Delhi High Court
When There Are Two Interconnected Agreements With Conflicting Arbitration Clauses, The Clause Contained In The Main Agreement Should Be Given Primacy: Delhi High Court
The Delhi High Court has held that when there are two interconnected agreements with conflicting arbitration clauses, the arbitration clause contained in the main/umbrella agreement should be given primacy over the other clause. The bench of Justice Jyoti Singh held that when disputes under two connected agreements had different Arbitration Clauses, the disputes should be resolved...
Section 42 Bars Petitions In Different Courts, Fraud Or Collusion Allegations Can Only Be Examined By The First Court: Delhi HC
The Delhi High Court has decided that if a petition under Section 9 is submitted to any court other than the one where the initial application was made, Section 42 of the A&C Act will prevent it. This section grants exclusive jurisdiction to the first court for arbitration-related cases. First court is basically the court where an arbitration petition is filed at the first instance....
Not Safe To Prosecute Accused For Abetment Of Suicide When Deceased Was Hyper-Sensitive: Delhi High Court
The Delhi High Court has observed that it will not be safe to prosecute an accused for the offence of abetment of suicide when the deceased was “hyper-sensitive.”Justice Sudhir Kumar Jain observed that in order to constitute the offence of abetment of suicide under Section 306 of the Indian Penal Code, 1860, there should be abetment and intention of the accused to aid or instigate or abet...
Making False Allegations Of Dowry Harassment Or Rape Against Husband’s Family Members Is An Act Of Extremely Cruelty: Delhi High Court
The Delhi High Court has observed that making false allegations of dowry harassment or rape against the husband’s family members is an act of extreme cruelty for which there can be no condonation. A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna upheld a family court order which held a husband as entitled to divorce from his wife on the ground of cruelty...
AIBE Can Be Easily Conducted In Multiple Languages, CLAT Involves More Complex Issues In Translation: Consortium Of NLUs To Delhi High Court
The Consortium of National Law Universities has told the Delhi High Court that while AIBE can be easily translated and conducted in multiple languages, CLAT examination involves much more issues in translation. Stating that there are fundamental differences between the two examinations, the Consortium has said that introduction of an “altogether new format” for CLAT 2024, which is...
'No Conscious Possession': Delhi High Court Quashes FIR Against UP Resident Found Carrying Live Cartridge At Delhi Airport In 2016, Imposes Cost
Observing that records reveal that he was not in 'conscious possession', the Delhi High Court has quashed the FIR filed against an Uttar Pradesh resident who was caught at the IGI airport with one live cartridge in his check-in baggage in 2016.The bench of Justice Saurabh Banarjee observed, "In the present matter, only a single live cartridge was recovered from the petitioner, and the...
Delhi High Court Issues Notice On Jamia Alumni's Plea Against NOC For Sale Of Land To Private Party
The Delhi High Court has issued notice on a plea moved by an alumni of Jamia Millia Islamia against the decision to grant no-objection certificate for sale of a land, over which the varsity has peremptory rights, to a third party namely Zakia Zaheer. Justice Subramonium Prasad sought response of the varsity, Union Government, University Grants Commission, Zaheer and three professors being...
Trademark Infringement | Except In "Most Exceptional Cases", No Ex-Parte Injunction If Defendant Has Been In Market For Some Time: Delhi High Court
The Delhi High Court has ruled that in cases where the impugned mark has been used by the defendant for any length of time, the courts must give an opportunity to the defendant to respond to the application for interim injunction filed in a trademark infringement suit before passing any orders. “Where the impugned mark has been used by the defendant for any length of time, that sole...
Sufficient Safeguards In Place: Delhi High Court Dismisses PIL Against Procedure Adopted For First Level Check Of EVMs For General Elections
The Delhi High Court has dismissed a PIL against the procedure adopted by the Chief Electoral Officer during the First-Level Checking (FLC) of EVMs and VVPATs to be used in the upcoming Lok Sabha polls in 2024.The PIL was filed by the President of Delhi Pradesh Congress Committee through Advocates Aljo K. Joseph and Sunil Kumar alleging that sufficient notice was not given to political...
Delhi High Court Directs Registrar To Seek Explanation From Trial Court Judge For Passing Non-Reasoned Order Granting Bail To POCSO Accused
The Delhi High Court has directed its Registrar (Vigilance) to seek an explanation from a trial court judge for passing a “non-reasoned” order granting bail to a POCSO accused. “The Registrar (Vigilance) of this Court is directed to seek explanation on the administrative side from the concerned Judge, as to the reasons for passing the non-reasoned impugned order, report whereof shall...
Delhi High Court Directs Nine YouTube Channels To Take Down ‘Defamatory And Disparaging’ Videos Against MBA Chai Wala
The Delhi High Court has directed nine YouTube channels to take down certain “defamatory and disparaging videos” against cafe chain MBA Chai Wala and its founder Praful Billore.Justice Prathiba M Singh viewed one of the videos and noted that expressions like “MBA Fraud Wala” and various other derogatory expressions were used by the YouTube channels. “In the opinion of the Court,...
Delhi High Court Directs Omar Abdullah To Pay Maintenance Of ₹1.5 Lakhs Per Month To Estranged Wife Payal
The Delhi High Court on Thursday directed former Jammu and Kashmir Chief Minister Omar Abdullah to pay interim maintenance of Rs. 1,50,000 per month to his estranged wife Payal Abdullah. Justice Subramonium Prasad increased the amount of interim maintenance from Rs. 75,000 which was directed by the family court in April 2018. The court did so in light of Omar Abdullah’s financial capacity...