Delhi High Court
Delhi High Court Imposes ₹1 Lakh Cost On Woman Alleging Unauthorized Construction, Says No Leeway For Blackmail
The Delhi High Court has imposed a costs of Rs. 1 lakh on a woman for misusing the judicial process and suppression of material facts in her petition alleging unauthorized construction at a property located in city's Karol Bagh area. Justice Mini Pushkarna said that the woman failed to disclose in the suit that a civil suit was filed before the trial court on the same cause of action and that...
Delhi High Court Ends 25-Year Mars v. Cadbury Trademark Dispute, Orders Them To Distribute Sweet To Schoolchildren On Diwali
The Delhi High Court has ended the 25 year long battle between Mars and Cadbury over infringement of “Celebrations” trademark, followed by mutual settlement between the two confectionery companies. Bringing a sweet truce to the issue, Justice Sanjeev Narula directed both the companies to distribute sealed units of their respective confectionery assortments like chocolates, cookies etc...
Proceedings Can Be Terminated U/S 32(2)(C) Of A&C Act When Underlying Contract Is Unenforceable: Delhi High Court
The Delhi High Court upheld an arbitral award terminating proceedings under section 32(2)(c) of the Arbitration and Conciliation Act, 1996 (Arbitration Act) on the ground that an agreement to sell (ATS) between the parties was unforceable for being unregistered and unstamped under Uttar Pradesh law. Justice Amit Bansal held that an agreement concerning transfer of sub-leasedhold rights...
Terminating Arbitrator's Mandate Over Mere Allegations Of Corruption Would Set Dangerous Precedent: Delhi High Court
The Delhi High Court held that mere allegations of corruption or pendency of an unverified complaint against an arbitrator cannot justify termination of arbitrator's mandate under section 14 of the Arbitration and Conciliation Act, 1996 (Arbitration Act). Justice Jyoti Singh held that “mandate of an Arbitrator cannot be terminated solely on the basis of unsubstantiated allegations...
Delhi High Court Grants Interim Injunction To 'WOW MOMO' In Trademark Infringement Suit Against 'WOW BURGER'
The Delhi High Court has granted interim injunction in favour of “WOW MOMO”, an Indian quick-service restaurant chain, in its trademark infringement suit filed against a Hong Kong-based company “WOW BURGER.”A division bench comprising Justice C Hari Shankar and Justice Om Prakash Shukla overturned a single judge ruling of September 12 declining interim injunction to Wow Momo. The...
Externment Order Can't Curtail Liberty Or Livelihood On Unsubstantiated Grounds: Delhi High Court
The Delhi High Court has observed that an externment order cannot be used to deprive an individual of his or her liberty and right to livelihood, on the grounds which are totally unsubstantiated.Justice Neena Bansal Krishna said that Externment Order is not a judicial adjudication of an offence committed by an individual, but it lies in the realm of law and order in the context of escalation...
Clause In Insurance Policy Shortening Limitation Period Is Void U/S 28 Contract Act: Delhi High Court
The Delhi High Court restored an arbitral award in favor of M/s H.P. Spinning Mills Pvt. Ltd.(Appellant) which was set aside 16 years ago holding that clause of the insurance policy which required claims to be made within 12 months from the date of loss was void and unforceable under section 28 of the Indian Contract Act. The court held that the Single Judge erred in relying on...
CA-Certified Audited Statements Are Valid Proof Of Actual Expenditure: Delhi High Court Partly Upholds Arbitral Award Against NHAI
The Delhi High Court dismissed a petition under section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) filed by National Highways Authority of India (NHAI) against an arbitral award passed in favor of Hindustan Construction Company Ltd. (HCC). The court further held that the arbitrator's award of compensation for expenses incurred during extended time...
Magistrate Order Summoning Accused Despite Cancellation Report Can Be Challenged In Revisional Jurisdiction: Delhi High Court
The Delhi High Court has ruled that an order passed by a Magistrate issuing process or summoning an accused, despite a cancellation report filed by the police, can be challenged in revisional jurisdiction before the sessions court or the High Court.“Thus, it can be concluded that an order of a Magistrate issuing process or summoning an accused under Sections 200 to 204 Cr.P.C. does not...
Delhi High Court Acquits Man In POCSO Case, Says Alleging 'Physical Relations' Without Evidence Doesn't Establish Rape
While acquitting a man in a POCSO case, the Delhi High Court has ruled that mere use of the term “physical relations” without supporting evidence is insufficient to establish rape or aggravated penetrative sexual assault. Justice Manoj Kumar Ohri said that it was an unfortunate case where the victim's parents repeatedly stated that “physical relations” were established however, there...
Courts Can Exempt Property From Doctrine Of Lis Pendens To Protect Genuine Owners From Vexatious Suits: Delhi High Court
The Delhi High Court has held that courts can exempt a property from the doctrine of lis pendens, to shield genuine owners from vexatious suits.The doctrine stems from Section 52 of the Transfer of Property Act 1882. It stipulates that any transfer of property during a pending lawsuit affecting that property is subject to the outcome of the lawsuit.A division bench of Justices Anil Kshetarpal...