Delhi High Court Stays All Construction Activities At Central Ridge Including At Monument 'Malcha Mahal'

In an interim order, the Delhi High Court on Monday said that there shall be no construction at the Central Ridge in the national capital, including the construction of 25 metres boundary wall, grill work and toilets for visitors at the monument Malcha Mahal. Justice Jasmeet Singh observed that while there is no doubt that construction of the monument is important, however, as of today, the...

Father’s Second Marriage After First Wife's Death Doesn't Per Se Disqualify Him From Being Child’s Natural Guardian: Delhi High Court

The Delhi High Court has observed that mere second marriage of the father, when he lost his first wife, cannot be held per-se a disqualification from his continuing to be a natural guardian of his child.A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna also observed that even the disparity in the financial status cannot be a relevant factor for denying the custody...

Delhi High Court Monthly Digest: August 2023 [Citations 642 - 784]

Citations 2023 LiveLaw (Del) 642 to 2023 LiveLaw (Del) 784NOMINAL INDEXJ. VINUTHA v. ALL INDIA INSTITUTE OF MEDICAL SCIENCES - AIIMS & ANR. 2023 LiveLaw (Del) 642 SpiceJet Limited vs Kal Airways Pvt Ltd & Ors. 2023 LiveLaw (Del) 643 MONK ESTATES PRIVATE LIMITED & ANR. v. GOVERNMENT OF NCT OF DELHI & ORS. 2023 LiveLaw (Del) 644 RAVINDER SINGH BHASIN v. KANWALJIT KAUR &...

Principles Of Natural Justice Not Violated When The Opportunity To Make Oral Submission Is Not Availed: Delhi High Court

The High Court of Delhi has held that the principles of natural justice are not violated when the opportunity to make oral submissions on an issue was granted but not availed by the party. It held that no party has the absolute right to insist on his convenience in every respect. The bench of Justices Suresh Kumar Kait and Neena Bansal Krishna held that an Arbitrator has a right...

Delhi High Court Weekly Round-Up: August 28 To September 03, 2023

Citations 2023 LiveLaw (Del) 757 to 2023 LiveLaw (Del) 784NOMINAL INDEXAseem Aggarwal v. Ashi Kumar 2023 LiveLaw (Del) 757ROYAL CHALLENGERS SPORTS PRIVATE LIMITED v. SUN PICTURES A DIVISION OF SUN TV NETWORK LTD.AND ANR. 2023 LiveLaw (Del) 758RS v. AS 2023 LiveLaw (Del) 759Ministry of Youth Affairs and Sports v. ERNST and YOUNG PVT LTD 2023 LiveLaw (Del) 760VARUN BHATIA v. STATE AND ANOTHER...

Section 21 Notice Is A Mandatory Pre-Requisite For Invoking Jurisdiction Under Section 21 Of The A&C Act: Delhi High Court Reiterates

The Delhi High Court has held that Section 21 notice is a mandatory pre-requisite for invoking jurisdiction of the under Section 21 of the A&C Act, The bench of Justice Jyoti Singh held that a petition under Section 11 of the Act can only be filed when the parties fail to appoint the arbitrator in terms of the procedure agreed upon by the parties and Section 21 is an important...

Periodically Monitor Status Of Uploading Central Acts, Other Legislations On India Code Portal: Delhi High Court To Law Ministry

The Delhi High Court has directed the Union Ministry of Law and Justice to periodically monitor the status of uploading Central Acts and subordinate legislations on “India Code” portal. “The Secretary, Legislative Department, Ministry of Law and Justice is directed to periodically monitor the status of uploading the Acts on the India Code portal and ensure that the process is...

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...