Citizenship Act Prevails Over Passport Manual: Delhi High Court

The Delhi High Court has said that the Citizenship Act, 1955, prevails over the Passport Manual of 2020, observing that a subordinate legislation cannot override the parent legislation.Justice Subramaniam Prasad allowed the plea moved by two minor children against the authorities' decision to cancel their Indian passports and not reissuing the same.The parents of the children were Indian...

Arvind Kejriwal Moves Delhi High Court Challenging Arrest, ED Remand In Liquor Policy Case

Delhi Chief Minister Arvind Kejriwal has moved the Delhi High Court challenging his arrest by Enforcement Directorate (ED) and six days of remand in the money laundering case related to the alleged liquor policy scam case.Kejriwal was arrested by ED on March 21 at around 9 PM. Yesterday, the trial court had remanded him to ED custody till March 28. As per Aam Aadmi Party's legal team, the...

Abhisar Buildwell Judgment Can't Be Construed To Be An Authority To Override Mandate Of Section 245-I: Delhi High Court

The Delhi High Court has held that the judgement of Abhisar Buildwell passed by the Supreme Court cannot be construed to be an authority to override the mandate of Section 245-I of the Income Tax Act.The bench of Justice Yashwant Varma and Justice Purushaindra Kumar Kaurav has observed that in terms of the Supreme Court's judgment in the case of Abhisar Buildwell, the completed or...

After Final Settlement Of Arbitration Award Is Acknowledged, Claims Of Under Influence And Coercion Can't Be Raised: Delhi High Court

The Delhi High Court single bench comprising Justice Prateek Jalan held that once an arbitration award has been acknowledged to be fully and finally settled by both the parties, it cannot be challenged on the basis of one-sided nature of the arbitration agreement. “The learned Arbitrator noted that the claimant had not reserved any other liberty and had not withdrawn the consent...

Arbitral Tribunal Cannot Be Faulted For Disallowing Additional Evidence At The Fag End Especially When The Document Was Already In Possession Of The Party: Delhi High Court

The High Court of Delhi has held that an arbitral tribunal cannot be faulted for disallowing additional evidence at the fag end especially when the document was already in possession of the party. The bench of Justice Prateek Jalan also held that arbitral tribunal is not strictly bound by the Indian Evidence Act. Facts The respondent, an importer and distributor of mobile...

Delhi High Court Dismisses PIL To Remove Automated Voice Prefixed In Emergency Helpline

The Delhi High Court has dismissed a public interest litigation seeking removal of Interactive Voice Response (IVR) and other computer-generated voice prefixed in Emergency Helpline No. 112.A division bench comprising of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora that the IVR system in place is best in the current scenario even though it may not be perfect.“Maybe...

MSMED Act | No Bar In 'filing' Petition Under Section 34 A&C Without Pre-deposit of 75% Award Amount, but Will Not Be 'Entertained' Without Pre-Deposit: Delhi High Court

The Delhi High Court single bench of Justice Jasmeet Singh held that there is no bar in filing a petition under Section 34 of the Arbitration and Conciliation Act, 1996 and the same can be filed without pre deposit of 75% of the awarded amount under the Micro, Small and Medium Enterprises Development Act, 2006. However, the bench held that the petition will not be “entertained”...

Sub-lease Agreement Excluded Disputes Related To Public Premise From Arbitration, Making Them Non-Arbitrable: Delhi High Court

The Delhi High Court single bench of Justice Dinesh Kumar Sharma held that arbitral tribunal should generally be the primary authority to determine non-arbitrability, except in cases where claims were manifestly and ex facie non-arbitrable. It held that Sub-lease Agreement excluded the disputes related to public premise from arbitration, therefore, making them...

Once Party Submits Itself To Jurisdiction Of Court And Abandons Section 8 Application, Cannot Seek Reference u/s 8: Delhi High Court

The Delhi High Court single bench of Justice Neena Bansal Krishna held that held that once a defendant submits itself to the jurisdiction of the Court and abandons its application under Section 8, it cannot subsequently seek referral of the disputes to arbitration under Section 8 of the Arbitration Act. Brief Facts: The Defendant No.1 field an application in Delhi High Court...

Tax Invoices Stating Arbitration Clause Binds Parties To Arbitration: Delhi High Court Refers Parties To Arbitration

The Delhi High Court single bench of Justice Prathibha M. Singh held that the tax invoices explicitly containing the arbitration clause and parties without raising any dispute concerning it are legally bound by the arbitration clause. “In the present case, the parties have a running account which is not in dispute. Two purchase orders may have been placed by the Respondent and...

Section 3 A&C | Deemed Service Is Rebuttable, If Party Establishes Delivery Could Not Be Made Despite Fulfilling Conditions u/s 3: Delhi High Court

The Delhi High Court single bench of Justice Manoj Kumar Ohri held that the delivery of a signed copy of the arbitral award to a party isn't merely procedural but confers a substantive right upon them to challenge the award within the statutory period. The bench held that the presumption of deemed service under Section 3 of the Arbitration Act is rebuttable and can be negated if a...

One Party Cannot Appoint 2/3rd Of The Arbitral Tribunal: Delhi High Court

The High Court of Delhi has held that a panel for appointment of arbitrator cannot be restricted to mere 3 names as it would violate broad-based representation. Moreover, one party cannot appoint 2/3rd members of the arbitral tribunal as it would violate principles of neutrality and counter-balancing. The bench of Justice Dinesh Kumar Sharma also held that a petition under...