Delhi High Court
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...
Landlord Is Best Judge Of His Own Needs, Not Tenant Or Court: Delhi High Court
The Delhi High Court has observed that a landlord is the best judge of his needs, and cannot be thrusted with the opinion of the tenant or the Court.Justice Saurabh Banerjee said that once landlord establishes that the property wherefrom he is seeking eviction of the tenant is required bona fide by him, the issue of availability of alternative accommodation is merely incidental. “Moreover,...
Use Technology To Remove Misleading Content Violating Sadhguru's Personality Rights: Delhi High Court Tells Google
The Delhi High Court has asked Google LLC to make an endeavour to ensure that misleading and deepfake content infringing personality rights of Sadhguru Jaggi Vasudev, founder of Isha Foundation, is removed and taken down through its technology. Justice Manmeet Pritam Singh Arora directed Google and Sadhguru to have a mutual meeting, where the latter can specifically identify the...
"Insolvency Professionals Acting Like Scavengers Must Be Dealt With Severely": Delhi High Court Slams Practitioner's Misconduct
The Delhi High Court recently slammed the conduct of a senior insolvency professional, warning that such individuals must not become “predators” of companies already in financial distress. In a scathing judgment, the Court said professionals under the Insolvency and Bankruptcy Code (IBC) must uphold the highest ethical standards and 'even a single act of negligence' is sufficient for a disciplinary actionThe judgment, delivered by Justice Subramonium Prasad on September 9, contained strong...