Delhi High Court
IRCTC Being A State Under A. 12 Is Bound By Its Affidavit Before Any Court Of Law, Cannot File A Contrary Affidavit To Defeat A Claim In Arbitration: Delhi High Court
The High Court of Delhi has held that IRCTC is a State under Article 12 of the Constitution of India and is bound by its affidavit before any court of law and it cannot file contrary affidavit before the arbitral tribunal to defeat a claim of the other party in arbitration. The bench of Justice Neena Bansal Krishna also held that an arbitration award cannot be challenged on the grounds of lack...
EPF Pension: Delhi High Court Restrains EPFO From Taking Coercive Steps On Basis Of Recovery Notices For Higher Pension
The Delhi High Court recently restrained the Employees’ Provident Fund Organisation (EPFO) from taking any coercive steps with respect to the notices issued to various pensioners by it for making recoveries of the differential amount on higher pension received by them from many years. Justice Rekha Palli passed the interim order in the pleas moved by four pensioners who, after...
Whether Suit For Possession Filed By In-Laws Against Daughter-In-Law Will Be Exclusively Tried By Family Court? Delhi HC's Larger Bench To Decide
The Delhi High Court has referred the issue of whether a suit for possession or injunction filed by the in-laws against the daughter-in-law concerning the suit property of which they are the exclusive owners, is required to be exclusively tried by the Family Court established under the Family Courts Act, 1984, to a larger bench.The single bench of Justice Navin Chawla made the larger...
Arbitration Clause In A Contract Perishes With Its Novation: Delhi High Court
The High Court of Delhi has held that an arbitration clause contained in an agreement would perish with its novation if the novated agreement does not contain any arbitration clause. The bench of Justice Prateek Jalan held that the view taken by the arbitral tribunal regarding the non-arbitrability of the dispute due to the novation of the agreement that contained the arbitration clause is...
Delhi High Court Restrains Dabur From Circulating WhatsApp Advertisement On ‘Amla Hair Oil’, Refuses Interim Injunction Against Print Ad
The Delhi High Court has recently restrained Indian multinational consumer goods company Dabur from circulating its WhatsApp advertisement on “Dabur Amla Hair Oil” featuring bollywood actor Deepika Padukone.Justice Navin Chawla passed the order in a suit filed by Marico Limited alleging disparagement of the goodwill and reputation of its product “Nihar Natural Shanti Badam Amla Hair...
Power To Grant Bail On Medical Grounds Under PMLA Discretionary, Must Be Exercised In Judicious Manner: Delhi High Court
The Delhi High Court on Monday observed that the power to grant bail on medical grounds under PMLA is discretionary in nature and must be exercised in a judicious manner after recording satisfaction that necessary circumstances exist warranting exercise of such a discretion.“The liberty of a person who is accused or convicted of an offence can be curtailed according to procedure established...
Delhi High Court Directs District Courts To Permit Lawyers Or Parties To Appear Virtually Without Prior Request
The Delhi High Court has directed all district courts in the national capital to permit any of the parties or their lawyers to appear through hybrid or video-conferencing mode during court proceedings, without any requirement of a prior request. As per a circular issued today, the full court of the High Court has issued various directions regarding the conduct of hybrid hearings in the...
Liquor Policy: Delhi High Court Denies Interim Bail To Manish Sisodia In Money Laundering Case
The Delhi High Court on Monday denied interim bail to Aam Aadmi Party leader and former Delhi Chief Minister Manish Sisodia in the money laundering case related to the implementation of previous liquor policy in national capital.Sisodia had sought interim bail for a period of six weeks in view of the poor health condition of his wife. Justice Dinesh Kumar Sharma had reserved the order on...
Delhi High Court Orders Shifting Of 14-Yr-Old To Children's Home For Safe Delivery After Refusal To Undergo Medical Termination Of Pregnancy
The Delhi High Court has recently ordered shifting of a 14-year-old pregnant minor to a children's home for girls for safe delivery of the child after she and her guardian brother refused to agree to medical termination of her pregnancy. Justice Anup Jairam Bhambhani was hearing a plea moved by the minor through her 22-year-old brother seeking medical termination of her 28 weeks old...
Extension Of Period Of Agreement By Written Communications, No Novation, The Arbitration Clause Continues To Be Operative: Delhi High Court
The High Court of Delhi has held that if the parties have, by written communications, extended the period of agreement, the arbitration clause that was a part of the agreement continues to be operative.The bench of Justices Vibhu Bakhru and Amit Mahajan has distinguished between the situations wherein an arbitration clause expires with the novation of the main agreement and when the...
A Consent Foreign Award Is Enforceable Under The New York Convention: Delhi High Court
The High Court of Delhi has held that a consent foreign award is enforceable under the New York Convention/Part II of the A&C Act, 1996. The bench of Justice Yashwant Varma held rejected the argument that consent arbitration award do not fall within the rubric of New York Convention. The Court rejected the argument that an award to be recognized under the Convention must be one based...
‘Partial Reduction In Traffic’ Due To Remote Event Of Flood Is Not A Force Majeure Event, Delhi High Court Sets Aside The Award Against NHAI
The Delhi High Court has held that ‘partial reduction in traffic’ due to a remote event of flood is not a force majeure event. The bench of Justice Manoj Kumar Ohri held that force majeure event contemplates a complete blockade of the road due to the floods and not mere reduction of the traffic on a particular road. The Court set aside an arbitration award passed against NHAI on the...