Arbitral Tribunal Can Award Damages For Delay By Employer Even In Absence Of Any Clause In Agreement : Delhi High Court

The High Court of Delhi has held that the Arbitral tribunal can award monetary compensation as damages for the delay attributable to employer even when the agreement provides for the extension of time as the only remedy to the contractor. The bench of Justice Chandra Dhari Singh held that the tribunal cannot deny damages on the ground that the agreement provides only for extension...

Arbitral Tribunal Can Go Beyond To Grant Relief To Aggrieved Party When Contract Illegally Restricts Remedies : Delhi High Court

The High Court of Delhi has held that an Arbitral Tribunal can transgress the boundaries of the contract to grant relief to aggrieved party when the contract illegally restricts or does not provide for sufficient remedies. The bench of Justice Chandra Dhari Singh held that in a situation which is not anticipated in the agreement, the tribunal can transgress the boundaries...

100 Important Judgments Of Delhi High Court In 2023 [Part II]

LiveLaw reported 1357 judgments from Delhi High Court in 2023. Here are some of the important decisions:1. Trial Courts Cannot Direct Foreign Nationals Be Sent To Detention Centre While Granting Them Bail: Delhi High CourtTitle: EMECHERE MADUABUCHKWU v. STATE NCT OF DELHI & ANR.Citation: 2023 LiveLaw (Del) 470The Delhi High Court has said that the trial courts cannot direct foreign...

Non-Mentioning Of Prayer Renders The Petition Under Section 34 Of The A&C Act As Invalid: Delhi High Court

The High Court of Delhi has held that non-mentioning of prayer renders the petition under Section 34 of the A&C Act as invalid. The bench of Justices Suresh Kumar Kait and Neena Bansal Krishna held that without a prayer to set aside the impugned award, a petition cannot be considered valid as such petitions would merely amount to empty submissions without a relief. The Court...

Under Section 34(3) Of The A&C Act, The Limitation Period Of 3 Months Plus 30 Days In Inelastic And Inflexible: Delhi High Court Reiterates

The High Court of Delhi has held that under Section 34(3) of the A&C Act, the limitation period of 3 months plus 30 days in inelastic and inflexible. The bench of Justices Suresh Kumar Kait and Neena Bansal Krishna explained that the challenge petition must be filed within 3 months from the date of the receiving of the award, however, a grace period of 30 days is given in which...

Section 34 Petition Is Non-Est If Filed Without The Arbitral Award: Delhi High Court

The High Court of Delhi has held that non-filing of the arbitral award along with the petition under Section 34 of the A&C Act is a fatal defect which renders the filing as non-est. The bench of Justices Suresh Kumar Kait and Neena Bansal Krishna held that filing of an award along with the challenge petition is not an empty procedural requirement as sans the award, the Court...

Delhi High Court Weekly Round-Up: January 01 To January 07, 2024

Citations 2024 LiveLaw (Del) 1 to 2024 LiveLaw (Del) 21NOMINAL INDEXKHADI AND VILLAGE INDUSTRIES COMMISSION v. GIRDHAR INDUSTRIES AND ANR. 2024 LiveLaw (Del) 1VINOD KUMAR v. STATE (GNCT OF DELHI) 2024 LiveLaw (Del) 2CIT Versus RRPR Holding Pvt. Ltd. 2024 LiveLaw (Del) 3Neelam Azad v. State 2024 LiveLaw (Del) 4Sanket Bhadresh Modi v. Central Bureau Of Investigation & Ors. 2024 LiveLaw...

Delhi High Court Criminal Law Digest 2023

LiveLaw brings to you Delhi High Court Digest on Criminal law cases from the year 2023. MLC Report Can't Be Discarded For Non Examination Of Doctor Who Prepared It, Colleague Can Prove Record: Delhi High Court Case Title: Kamlesh v. State Citation: 2023 LiveLaw (Del) 10 Upholding life imprisonment of an accused convicted for committing rape upon a 2 year old minor girl, the...

Liquor Policy: AAP MP Sanjay Singh Moves Delhi High Court Seeking Bail In Money Laundering Case

Aam Aadmi Party MP Sanjay Singh has moved the Delhi High Court seeking bail in the money laundering case related to the liquor policy scam.The bail plea will be heard on Monday by Justice Swarana Kanta Sharma. Singh was denied bail by city's Rouse Avenue Courts on December 22 last year. Special CBI Judge MK Nagpal had dismissed Singh's bail plea. Singh was arrested by the Enforcement...

GST ITC Refund Can't Be Rejected Merely On Ground Of Non-Supply Of Authenticated Document: Delhi High Court

The Delhi High Court has held that an input tax credit (ITC) refund cannot be rejected merely on the grounds of the non-supply of authenticated documents.The bench of Justice Sanjeev Sachdeva and Justice Ravinder Dudeja has observed that the petitioner had uploaded documents; however, the system did not register the documents that were uploaded by the petitioner. The appellate authority...

Employee Accepted Salary After TDS Deduction, Employer Responsible For Non-Deposit: Delhi High Court

The Delhi High Court has held that the employee accepted salary after TDS deduction and the employer is responsible for non-deposit of TDS.The bench of Justice Rajiv Shakdher and Justice Girish Kathpalia has observed that the petitioner/employee, having accepted the salary after the deduction of income tax at source, had no further control over it in the sense that thereafter it was the duty...

Delhi High Court Orders Maximum Registration Of Construction Workers Under 1996 Law, Calls For Simpler Renewal Process

The Delhi High Court has directed the Member Secretary of the Building and other Construction Workers Welfare Board to take proactive steps to ensure that maximum number of construction workers in the national capital are registered under the Building and Other Construction Workers Act, 1996. A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora said that...