Delhi High Court
Delhi Riots: High Court Denies Bail To Salim Malik, Says Violence Openly Discussed In Meetings Which Is Not Acceptable In Any Democratic Nation
The Delhi High Court yesterday denied bail to Salim Malik alias Munna in the case registered under Unlawful Activities (Prevention) Act, 1967, alleging a larger conspiracy in the 2020 North-East Delhi riots.A division bench comprising Justice Suresh Kumar Kait and Justice Manoj Jain observed that there was enough material on record which clearly indicated that Malik was a co-conspirator...
National Council For Teacher Education Is 'State' Under Article 19(6), Its Executive Decision Constitutes 'Law': Delhi High Court
The Delhi High Court has ruled that the National Council for Teacher Education (NCTE) is a “State” for the purposes of Article 19(6) of the Constitution of India.Justice C Hari Shankar held that an executive decision taken by the NCTE would also, therefore, constitute “law” for the purposes of Article 19(6).Article 19(6) empowers the State from making any law imposing, in the interests...
Court Has To Necessarily Extend Mandate Of The Arbitrator If No Ground For Its Substitution Is Made Out, No Need For A Separate Section 29A Application: Delhi High Court
The High Court of Delhi has held that a Court exercising powers under Sections 14 & 15 of the A&C Act can extend the mandate of the arbitrator if no ground for its substitution is made out in the application. The bench of Justice Neena Bansal Krishna held that once the Court is satisfied that there is no ground for substitution of the arbitrator, the Court can extend...
Delhi High Court Weekly Round-Up: April 15 To April 21, 2024
Citations 2024 LiveLaw (Del) 451 to 2024 LiveLaw (Del) 472NOMINAL INDEXPRAGATI SHRIVASTAVA v. THE SECRETARY, CENTRAL BOARD OF SECONDARY EDUCATION AND ANR 2024 LiveLaw (Del) 451Rajiv Channa Vs Union Of India 2024 LiveLaw (Del) 452Cobra Instalaciones Y Servicios v. Haryana Vidyut Prasaran Nigal Ltd 2024 LiveLaw (Del) 453Lease Plan India Pvt Ltd v. Rudrakash Pharma Distributor 2024 LiveLaw...
Arbitrator Failed To Deal With Material Contentions, Arbitral Award Would Not Satisfy The Requirement Of A Reasoned Award: Delhi High Court
The High Court of Delhi has held that when the arbitral tribunal fails to deal with submissions of a party on a contentious issue, the resultant award would not fulfil the requirements of a reasoned award as required under Section 31 of the A&C Act. It held that the tribunal cannot simply accept unquantified claims without assigning reasons and without dealing with the objections...
Ensure PG Seats Allotment In St Stephen's College Is Not Disproportionate: High Court To Delhi University
The Delhi High Court on Monday directed the Delhi University (DU) to ensure that henceforth, the allocation or allotment of PG seats in St Stephen's College is not disproportionate. Justice C Hari Shankar said that while ensuring the allocation, DU may consider the infrastructure available with the concerned College and the number of UG students in that course of study admitted....
Mandate Of The Arbitrator Cannot Be Terminated When The Delay Was Not Attributable To Arbitrator: Delhi High Court
The bench of Justice Neena Bansal Krishna of Delhi High Court has held that mandate of the arbitrator cannot be terminated when the delay in proceedings was on account of pendency of appeal against the decision of the arbitral tribunal. The Court held that time consumed in the appeal and the consequent SLP and clarificatory applications cannot be attributed to the arbitral tribunal...
Arbitrator Appointment Cannot Be Called Unilateral When Respondent Consented To Appointment From Panel Of 5 Names: Delhi High Court
The High Court of Delhi has held that the appointment of the arbitrator cannot be called unilateral when the tribunal was constituted pursuant to the consent by the respondent to the appointment from a panel of 5 names. The Bench of Justice Prathiba M.Singh held that appointment of arbitrator from a panel of 5 names consisting of retired govt. officials would be valid in terms of...
While Court's Jurisdiction Is Limited At The Time Of Making A Reference, It Is Not Expected To Mechanically Refer Dispute To Arbitration: Delhi High Court
The Delhi High Court single bench of Justice Dinesh Kumar Sharma has held that while the court's jurisdiction is limited at the time of making a reference, it is not expected to mechanically refer the dispute to arbitration. The Court also held that once a party has chosen to file a civil suit to get the disputes resolved, it cannot be permitted to invoke arbitration when the suit...
Delhi High Court Imposes 5 Lakhs Rupees Cost On A Party For Failure To Disclose An Unfavourable Order Under SARFAESI Act While Seeking Interim Relief Under Arbitration Act
The High Court of Delhi has imposed costs of Rs. 5 lakhs on a party that failed to disclose an unfavourable order under SARFAESI Act while seeking interim relief under Section 9 of the A&C Act. The bench of Justice Prathiba M. Singh held that pendency of proceedings under SARFASI Act is not a bar on initiation of proceedings under A&C Act, however, a party must disclose a...
Debt Acknowledged In Letters, Delhi High Court Grants Benefit Of Section 18 To Hold Invocation Of Arbitration Within Limitation
The High Court of Delhi has held that assurance given by a party to repay the debts in letter issued to the other party would amount to an acknowledgement of the debt within the meaning of Section 18 of the Limitation Act. The bench of Justic Prathiba M. Singh held that such an acknowledgement would give rise to a fresh cause of action and the period of limitation would run afresh...
Delhi High Court Dismisses PIL Seeking Release Of CM Arvind Kejriwal On Extraordinary Interim Bail, Imposes ₹75K Costs
The Delhi High Court on Monday dismissed a PIL seeking release of Chief Minister Arvind Kejriwal on “extra ordinary interim bail” in all the criminal cases registered by against him, including the Enforcement Directorate (ED), which are pending for inquiry or trial, till completion of his tenure.A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh...