Delhi High Court
Farmers Must Be Given Full Opportunity To Oppose Any Monopoly Created By Registering Plant Varieties Under PPV Act: Delhi HC
The Delhi High Court has observed that the farmers are to be given full opportunity to oppose any monopoly which may be created by registering of plant varieties under the Protection of Plant Varieties and Farmers' Rights Act, 2001, as new plant varieties. Justice C Hari Shankar said that farmers' rights are a pre-eminent consideration that has to guide the approach of the court...
Principles Of Natural Justice Not 'Mantras' But Foundational Precepts Concerning Fairness Of Procedure: Delhi High Court
The Delhi High Court has observed that the principles of natural justice are not “mantras” but foundational precepts concerned with fairness of procedure and the right of a person to respond to the allegations made.“Ultimately, whether the asserted violation of some facet of natural justice has tainted the procedure adopted by the respondent is an issue of fact and which would...
Reduction Of Rate Of Interest Awarded By The Arbitral Tribunal Amounts To Modification Of The Award: Delhi High Court
The High Court of Delhi has held that the Court exercising powers under Section 34 of the A&C Act cannot reduce the rate of the interest awarded by the arbitral tribunal as the same amounts to modification of the arbitral award. The bench of Justices Yashwant Varma and Ravinder Dudeja held that the modulation of the terms of the award by reducing the rate of interest awarded by...
Court Cannot Admit An Application To Modify The Final Order Passed Under Section 34 Of The A&C Act: Delhi High Court
The High Court of Delhi has held that once a petition under Section 34 of the A&C Act has been disposed of by a final order, the Court cannot admit an application seeking to modify such an order. The bench of Justices Yashwant Varma and Ravinder Dudeja set aside an order of the Court wherein the Court had, upon the application of the respondent, modified its earlier...
Panel Of Four Arbitrators, All Ex-Employees Of One Party, Not Broad-Based: Delhi High Court
The High Court of Delhi has held that the composition of the panel, limited to a mere four arbitrators, all of whom are former employees of a single party, does not reflect a sufficiently broad-based representation. Justice Jyoti Singh's bench emphasized that when appointing an arbitral tribunal from a party-maintained panel, it must be not only numerically robust but also diverse....
Right Of A Party To Nominate 2/3rd Of The Arbitral Tribunal Violates Counter-Balancing: Delhi High Court Reiterates
The High Court of Delhi has held that an arbitration clause that confers on a party the right to nominate 2/3rd of arbitral tribunal violates the principles of 'counter-balancing' as sought to be achieved by the Supreme Court in the landmark judgment in Perkins. The bench of Justice Jyoti Singh held that a party cannot have the right to nominate the majority of the arbitral tribunal...
Delhi High Court Weekly Round-Up: November 27 To December 03, 2023
Citations 2023 LiveLaw (Del) 1173 to 2023 LiveLaw (Del) 1209NOMINAL INDEXMohit Kumar and Anr. v. Office of the Insurance Ombudsman and Ors. 2023 LiveLaw (Del) 1173 Filo Edtech Inc v. Union of India & Anr. 2023 LiveLaw (Del) 1174 Universal City Studios LLC. & Ors. v. Fztvseries.Mobi & Ors 2023 LiveLaw (Del) 1175 Ms SK Educations Pvt Ltd v. Sripathi Bhushan Srichandan & Anr....
Peaceful Protests Allowed Near Central Vista, Jantar Mantar But Subject To Guidelines Framed Under Standing Order: Delhi Govt To High Court
Justice Subramonium Prasad of the Delhi High Court recently allowed a petitioner’s plea for permission to carry out a dharna/protest at Jantar Mantar, in exercise of his fundamental right under Article 19(1)(b) of the Constitution of India. The petition was filed assailing the Additional Deputy Commissioner of Police’s rejection of the petitioner’s application to conduct a...
Can License Be Cancelled For BIS Standard Mark's Use 'Outside Scope' When Fresh License Standards Were Not Prescribed? Delhi HC To Consider
The Delhi High Court on Friday issued notice in a petition which raised the question as to whether a BIS Certification Marks License can be cancelled on the ground that licensee used the mark without conforming to the license's scope, even though fresh standards for the license had not been laid down. The petitioners/Zeng Hsing Industrial Company Limited had approached...
Delhi High Court Directs Govt To Consider Compensation Claim Of 2020 Delhi Riots Victim Who Suffered Permanent Incapacitation
Justice Subramonium Prasad of the Delhi High Court recently entertained a plea filed by a 2020 Delhi riots victim, seeking grant of Rs.3 lacs (after adjustment) under the “Delhi Government’s Assistance Scheme for the Help of Riot Victims”. The petitioner, stated to be a victim of the communal riots that took place in North-east Delhi in February, 2020, had filed...
'Purdahnashin' Muslim Woman Alleges Illegal Detention Inside Police Station, Delhi High Court Orders Preservation Of CCTV Footage
The Delhi High Court has ordered preservation of CCTV footage of cameras inside and around a police station in the city while dealing with a plea moved by a purdahnashin Muslim woman alleging that she was forcibly taken by the cops from her residence without her veil and was illegal detained in the police station. Justice Saurabh Banerjee also directed Delhi Police to preserve the CCTV footage...
Principle Of 'Forum Shopping' Does Not Apply To Proceedings For The Enforcement Of The Arbitration Awards: Delhi High Court
The High Court of Delhi has held that the policy concerns which militate against forum shopping in the context of substantive civil proceedings do not apply to enforcement proceedings, where the award holder is entitled to proceed against the assets of the award debtor in any and every jurisdiction in which such assets are located. The bench of Justice Prateek Jalan held that the...