The Expression “Any” Member of Arbitral Tribunal Cannot Be Read As “All Members”: Delhi High Court

The Delhi High Court has ruled that the expression “any member” contained in a clause that lays down a mandatory qualification to be appointed as arbitrator, cannot be read as “all members” of the Arbitral Tribunal. The court said that the phrase “any member” must be interpreted in the context in which it is used.The bench of Justice Yashwant Varma was dealing with an...

Delhi High Court Monthly Digest - May 2023 [Citations 356 - 472]

Citations 2023 LiveLaw (Del) 356 to 2023 LiveLaw (Del) 472NOMINAL INDEXA v. PRINCIPAL SECRETARY HEALTH GNCTD 2023 LiveLaw (Del) 356Mohammed Akmam Uddin Ahmed & Ors. Versus Commissioner Appeals Customs And Central Excise 2023 LiveLaw (Del) 357BPI Sports LLC v. Saurabh Gulati & Anr. 2023 LiveLaw (Del) 358SMITA MAAN AND ANR. v. REGIONAL PASSPORT OFFICER 2023 LiveLaw (Del) 359KANKIPATI...

Delhi High Court Grants Bail To Malvinder Mohan Singh In Religare Finvest Scam Case

The Delhi High Court on Friday granted bail to Malvinder Mohan Singh, erstwhile promoter of Religare Enterprises Limited, in the alleged Religare Finvest scam case amounting to Rs.2397 crores.Justice Amit Sharma said that no possible prejudice can be caused to prosecution’s case before the trial Court if Singh is released on bail with necessary conditions, especially when other...

‘Performed Duties With Righteousness, Will Continue To Be Part Of Judiciary’: Justice Mukta Gupta Bids Farewell To Delhi High Court

Bidding farewell to the Delhi High Court on Friday, Justice Mukta Gupta, who retires on June 27, said that she has performed her duties as a judge on her own terms with righteousness and that she will continue to remain part of the judiciary through her judgments.“On demitting the office I can confidently say to the God in myself, that after having been appointed as a judge of this...

Third Party Funders In Arbitration Play A Vital Role In Ensuring Access To Justice; Arbitral Award Cannot Be Enforced Against Them: Delhi High Court

The Delhi High Court has ruled that a third-party funder, i.e., a non-signatory to arbitration agreement, who is not a party to the arbitral proceedings or the award, cannot be held liable for the awarded amount merely because it has funded a party in arbitral proceedings.The court dismissed the contention that third-party funders must be held liable for funding impecunious persons who...

Spicejet Should Pay Entire Arbitral Award Of Rs 380 Crore To Its Former Promotor Kalanithi Maran: Delhi High Court

The Delhi High Court has directed SpiceJet to pay the entire arbitral award of Rs. 380 crore to the airline’s former promotor, Kalanithi Maran, and his firm, Kal Airways Pvt. Ltd, in an execution petition filed by Maran seeking enforcement of a 2018 arbitral award passed in his favour.The court has also directed the airline to file an Affidavit of its assets within the specified time...

Liquor Policy: Delhi High Court Allows Manish Sisodia To Meet His Wife For One Day, Bars Him From Interacting With Media Or Using Phone

The Delhi High Court on Friday allowed Aam Aadmi Party leader and former Delhi Chief Minister Manish Sisodia to meet his wife for one day tomorrow and ordered that he shall not interact with media or use his mobile phone. Justice Dinesh Kumar Sharma passed the order in Sisodia's application seeking interim bail in the money laundering case concerning the implementation of previous liquor...

CCI’s Power Is To Regulate Markets, Not To Review Decisions Of Statutory Regulators: Delhi High Court

The Delhi High Court on Friday held that power of the Competition Commission of India is limited to regulating markets and does not extend to reviewing the decisions taken by statutory regulators in exercise of their statutory powers. Emphasizing that the power does not extend to “addressing any grievance” regarding arbitrary action by any statutory authority, Justice Vibhu Bakhru...

Show Cause Notice Lacks Reasons In Detail For Denial Of Refund Of ITC To Mcdonald’s India: Delhi High Court

The Delhi High Court has held that the show cause notice lacks reasons in detail for the denial of refund of Input Tax Credit (ITC) to Mcdonald's India.The bench of Justice Vibhu Bakhru and Justice Amit Mahajan found that there was no basis for the Appellate Authority to have concluded that the petitioner acts as a mediator between joint ventures or franchisees and McDonald’s USA. The...

Sharjeel Imam Moves Delhi High Court Against Criminal Proceedings Over Same Speech In Two Cases, Status Report Sought

The Delhi High Court on Friday issued notice on the plea moved by Sharjeel Imam challenging proceedings against him in two different cases for the same speech delivered at Jamia Millia Islamia University in December 2019. Justice Rajnish Bhatnagar sought response of the Delhi Police, which is represented by Special Public Prosecutor Amit Prasad, and listed the matter for hearing on...

Separatist Leader Nayeem Khan Moves Delhi High Court Against Attachment Of Hurriyat's Rajbagh Office In Srinagar

Separatist leader Nayeem Ahmad Khan has moved the Delhi High Court challenging the trial court order directing attachment of All Parties Hurriyat Conference’s (APHC) office in Srinagar earlier this year in a UAPA case against him.The matter will be heard on July 06 as the division bench of Justice Siddharth Mridul and Talwant Singh, before which the case was listed today, did not...

Merely Being Named In FIR On Matrimonial Offences Can’t Be Treated As Impediment For Public Appointment: Delhi High Court

Observing that merely naming in the FIR does not lead to an inference that the employer can keep in abeyance the employment of an applicant for an indefinite period, the Delhi High Court has directed the Delhi Police to appoint a candidate to the Sub Inspector post, whose employment was kept pending till the disposal of the FIR pending against him.The court also noted that he was placed in...