Delhi High Court
Court Won’t Insist For Bank Guarantee If Enforcement Of Award Is Not Frustrated In Section 9 Petition: Delhi High Court
The High Court of Delhi has held that the Court exercising powers under Section 9 of the A&C Act would not order furnishing of Bank Guarantee (BG) to secure the claims of a party pending the arbitration proceedings, unless it shown that the order party is alienating its assets or acting in a manner that would frustrate the enforcement of the Arbitral Award.The bench of Justices Vibhu...
Wrongful Application Of Foreign Contribution By Trust Not In Accordance With Trust’s Objective: Delhi High Court Upholds Reassessment
The Delhi High Court has upheld the reassessment proceedings against a trust for wrongful application of foreign contribution, which was against the objective of the trust.The bench of Chief Justice Satish Chandra Sharma and Justice Tushar Rao Gedela has observed that the AO based its opinion on tangible and concrete information in the form of the petitioner’s trust deed and the statement...
Delhi High Court Rejects Interim Plea To Reopen Roshanara Club Sealed By DDA
The Delhi High Court has rejected an application seeking opening of city’s 100-year-old Roshanara Club, which was sealed and locked by the Delhi Development Authority (DDA) in September. A division bench of then Chief Justice Satish Chandra Sharma (now elevated to the Supreme Court) and Justice Tushar Rao Gedela dismissed the interim application filed in the petition moved by a member of...
Need Time To Develop Policy For Fresh Passports To Individuals Undergoing Sex Change Abroad: MEA To Delhi High Court
The Ministry of External Affairs has told the Delhi High Court that it needs time to thoroughly examine the suggestion of developing a new policy on issuance of new passport to those who undergo medical procedures for sex change abroad in order to verify their identities as the biometrics do not change after such surgeries.The court has been informed that the Bureau of Immigration (BOI)...
Govt Can Only ‘Monitor’ MRP Of Non-Scheduled Formulations Under Drugs (Price Control) Order, Not Fix Or Revise It: Delhi High Court
A Division Bench of the Delhi High Court recently held that the government only has power to “monitor” the maximum retail price (MRP) of non-scheduled formulations, and not to fix or revise it. It was added that in case there is an increase in the MRP beyond this limit, the consequences are prescribed in Para 20 itself.The judgment came to be passed in a batch of LPAs filed by...
Interpretation Of Contract Primarily A Matter For Arbitrator To Determine, Scope Of Section 34 Arbitration Act Limited: Delhi High Court
A Division Bench of the Delhi High Court recently allowed restoration of an arbitral award, noting that it was not within the scope of the Single Judge u/s 34 of A&C Act to re-interpret the contract between the parties and substitute the finding of the Arbitrator’s despite it being plausible and well-reasoned.The court referred to Ssangyong Engineering and Construction Co. Ltd. v. NHAI...
Interested Party Cannot Appoint Arbitrator Unilaterally, Award Passed By An Ineligible Arbitrator A Nullity: Delhi High Court
A Division Bench of the Delhi High Court has reiterated that a party interested in the dispute cannot unilaterally appoint an Arbitrator, and if any Award is passed as a result of such unilateral appointment, the same would be a nullity.The Bench, comprising Justices Sanjeev Sachdeva and Manoj Jain, noted that the respondents’ nomination of the Arbitrator was without reference to the court...
No Separate Application Under Section 8 Of The A&C Act Is Required When The Objection Is Duly Raised In The Written Submissions: Delhi High Court
The High Court of Delhi has held that once a party has duly taken objection to the jurisdiction of the Court to entertain the suit due to the presence of the arbitration clause between the parties in its written statement, it would be sufficient compliance of Section 8 of the A&C Act and there is no need for a separate application. The bench of Justice C. Hari Shankar held that...
Before Issuing Summons U/S 138 NI Act, Only Prima Facie View On Presence Of Basic Ingredients Of The Offence Necessary: Delhi High Court
Justice Amit Bansal of the Delhi High Court recently upheld summoning orders passed in a complaint case u/s 138 Negotiable Instruments Act, observing that evidence need not be gone into by the MM while conducting inquiry u/s 202 Cr.P.C. read with Section 145 of NI Act.“At the stage of issuance of summons, for the purpose of Section 202 of the CrPC read with section 145 of the NI Act,...
Section 8 Of A&C Objection Taken In Application For Grant Of Leave To Defend The Suit Cannot Be Considered Belated: Delhi High Court
The High Court of Delhi has held that an objection regarding non-maintainability of the suit due to the presence of the arbitration agreement cannot be considered to be raised belatedly in terms of Section 8 of the A&C Act when it was taken in the application under Order XXXVII Rule 3(5) for grant of leave to defend the suit. The bench of Justice C. Hari Shankar held that in terms...
Continuing To Contest The Suit Does Not Waive The Right To Arbitration When A Section 8 Objection Was Raised In Written Submissions And Arguments: Delhi High Court.
The High Court of Delhi has held that a party cannot be deemed to have waived off its right to arbitration merely because it continued to contest the suit when it had specifically raised objection to the maintainability of the suit due to the presence of the arbitration agreement. The bench of Justice C. Hari Shankar held that when a party takes a specific objection predicated...
Delhi High Court Weekly Round-Up: November 6 To November 12, 2023
Citations 2023 LiveLaw (Del) 1063 to 2023 LiveLaw (Del) 1114NOMINAL INDEXMINOR L THR GUARDIAN J v. STATE & ANR. 2023 LiveLaw (Del) 1063Commissioner of Customs Versus ICS Cargo 2023 LiveLaw (Del) 1064HARI SINGH v. STATE OF NCT OF DELHI & ORS. 2023 LiveLaw (Del) 1065SMC Comtrade Ltd. Versus ACIT 2023 LiveLaw (Del) 1066NATIONAL INSURANCE CO. LTD. v. RAVI PRAKASH MISHRA & ANR....