665NOMINAL INDEXAMARJEET GUPTA v. ELECTION COMMISSION OF INDIA & ORS 2024 LiveLaw (Del) 524ANIL KUMAR HAJELAY & ORS. v. HON'BLE HIGH COURT OF DELHI 2024 LiveLaw (Del) 525M/S Krish Overseas Versus Commissioner Central Tax-Delhi West & Ors. 2024 LiveLaw (Del) 526ACTION COMMITTEE UNAIDED RECOGNIZED PRIVATE SCHOOLS v. DIRECTORATE...

Delhi High Court Weekly Round-Up: May 27 To June 02, 2024

Citations 2024 LiveLaw (Del) 638 to 2024 LiveLaw (Del) 672NOMINAL INDEXMUNNA SINGH & ANR. v. STATE OF NCT OF DELHI & ORS. 2024 LiveLaw (Del) 638 SHREE HANUMANT DHARMIK RAMLEELA COMMITTEE REGD & ANR. v. DELHI DEVELOPMENT AUTHORITY & ORS. 2024 LiveLaw (Del) 639 SHRIKANT PRASAD v. GOVT OF N.C.T OF DELHI AND ORS 2024 LiveLaw (Del) 640 SpiceJet v. TWC Aviation 2024 LiveLaw...

CIC Can't Comment Upon Utilization Of Funds By MPs Under MPLADS: Delhi High Court Expunges Observations

The Delhi High Court has recently observed that the Central Information Commission (CIC) has no jurisdiction to comment upon utilization of funds by the Members of Parliament under the Members of Parliament Local Area Development Scheme (MPLADS).Justice Subramonium Prasad expunged the observations made by CIC regarding utilization of MPLADS funds and its abuse in an RTI application filed by...

Liquor Policy: Delhi High Court Denies Bail To Businessman Amandeep Singh Dhall

The Delhi High Court on Tuesday denied bail to businessman and director of Brindco Sales Private Limited, Amandeep Singh Dhall, in the corruption case connected to the alleged excise policy scam case.Justice Swarana Kanta Sharma dismissed Dhall's plea seeking regular bail in the case registered by Central Bureau of Investigation (CBI).“Considering the overall facts and circumstances of...

Official Liquidator Must Adhere To Ethical Principles And Fairness To Discharge Their Duties Under IBC: Delhi High Court

The Delhi High Court bench of Justice Subramonium Prasad held that official liquidators must adhere to ethical principles and demonstrate an unwavering commitment to fairness to discharge their duties under the Insolvency and Bankruptcy Code. The bench held that: “the role of the liquidator in insolvency proceedings is paramount to the entire process. The liquidation...

Grant Of Statutory Bail Not Interlocutory Order But Final Order: Delhi High Court

The Delhi High Court has recently observed that the grant of statutory bail is not an interlocutory order but a final order. “As far as the maintainability of the Revision Petition is concerned, the grant of Statutory Bail cannot be considered as an Interlocutory Order. It is a final order releasing the Applicant on Bail as the investigation could not be completed and the final report could...

Delhi High Court Rejects PIL Challenging Appointment Of National Small Industries Development Corporation's Chairman

The Delhi High Court has dismissed a public interest litigation (PIL) challenging the appointment of Dr. Subhransu Sekhar Acharya, the Chairman-cum-Managing Director of National Small Industries Development Corporation Limited (NSIDC).A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet PS Arora said that a PIL is not maintainable in service matters and...

Wait List Candidate Doesn't Have Inherent Right To Appointment, Can't Challenge Selected List Of Candidates After One Year: Delhi High Court

The Delhi High Court bench of Justice Tushar Rao Gedela held that the wait-listed candidate will not have any right whatsoever much less the right of consideration. Further, the bench held that once the final select list of candidates has been offered an appointment to the post and concluded by such incumbents accepting the said offer and occupying the said post, the candidate cannot...

Delhi High Court Ex-Parte Restrains Saksham Trading Company From Using “Yatra' And 'YS' In E-Vehicles Business

The Delhi High Court bench of Justice Anish Dayal held that restrained Saksham Trading Company from using 'Yatra', 'YS', and any other marks resembling or deceptively similar to the YC Electric Vehicles marks 'Yatri' and 'YC' in E-Rickshaws, E-Vehicles, parts, accessories, and related goods. The bench held that: “Balance of convenience lies in favour of plaintiff, and they...

Determination Of Delay On Part Of Contractor Is Not 'Excepted Matter', Only Quantum Of Damages Is Non-Arbitrable: Delhi High Court

The Delhi High Court bench of Justice Neena Bansal Krishna held that the question of determination of whether indeed, there was a delay on the part of the Contractor is not an excepted matter and it is only the quantum of damages which is non-arbitrable. The bench held that: “….the question of determination of delay, is not an excepted matter and has to be necessarily arbitrated...

Where No Seat Is Specified In Arbitration Agreement, Jurisdiction Of Court Shall Be Determined In Accordance With Section 16 To 20 Of CPC: Delhi High Court

The Delhi High Court bench of Justice Neena Bansal Krishna held that where no seat of arbitration is specified in the arbitration agreement, the jurisdiction of the court shall be determined in accordance with Section 16 to Section 20 of C.P.C. The bench held that: “….no confusion and law is explicit that for the purpose of Arbitration, even if no part of cause of action has...