Designation Of Venue Would Override A Generic ‘Exclusive Jurisdiction’ Clause: Delhi High Court

The Delhi High Court has held that a venue where the arbitral proceedings were anchored is essentially the ‘seat of arbitration’ and it would override a generic exclusive jurisdiction clause. It held that a generic exclusive jurisdiction clause is not a contrary indicia that prevents the venue from becoming the seat of arbitration. The bench of Justice Sachin Datta held that for...

Borrowers Should Avail Statutory Remedies Under SARFAESI Act Before Invoking Article 226 Against Recovery Proceedings: Delhi High Court

The Delhi High Court recently observed that the SARFAESI Act provides statutory remedies for borrowers, including the right to appeal, and that the court should not interfere in recovery proceedings unless there is a clear violation of law.Justice Purushaindra Kumar Kaurav reiterated that the borrower will have to wait till measures under Section 13(4) of the SARFAESI Act for taking possession...

Ensure Strict Compliance Of Provisions Dealing With Pre Or Post Grant Oppositions To Patent: Delhi High Court To Controller General

The Delhi High Court has requested the Controller General Of Patents, Designs and Trade Marks to ensure strict compliance of the provisions dealing with pre or post grant oppositions to a patent under the Patents Rules, 2003. “…Controller General is requested to ensure that, hereafter, there is strict compliance with the provisions of the Patents Rules, particularly Rule 57, read with...

Delhi High Court Launches Accessibility Cause List For Visually Impaired, Digital Platform For Sharing Trial Court Record

The Delhi High Court today launched a “digital platform for sharing trial court record” and its “web accessibility complaint cause list” for visually impaired lawyers, litigants and public at large by using accessibility text to speech software.The projects were inaugurated by Chief Justice Satish Chandra Sharma and Justice Rajiv Shakdher, Chairman of the Information ...

Delhi High Court Directs Adjudicating Authority To Process Blackberry’s Claim Of Interest Under Section 11BB Of The Excise Act

The Delhi High Court has directed the adjudicating authority to process Blackberry’s claim of interest under Section 11BB of the Excise Act.The bench of Justice Vibhu Bakhru and Justice Amit Mahajan has observed that there is no cavill that the petitioner would be entitled to interest in terms of Section 11BB of the Excise Act from the date immediately after the expiry of three months from...

‘Rip Van Slumber Extended To More Than 27 Yrs’: Delhi HC Refuses To Condone Delay In Filing Appeal Against Acquittal In 1984 Anti-Sikh Riots Case

Invoking the famous American short story “Rip Van Winkle”, the Delhi High Court has refused to condone the delay of more than 27 years in filing of an appeal by the prosecution against the acquittal of various accused persons way back in 1995 in relation to the 1984 Anti-Sikh riots case. “In the present case, Rip Van Winklian Slumber has extended to more than 27 years and there is...

Not Permissible To Dilute Time Schedule Of Medical Courses Under Article 226 In Absence Of Any Justifiable Reason: Delhi High Court

The Delhi High Court has observed that no dilution of the time schedule with respect to medical courses, which is mandatory and binding on all, is permissible in exercise of writ jurisdiction under Article 226 of the Constitution of India in absence of any justifiable reason.“Undoubtedly, medical education requires facilities and infrastructure of the highest standard as also the adherence...

Delhi HC Quashes Summons Issued To H&M Over Alleged Violation Of 2011 Legal Metrology Rules

Recently, the High Court of Delhi, New Delhi bench led by Justice Amit Bansal quashed a summoning order against H&M Pvt. Ltd., situated at Select City Walk Mall, Saket for violating Section 13(3)(b) of the Legal Metrology (Packaged Commodities) Rules, 2011 [“2011 Rules”]. H&M Pvt. Ltd. is a multinational clothing company based in Sweden that focuses on fast-fashion clothing....

[POCSO Act] Mere Absence Of Injuries On Victim’s Private Parts No Ground To Hold That Penetrative Sexual Assault Did Not Take Place: Delhi High Court

The Delhi High Court has observed that mere absence of injuries on victim’s private parts cannot be a ground to hold that penetrative sexual assault under the POCSO Act did not take place.Justice Amit Bansal made the observation while upholding the conviction of a man for committing rape of a four and a half years old girl in June 2017. The court observed that the man, who was the...

Plea In High Court Challenges Delhi University’s Decision To Offer Admission In Five Year Integrated Law Courses Solely Based On CLAT 2023 Result

A public interest litigation has been moved in the Delhi High Court challenging Delhi University’s decision to offer admission in its newly introduced five-year integrated law courses solely on the basis of CLAT-UG 2023 result. The matter was heard today by a division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula who granted time to the varsity’s counsel to...

Delhi High Court Stays Income Tax Reassessment Proceedings Initiated Against Oxfam India

The Delhi High Court has stayed the income tax reassessment proceedings initiated against Oxfam India."A counter-affidavit will be filed within the next six (6) weeks. Rejoinder thereto, if any, will be filed at least five days before the next date of hearing. In the meantime, there shall be a stay on the continuation of the reassessment proceeding till further directions of the court," the...

Delhi High Court Weekly Round-Up: August 07 To August 13, 2023

Citations 2023 LiveLaw (Del) 656 to 2023 LiveLaw (Del) 681NOMINAL INDEXBharatiya Pratiraksha Mazdoor Sangh vs Union of India 2023 LiveLaw (Del) 656 NATIONAL PROJECTS CONSTRUCTIONS CORPORATION LTD v. M/S INTERSTATE CONSTRUCTION 2023 LiveLaw (Del) 657 VIVEK KUMAR & ORS. v. STATE & ANR. 2023 LiveLaw (Del) 658 FOODLINK F AND B HOLDINGS INDIA PRIVATE LIMITED v. WOW MOMO FOODS...