Delhi High Court
Dishonor Of Cheque Given As Security Attracts Section 138 NI Act, Cases of 'Account Closed' And 'Payment Stopped' Also Covered: Delhi HC
The Delhi High Court recently observed that dishonor of a cheque given as security attracts Section 138 of the Negotiable Instruments Act (“NI Act”) and cases where cheques are dishonored for reasons “payment stopped” or “account closed” also fall within the ambit of the provision. The observations were made by Justice Rajnish Bhatnagar while hearing the plea of one...
Delhi HC Expresses Concern About People's Safety During Proposed 'Walkathon' Inside Asola Bhati Wildlife Sanctuary
The Delhi High Court on Tuesday expressed concern about the safety of the people during a “Walkathon” event proposed to be held inside the city's Asola Bhati Wildlife Sanctuary amid the presence of leopards there. Justice Jasmeet Singh asked the city forest department as to how it could expose people to such a risk by organizing the event inside the wildlife sanctuary when the department...
Delhi High Court Orders To Increase Income Threshold For EWS Admissions In Schools From Rs. 1 Lakh To Rs. 5 Lakh Till Amendment
The Delhi High Court on Tuesday ordered that the existing income threshold of Rs. 1 lakh per annum, for admissions under Economically Weaker Section (EWS) category in schools in the city, be increased to Rs. 5 lakhs, till an amendment is made by Delhi Government in the 2011 reservation scheme. Justice Purushaindra Kumar Kaurav directed the Delhi Government to take a decision as expeditiously...
Delhi High Court Allows Death Claim Filed By Building Worker's Widow, Says Board Secretary Can Condone Delay In Annual Contribution Payment
The Delhi High Court has allowed a plea for death benefits and funeral claims filed by a building worker's widow, observing that Delhi Building and Other Construction Workers Act, 1996 (“Act”) is a beneficial legislation aimed at benefit of construction workers who do not have any form of security. “…this Court finds it fit case to exercise its jurisdiction under Article 226...
Delhi HC Imposes Rs. 10K Costs On Litigant For Filing Petition Alleging Unauthorized Construction With Incorrect Description Of Property
The Delhi High Court recently imposed costs of Rs. 10,000 on a litigant for filing a petition alleging unauthorized construction with incorrect description of the property. Justice Prateek Jalan observed that due care must be taken while filing a writ petition to ensure that the details incorporated in it are correct. “In the present case, the identification of the property is fundamental to...
MBBS Seats At AIIMS Not For Sale, Securing Them Through Unlawful Means Opposed To Public Policy: Delhi High Court
The Delhi High Court has observed that the seats in MBBS course at All India Institute of Medical Sciences (AIIMS) are not for sale and securing them through unlawful means is immoral and opposed to public policy.Justice Jasmeet Singh upheld a trial court order dismissing the suit filed by a mother seeking recovery of Rs. 30 lakhs given to an individual to secure admission of her daughter...
Delhi HC Rules In Favor Of Castrol In Trademark Infringement Suit, Says Compromise In Product Quality Can Adversely Affect Customers
The Delhi High Court has awarded costs of Rs. 1 lakh in favor of Castrol India Limited in a trademark infringement suit filed by it against manufacturing of identical products by the defendant-entity using its registered trademarks.Justice Prathiba M Singh observed that the defendants were engaged in manufacturing and sale of counterfeit products using Castrol's trademarks and decreed the suit...
Crucial To Distinguish Between Citizens' Legitimate Expectations And Unreasonable Demands From State: Delhi High Court
The Delhi High Court recently observed that it is crucial to distinguish between legitimate or reasonable expectations and illegitimate or unreasonable demands made by citizens from the State.“…undoubtedly the citizens' expectation of protection of their life and liberty by the State is a fundamental aspect of governance in any society. Citizens look to their government to provide...
Arbitral Tribunal Can’t Allow Application U/S 27 Of A&C Act Without Forming A Prima Facie View On The Relevancy Or Admissibility Of The Evidence: Delhi High Court
In a recent ruling, the Delhi High Court emphasized that when an arbitral tribunal is presented with a party's application under Section 27 of the Arbitration and Conciliation Act (A&C Act), seeking permission to seek the court's assistance in obtaining evidence, it is imperative for the tribunal to form a prima facie view on the relevance and admissibility of the...
Court Exercising Powers Under Section 27 Of The A&C Act Cannot Examine The Admissibility Or Relevancy Of The Evidence: Delhi High Court
The High Court of Delhi has held that the Court exercising powers under Section 27 of the A&C Act cannot form an opinion on the relevancy or the admissibility of the evidence for which the assistance of the Court is sought. The bench of Justice Sachin Datta held that the role of Court under Section 27 of the A&C Act is not adjudicatory, therefore, the Court would not examine...
Delhi High Court Extends The Arbitration Period Despite Significant Delays, Considering The Advanced Stage Of Proceedings.
The High Court of Delhi has extended the time period for the completion of arbitral proceedings, despite observing that there was inordinate delay in the completion of arbitral proceedings, on the ground that the proceedings, though protracted, has reached advance stage. The bench of Sachin Datta while dealing with an application under Section 29A(4) of the A&C Act,...
Assessee Being A Debt Free Company, No Need To Impute Notional Interest On Outstanding Receivables: Delhi High Court
The Delhi High Court has held that the assessee was a debt-free company and there was no need to impute notional interest on outstanding receivables.The bench of Justice Rajiv Shakdher and Justice Girish Kathpalia has observed that there has to be a proper inquiry by the Transfer Pricing Officer by analyzing the statistics over a period of time to discern a pattern that would indicate...