Delhi High Court
Arbitrator Failed To Consider Document Based On Procedural Defects, Delhi High Court Sets Aside Award
The High Court of Delhi has held that an arbitrator should not refuse to take on record any additional material evidence merely on the ground of certain procedural ground such as non-payment of costs by the party tendering such evidence. The bench of Justice Neena Bansal Krishna held that failure of the arbitrator to take on record important additional evidence merely on...
Provisions Of Uttar Pradesh Regulation Of Cold Storages Act, 1976 Do Not Exclude The Remedy Of Arbitration: Delhi High Court
The Delhi High Court has held that the provisions of Uttar Pradesh Regulation of Cold Storages Act, 1976 does not exclude the remedy of arbitration. The bench of Justice Neena Bansal Krishna held that the bar to arbitration or civil jurisdiction by necessary implication would apply only when the alternative remedy is a Complete Code in itself or provides a special statutory...
Govt Bungalow Row: Delhi High Court Reserves Judgment In AAP MP Raghav Chadha’s Plea
The Delhi High Court on Thursday reserved judgment in the plea moved by Aam Aadmi Party MP Raghav Chadha challenging the trial court order which granted nod and paved way for the Rajya Sabha Secretariat to evict him from a government bungalow.Justice Anup Jairam Bhambhani reserved the order after hearing Senior Advocate Abhishek Manu Singhvi appearing for Chadha and ASG Vikram Banerjee for...
Final Purchase Order Not Issued, Still Contractor Entitled For Cost Of Preparatory Work Done : Delhi High Court
The Delhi High Court has held that A party is liable to be compensated for the costs of preparatory work carried out at the instance of the employer even when the final purchase order is not issued in its favour. The bench of Justice Sachin Datta upheld an arbitral award wherein the arbitral tribunal had awarded compensation to a party on the ground that it had carried out...
No Fresh Adjudication Can Take Place For Any Claim That Was Made Part Of Resolution Plan: Delhi HC
The Delhi High Court has held that once a resolution plan is approved by the CoC and the adjudicating authority, it results in the extinguishment of all the existing claims that any party may have against the corporate debtor and no fresh adjudication can take place for any claim that was made part of the resolution plan. The bench of Justice Yashwant Varma held that IBC does...
Absence Of A Contract Would Not Deprive The Party From A Reasonable Remuneration For The Work Performed: Delhi High Court
The Delhi High Court has held that absence of a contract would not deprive the contractor from a reasonable remuneration for the work performed. The bench of Justice Sachin Datta held that the principle of quantum meruit is enshrined under Section 70 of the Indian Contract Act which demands that a party which has done work and incurred expenses at the instance of another party must...
Delhi High Court Allows Deduction To Hyatt Regency Towards Repair, Renovation, Refurbishment, Consultancy Expenses As Revenue Expenditure
The Delhi High Court has allowed the income tax deduction to Hyatt Regency towards repair, renovation, refurbishment, and consultancy expenses as revenue expenditure.The bench of Justice Rajiv Shakdher and Justice Tara Vitasta Ganju has observed that ITAT rightly mentioned that if the owner of a building that is used for business incurs expenditure in the nature of current repairs and...
Claims Settled Under Resolution Plan Becomes Non-Arbitrable, Reference Of Those Claims Would Amount To Reopening Of The Resolution Plan: Delhi High Court
The Delhi High Court has held that any claim that has been settled under the resolution plan, even though at a nominal value of Rs. 1 only, would become non-arbitrable once the resolution plan is approved by CoC and affirmed by the adjudicating authority under the IBC. The bench of Justice Yashwant Varma held that the doctrine of clean slate demands that the successful...
Batla House Encounter: Delhi High Court Refuses To Confirm Death Penalty Awarded To Ariz Khan, Upholds Conviction
The Delhi High Court on Thursday refused to confirm the death penalty awarded to Ariz Khan, who was convicted by a trial court in the 2008 Batla house encounter case in which Delhi Police’s inspector Mohan Chand Sharma was killed.division bench of Justice Siddharth Mridul and Justice Amit Sharma however upheld the trial court order convicting Khan in the case and commuted the sentence of...
Policy Mandating License To Work As Photographers In ASI Protected Monuments Is In Larger Public Interest: Delhi High Court
The Delhi High Court has said that the policy mandating obtaining of licence to work as photographers in Archaeological Survey of India (ASI) protected monuments has been notified “in larger public interest” to regulate the quality and conduct of photographers for the benefit of visitors and tourist.A division bench of Justice Manmohan and Justice Mini Pushkarna upheld the Clause 2.7...
Wife’s Claim For Separate Residence Under ‘Justified Circumstances’ Not Cruelty: Delhi High Court
The Delhi High Court has observed that a wife’s claim for separate residence under “justified circumstances” cannot be term as an act of cruelty to the husband. “There may be myriad situations such as differences with the in-laws, her own work commitments or difference of opinion which may make her demand for separate accommodation justified for survival of the marriage. Where there...
Not Peevish About Being Called Names But Won’t Tolerate Obstruction Of Judicial Functioning: Delhi High Court In Contempt Case
The Delhi High Court on Wednesday said that “it is not peevish about being called names” but will not tolerate something which obstructs functioning of the court or the judicial system.The division bench of Justice Siddharth Mridul and Justice Anish Dayal was hearing a suo motu criminal contempt case initiated by the court in 2018. The case relates to certain tweets made in 2018...