Non-Compliance Of Notification Conditions For Export Of Banned Non-Basmati White Rice; Delhi High Court Dismisses Exporter's Appeal

The Delhi High Court while dismissing the rice exporter's appeal, upheld the decision of the single bench holding that the exporter cannot be permitted to export 11,000 MT of banned non- basmati white rice, due to the non-fulfilment of the conditions entitling it to an exemption from the ban on export imposed by Notification bearing no. 20/2023 dated 20th July, 2023 issued by the Department...

[Arbitration Act] Issue Of Limitation In Section 11 Petition Should Be Deferred To Arbitral Tribunal, Court May Address Only In Specific Circumstances: Delhi High Court

The Delhi High Court bench of Justice Prateek Jalan held that the court may address the issue of limitation during a petition under Section 11 of the Arbitration and Conciliation Act, 1996, but only under specific circumstances. It held that this occurs when the limitation bar is clearly evident from the petition and accompanying documents. At the preliminary stage, it held that the...

Dispute Resolution Clauses Have To Be Read In Pragmatic Manner And Not In Manner That Frustrates Purpose: Delhi High Court

The Delhi High Court single bench of Justice Dinesh Kumar Sharma held the dispute resolution clauses are considered sacrosanct and cannot be disregarded. Nonetheless, it held the clauses must be read in a pragmatic manner and not in a manner that frustrates the purpose. Brief Facts: The matter pertained to disputes arising from two Master Service Agreements entered into by the...

Trial Court Discharges Two Men Accused Of Storing Child Pornographic Material, Delhi High Court Registers Suo Moto Case

Exercising its suo moto revisional jurisdiction, the Delhi High Court registered a suo moto revision petition from a public interest litigation which challenged a trial court order discharging two men accused of circulating and storing child pornographic material.A division bench comprising of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora observed that the findings of...

Delhi HC Upholds Railways' Decision To Suspend Catering Agency Which Carried LPG Cylinders On Board Trains Despite Directives Against Flame-Based Cooking

In a recent ruling, the Delhi Court has upheld the decision of the Ministry of Railways to keep the empanelment of Zenith Leisure Holidays Ltd. which provides catering and back-end services to the Indian Railways in abeyance following an incident where the firm was found to have carried LPG cylinders on board trains despite directives against flame-based cooking in pantry cars.The Court...

Plea In Delhi High Court Seeks Registration Of FIRs Against PM Narendra Modi, Other Candidates Over Alleged 'Hate Speeches'

A petition has been filed in the Delhi High Court seeking immediate action against Prime Minister Narendra Modi and other candidates for delivering allegedly “communally divisive speeches” in violation of the Model Code of Conduct amid the Lok Sabha polls. The plea refers to the Prime Minister's speech delivered in Banswara, Rajasthan on April 21.The matter was heard today by Justice...

Delhi High Court Quashes MOOWR Instructions Denying Benefit To Solar Power Generation Units

The Delhi High Court has held that the statutory scheme underlying the Manufacture and Other Operations in Warehouse Regulations, 2019 (MOOWR) cannot be construed as seeking to exclude solar power generation in terms of permissions granted under Section 65 of the Customs Act, 1962. The bench of Justice Yashwant Varma and Justice Ravinder Dudeja has observed that the activities undertaken by...

Liquor Policy: Delhi High Court Seeks ED's Response On BRS Leader K Kavitha's Bail Plea

The Delhi High Court on Friday issued notice on the plea moved by BRS leader K Kavitha seeking bail in the money laundering case related to the now scrapped liquor policy.Justice Swarana Kanta Sharma sought response of the Enforcement Directorate (ED) and listed the matter for hearing on May 24.Senior Advocate Vikram Chaudhary along with Advocate Nitesh Rana appeared for Kavitha. Special...

Delhi High Court Passes John Doe Order In Favour Of Indian Hotels Company Over Use Of 'Ginger' Trademark By 'Fraudulent Websites'

The Delhi High Court has passed a John Doe order in favour of Indian Hotels Company, part of the TATA group of companies, by restraining various “unknown fraudulent websites” using its registered trademark “Ginger” unauthorisedly for hotel bookings. Justice Sanjeev Narula issued a summons in the trademark infringement suit filed by the Indian Hotels Company against various unknown...

Whether Becoming Approver In Predicate Offence Has Any Bearing On PMLA Proceedings? Delhi High Court Answers

The Delhi High Court has observed that the evidence sought to be given at the instance of an accused who becomes an approver and is granted pardon in the scheduled or predicate offence, cannot be used for the purposes of money laundering proceedings under the PMLA.While granting bail to an accused namely Sanjay Kansal in the money laundering case, who had turned approver in the CBI FIR,...

Order Of Transferring Case May Mar Judge's Career For Life, Must Not Ordinarily Be Resorted To: Delhi High Court

The Delhi High Court has observed that an order of transferring a case to another court may mar the career of the judicial officer for life and thus, such a step must not ordinarily be resorted to. Justice C Hari Shankar said that transfer of a matter outside the court which is hearing it, and which has the jurisdiction to hear it, is an extremely serious matter. “It is a step which...

Convict Can't Be Granted Parole For Maintaining Conjugal Relationship With Live-In-Partner When He Already Has Legally Wedded Wife: Delhi High Court

The Delhi High Court has observed that the law in India as well as the Delhi Prison Rules do not permit grant of parole to a convict on the ground of maintaining conjugal relationships with a live-in partner, when he already has a legally wedded wife.Justice Swarana Kanta Sharma observed that a convict cannot be granted parole on the ground of having a child or to maintain conjugal...