Delhi High Court
Delhi High Court Dismisses PIL Against CBIC Circulars Mandating Compulsory Disposal And Sale Of Seized Gold To RBI
The Delhi High Court has dismissed a public interest litigation challenging two circulars issued by the Central Board of Indirect Taxes and Customs (CBIC) mandating compulsory disposal and sale of all seized gold ornaments or jewellery to Reserve Bank of India (RBI) within three months from the date of seizure. A division bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna...
High Court Stays Directions On Delhi Govt To Constitute Committees To Implement Pay Commission Recommendations For Private School Staff
The Delhi High Court has stayed directions issued to the State Government by a single bench, which had directed the constitution of two High Powered Committees (HPCs) to supervise the implementation of recommendations prescribed in the 6th and 7th Central Pay Commissions (CPCs).These recommendations pertained to the payment of salaries and arrears to the staff of private unaided schools...
Negotiable Instruments Act | Arbitration Proceedings And Section 138 NI Act Proceedings Can Continue Simultaneously: Delhi High Court
The Delhi High Court on Thursday ruled that arbitration proceedings and proceedings under Section 138 of the Negotiable Instruments Act (“NI Act”) arise from separate causes of action and pendency of one does not affect the other. Dismissing the petition, which sought quashing of a complaint u/s 138, Justice Amit Bansal observed, “There is no merit in the contention of...
Arbitration | Decree Holder Cannot Seek An Unquantified Claim In Execution Proceedings: Delhi High Court
While dismissing a second execution petition filed in respect of “unsatisfied” claims in an Arbitral Award, the Delhi High Court has held that a court cannot go behind the Award in execution proceedings and enable decree holder to fill gaps in producing evidence. Considering that the cost statement in question was made subject to certification by the Arbitral Tribunal but no proof...
Delhi High Court Seeks Status Report From Authorities On Existing Deemed Forests, Action Taken On Depletion
The Delhi High Court today sought a status report from the Delhi Government and other civic authorities on "deemed forests" existing as on date in the national capital and the action taken on the depletion of such forests. Dealing with the plea concerning preservation of deemed forests in the city, moved by one Neeraj Sharma, Justice Jasmeet Singh also sought response from the authorities on...
Sukesh Chandrashekhar Extortion Case: Delhi High Court Grants Bail To 69-Yr-Old Accused In MCOCA, PMLA Cases
The Delhi High Court on Wednesday granted bail to one Avtar Singh Kocchar, a senior citizen aged about 69 years, accused in the cases registered under the Prevention of Money Laundering Act (PMLA) and Maharashtra Control of Organised Crime Act (MCOCA) in connection with the Rs. 200 crore extortion case involving alleged conman Sukesh Chandrasekhar. Justice Dinesh Kumar Sharma granted relief...
‘You Are Custodian, Not Owner’: Delhi High Court To Forest Dept Over Construction Of Trail Inside Central Ridge Without Permission
The Delhi High Court on Wednesday expressed displeasure with the Delhi Government’s forest department over construction of a 6 to 8 feet wide trail inside the Central Ridge in the national capital. Justice Jasmeet Singh said that the forest department is not the owner of the Central Ridge, which belongs to citizens of the country, and is only a custodian of the said property. “Why...
Ashneer Grover Apologises For ‘Defamatory’ Posts Against BharatPe, Delhi High Court Imposes ₹2 Lakhs Costs For Violating Orders
Former Managing Director of BharatPe, Ashneer Grover, yesterday tendered an apology before the Delhi High Court for posting allegedly defamatory posts against the fintech company on social media and also gave an undertaking not to post similar posts in the future.Justice Rekha Palli bound Grover to the undertaking filed by him by way of an affidavit, subject to payment of costs of Rs.2...
Delhi High Court Weekly Round-Up: November 20 To November 26, 2023
Citations 2023 LiveLaw (Del) 1142 to 2023 LiveLaw (Del) 1172NOMINAL INDEXFilo Edtech Inc v. Union of India & Anr. 2023 LiveLaw (Del) 1142Dr Reddys Laboratories Limited v. Smart Laboratories Pvt Ltd 2023 LiveLaw (Del) 1143Court on its own motion v. M/s Obssiobn Naaz & Ors. 2023 LiveLaw (Del) 1144PCIT Versus M/S Dart Infrabuild (P) Ltd. 2023 LiveLaw (Del) 1145COURT ON ITS OWN MOTION...
Arbitral Tribunal Has No Jurisdiction To Create Security Over A Property Which Has A Third Party Charge: Delhi High Court
The High Court of Delhi has held that the arbitral tribunal has no jurisdiction to create security on a property over which a charge is created in favour of a third party. The bench of Justice Yogesh Khanna modified an interim order of the arbitral tribunal passed under Section 17 of the A&C Act to the extent to which the order created security on the property on which a charge...
Delhi High Court Rejects PIL Against Mandatory Requirement Of CLAT-PG Score For Induction In Indian Army’s JAG
The Delhi High Court on Tuesday rejected a public interest litigation ("PIL") challenging the mandatory requirement of CLAT-PG 2023 score as an eligibility criteria for induction of law graduates in Indian Army’s Judge Advocate General ("JAG") branch.A Division Bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna said that it was not a fit case for a PIL and prescribing...
Trial Courts Should Not Issue Non-Bailable Warrants On First Call, Except In Cases Of Genuine Apprehension Of Absconding: Delhi High Court
The Delhi High Court has said that the trial courts in the national capital should not issue non-bailable warrants (NBWs) against an individual on first call in the pre-lunch hours, except when there are genuine apprehensions that such person would abscond if not taken into custody. “Such coercive steps should be taken only post 12:30 PM,” Justice Amit Bansal said. The court said that...