Delhi High Court
Delhi High Court Sets Aside Suspension Of 7 BJP MLAs From Delhi Assembly Budget Session
The Delhi High Court on Wednesday allowed the petitions filed by seven BJP MLAs challenging their recent suspension from the remainder of the Budget session of the Delhi Assembly, for allegedly interrupting the Lieutenant Governor's address.Justice Subramonium Prasad set aside the suspension of the MLAs. The court had reserved its verdict on the pleas on February 27.The suspended members...
E-Commerce Platforms Obliged To Provide Complete Details Of Sellers, Can't Be Exploited To Facilitate IPR Infringement: Delhi High Court
The Delhi High Court has observed that there is an obligation on the E-Commerce platforms to ensure that complete details of the sellers are available on their site so that consumers are aware of the sellers from whom the product has been purchased, as well as the entity who is listing the product.“The Consumer Protection (E- Commerce) Rules, 2020, notified on 23rd July, 2020, imposes...
Husband Expecting Wife To Do Household Chores Can't Be Termed As Cruelty: Delhi High Court
The Delhi High Court has observed that a husband expecting his wife to do household chores cannot be termed as cruelty. A division bench comprising Justice Suresh Kumar Kait and Justice Neena Bansal Krishna made the observation while dealing with a husband's appeal challenging a family court order rejecting his plea seeking dissolution of marriage on the grounds of cruelty by the wife....
Bloomberg Moves Delhi High Court Against Trial Court Order To Take Down 'Defamatory' Article On Zee
News and media platform “The Bloomberg” has moved the Delhi High Court against a trial court order directing it to take down an allegedly defamatory article on Zee Entertainment Enterprises Limited.Senior Advocate Rajiv Nayar appearing for The Bloomberg mentioned the matter before a division bench headed by Acting Chief Justice Manmohan which allowed urgent listing for tomorrow. “I am...
Section 29A Petition Maintainable If Filed Before Award Is Delivered and Not If Award Is Delivered : Delhi High Court
The Delhi High Court single bench of Justice Prateek Jalan held that a petition under Section 29A of the Arbitration and Conciliation Act, 1996 is maintainable when filed before the award is delivered during the ongoing petition, but becomes non-maintainable if filed after the award is delivered and proceedings for setting aside have commenced. Brief Facts: The matter pertained to...
Negotiation Requires Active Communication Between Parties, Non-Responsive Party Not Actively Participating: Delhi High Court Refers Matter To Arbitration
The Delhi High Court single bench comprising held that 'negotiation' necessitates communication between the involved parties, asserting that a party failing to respond to legal notices from another cannot be considered actively participating in the negotiation process. Consequently, Justice Sharma referred the matter to arbitral tribunal. Brief Facts: The matter pertained...
Delhi High Court Modifies Single Judge Order; Increases Income Threshold For EWS Admissions From ₹1 Lakh To ₹2.5 Lakh
The Delhi High Court on Tuesday modified a single judge's order that increased the income threshold of Rs. 1 lakh per annum, for admissions under Economically Weaker Section (EWS) category in schools in the city, to Rs. 5 lakhs.A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora stayed the directions of the single judge and said that the threshold...
Non Filing Of Arbitral Award Along Section 34 Is A Fatal Defect, Makes Filing Non-Est: Delhi High Court Dismisses Section 34 Petition
The Delhi High Court single bench of Justice Prateek Jalan held that non filing of the arbitral award along with the Petition under Section 34 of the Arbitration and Conciliation Act, 1996 is a fatal defect, making such filing as non-est. The bench held that the absence of a copy of the award renders it impossible to appreciate the grounds for seeking to set aside the...
Delhi High Court Imposes Costs Of Rs.1 Lakh On Indian Oil For Taking Inconsistent Stance In Section 34 A&C Petition
The Delhi High Court single bench of Justice Prateek Jalan set aside an arbitral award noting that the Indian Oil Corporation Limited failed to present evidence before the Arbitrator, thereby, making it impossible to adjudicate the contention raised regarding payment of dues. The bench imposed a substantial costs of Rs.1 lakh on the Indian Oil for taking unjustifiable contrary stands...
Multiple Arbitration Before Different Arbitral Tribunals Is Counterproductive And Should Be Avoided: Delhi High Court
The Delhi High Court single bench of Justice Prathiba M Singh held that multiple arbitrations before different Arbitral Tribunals in respect of the same contract is counterproductive and ought to be avoided. The bench held that it is incumbent on the parties to disclose such information to the court when approaching for appointment of arbitrator under Section 11(6) of...
Murder Accused Shot Dead In UP's Bijnor Court: High Court Issues Notice On Delhi Police's Plea Against NHRC Order Casting Aspersions On It
The Delhi Police on Tuesday moved the Delhi High Court challenging the order passed by the National Human Rights Commission (NHRC) casting aspersions on it over the alleged failure and negligence in carrying out its duty over an incident where a murder accused, lodged in city's Tihar jail, was taken to a court in Uttar Pradesh's Bijnor and was shot dead there.Justice Subramonium Prasad...
Section 42 A&C | Delhi High Court Terminates Arbitrator's Mandate Who Disclosed Award Prematurely To Party During Proceedings
The Delhi High Court single bench of Justice Jasmeet Singh terminated mandate of an arbitrator who disclosed the award prematurely and revealed details about several claims during the hearing of the arbitral proceedings to the party. The bench held that Section 42 of the Arbitration and Conciliation Act, 1996 mandates for strictest confidentiality in arbitration proceedings and the...