Delhi High Court
Delhi High Court Directs Dept. To Consider ITC Refund In Light Of CBIC Circular Extending Benefit Of Exclusion Period
The Delhi High Court has directed the department to consider refunding the input tax credit (ITC) in light of the circular issued by the Central Board of Indirect Taxes and Customs (CBIC) extending the benefit of the exclusion period.The bench of Justice Sanjeev Sachdeva and Justice Ravinder Dudeja has observed that the benefit of exclusion of the period from March 1, 2020, to February 28,...
Disputes Prior To Registration Under MSME Act Can't Be Referred To MSME Arbitration: Delhi High Court Reiterates
The Delhi High Court bench comprising Justice Subramonium Prasad held that an entity registered under Micro, Small and Medium Enterprises Development Act, 2006 after the commencement of the contract cannot be referred to arbitration by MSME Council under Section 17 and 18 of the Act for the claims arisen before its registration. The bench noted that this objection should be raised before...
Party Failing To File Written Submission Within Time Frame, Forfeits Right To File Sec. 8 Petition Under A&C Act: Delhi High Court
The Delhi High Court bench comprising Justice Vibhu Bakhru and Justice Tara Vitasta Ganju held that a party forfeits its right to file an application under Section 8 of the Arbitration and Conciliation Act, 1996 once it has filed the written statement in a civil suit. Brief Facts: Surender Singh Sethi (“Respondent”) initiated a civil suit against Ranjana Bhasin (“Appellant”)...
Chargesheet Will Not Be Invalidated If Some Documents Relied Upon By Prosecution Are Not Filed Along With It: Delhi High Court
The Delhi High Court has ruled that a chargesheet will not be vitiated or invalidated if the documents relied upon by the prosecution are not filed along with it.“Ordinarily though, all the documents relied upon by the prosecution should accompany the charge- sheet, nonetheless, if for some plausible reasons, all the documents are not filed along with the charge-sheet, this itself, would...
Delhi High Court Modifies Interim Relief Of Stay Of Award, Allows Air India To Pay 50% Amount In Form Of Bank Guarantee
The Delhi High Court bench comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela modified its earlier order which restrained the execution of an arbitral award involving Air India as a party. Air India claimed that instead of granting an unconditional stay as requested, the High Court initially restrained the execution of the award by employing a contingency on Air India...
Can Initiate Arbitral Proceedings Without Other Party's Consent Even If Arbitration Mentioned As Alternative Settlement Method: Delhi High Court
The Delhi High Court bench comprising Justice Prateek Jalan held that a dispute resolution clause providing for alternative modes of settlements, including arbitration, and containing the term “will”, doesn't require the consent of the other party for settlement of disputes through arbitration. The bench noted that in such a case the parties have already reached a consensus ad...
Limitation Period U/s 34(3) Absolute; Condonation Of Delay Impermissible Unless Party Shows Diligence And Bona Fide Reasons: Delhi High Court
The Delhi High Court bench comprising Justice Pratibha M Singh held that the time limit for limitation under Section 34(3) of the Arbitration and Conciliation Act, 1996 is absolute in nature and it is impermissible to condone the delay in challenging an arbitral award under Section 34 unless the party demonstrates diligence and bona fide reasons beyond its control for the...
Section 11 Petition Can Be Filed Only After Failure Of Parties To Appoint Arbitrator Within 30 Days Of Notice, Limitation Act Applies: Delhi High Court
The Delhi High Court bench, comprising Justice Prathiba M. Singh, held that a petition under Section 11 of the Arbitration and Conciliation Act, 1996 can only be filed after a notice of arbitration has been issued and there has been a failure to make the appointment of an arbitrator within 30 days. The bench held that the limitation period arises upon the failure to make the appointment...
Delhi High Court Weekly Round-Up: January 29 To February 04, 2024
Citations 2024 LiveLaw (Del) 109 to 2024 LiveLaw (Del) 134NOMINAL INDEXAJAY KUMAR v. UNION OF INDIA & ORS. 2024 LiveLaw (Del) 109ANAJALI PANDEY v. GOVT OF NCT OF DELHI & ANR. 2024 LiveLaw (Del) 110RECKITT BENCKISER INDIA PRIVATE LIMITED v. UNION OF INDIA THROUGH: ITS SECRETARY & ORS. 2024 LiveLaw (Del) 111ASHWINI KUMAR UPADHYAY v. UNION OF INDIA & OTHERS 2024 LiveLaw...
Never Take Yourself Or Others Too Seriously, Detachment Important: Delhi HC Judges On How Legal Professionals Can Heal Their Mental Health
Justice Anup Jairam Bhambhani and Justice Poonam A. Bamba (retired) of the Delhi High Court on Friday said that in order to tackle mental health issues, legal professionals must never take themselves or others too seriously and they must detach themselves from things which they face on a regular basis. The judges were speaking on the fourth Coffee Chat organized by the Delhi High Court...
Fundamental Right To Travel Abroad Can't Be Curtailed Merely Because Person Failed To Pay Bank Loan: Delhi High Court
The Delhi High Court has observed that the issuance of a lookout circular (LOC) cannot be resorted to in every case of bank loan defaults or credit facilities availed for business. “… the Fundamental Right of a citizen of the country to travel abroad cannot be curtailed only because of failure to pay a bank loan more so when the person against whom the lookout circular is opened has not...
Delhi High Court Issues Notice On Plea Challenging BCI's Decision Permitting Entry Of Foreign Law Firms In India
The Delhi High Court on Friday issued notice on a plea challenging the notification issued by Bar Council of India (BCI) last year permitting entry of foreign law firms and lawyers in India.A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora sought response of the BCI and the Union Government and listed the matter for hearing next in April. The plea has...