Delhi High Court
'Urban Planning Failure': Delhi High Court On Parking Issue In Residential Colonies, Calls For Policy Based Response From Municipal Authorities
Calling it an “urban planning failure”, the Delhi High Court has said that the issue of parking space in residential colonies in the national capital requires a policy based response from the municipal authorities. “The absence of dedicated parking spaces in residential colonies is a civic issue that requires a policy- based response from municipal authorities rather than judicial intervention in individual disputes,” Justice Sanjeev Narula said. The court said that the problem of parking of...
Waqf Board Case: Delhi High Court Issues Notice On AAP MLA Amanatullah Khan's Plea Challenging Arrest, ED Objects On Maintainability
The Delhi High Court on Thursday issued notice on a plea filed by Aam Aadmi Party (AAP) MLA Amanatullah Khan challenging his arrest by the Enforcement Directorate (ED) in a money laundering case connected to the alleged irregularities in the Delhi Waqf Board recruitment during his chairmanship.Justice Neena Bansal Krishna sought response of ED within 15 days and listed the matter for hearing next on October 18. Khan was arrested by ED on September 02 after searches were conducted by the central...
Since Seat Is Fixed, Only Court Having Territorial Jurisdiction Over Seat Has Jurisdiction Over Arbitral Proceedings: Delhi High Court
The Delhi High Court bench of Justice C. Hari Shankar, while hearing a Section 11 petition, has held that when the seat of the arbitration is contractually fixed, only those Courts having territorial jurisdiction over the seat would have the curial jurisdiction over the arbitral proceedings. Following the dictum in BGS SGS Soma JV v. NHPC Ltd, the court held that the High Court of Delhi has the jurisdiction to entertain the Section 34 petition. Facts: A dispute arose between the...
Delhi High Court Stays Arbitral Awards Due To Unilateral Appointment Of Arbitrator
The Delhi High Court bench presided by Justice C. Hari Shankar has stayed the execution of two arbitral awards, holding that the unilateral appointment of the arbitrator by the respondent, without court intervention under Section 11 of the Arbitration and Conciliation Act, 1996, and in violation of Section 12(5) of the Act, rendered the arbitration proceedings invalid...
Delhi High Court Restrains Businesses From Using Amul's Trademark On Their Pharmaceutical Products, Directs Payment Of ₹5 Lakhs In Damages & Costs
The Delhi High Court has issued a permanent injunction in favour of Amul, against businesses dealing in pharmaceutical products, from using 'AMUL' trademark on their products. The Court imposed costs and damages of Rs. 5 lakh against them for infringing Amul's well-known trademark.A single judge bench of Justice Mini Pushkarna observed that an ordinary customer is likely to be confused that the defendants have some association with Amul, thus giving them an unfair advantage and damaging the...
Delhi High Court Seeks Puja Khedkar's Response On UPSC's Plea Alleging Perjury In Anticipatory Bail Case
The Delhi High Court on Thursday issued notice on a plea moved by the Union Public Services Commission (UPSC) alleging that former probationer IAS officer Puja Khedkar committed perjury by filing a false affidavit and making a false statement in relation to her anticipatory bail plea.Justice Subramonium Prasad sought the response of Khedkar who is accused of “misrepresenting and falsifying facts" in her UPSC application.The matter will now be heard on September 26. On July 31, the UPSC cancelled...
Delhi High Court Denies Bail To British National Jagtar Singh Johal In Murder, UAPA Cases
The Delhi High Court has denied bail to British national Jagtar Singh Johal in seven murder and UAPA cases being probed by the National Investigation Agency (NIA).A division bench comprising Justice Prathiba M Singh and Justice Amit Sharma dismissed the bail appeals filed by Johal in the UAPA cases alleging series of targeted killings during 2016-2017 in Ludhiana and Jalandhar Districts of Punjab.It was NIA's case that the incidents in which Johal and other accused were involved were...
Delhi Is Of Migrants, Benefit Of Reservation To Any Category Can't Be Denied: High Court
The Delhi High Court has recently held that the national capital, being a Union Territory, is of migrants and benefit of reservation to any particular category cannot be denied.“It is also not in dispute, NCT of Delhi being Union Territory for all purposes, except for running administration, is of migrants, therefore, benefit of reservation to any category cannot be denied,” a division bench comprising Justice Suresh Kumar Kait and Justice Girish Kathpalia said. The court made the observations...
Both Parties Are Entitled To Get The Benefit Of The Latter Part Of Section 34(3) While Computing The Period Of Limitation: Delhi High Court
The Delhi High Court bench of Justice C. Hari Shankar, while hearing a Section 34 petition, has held that any party can benefit from the second part of Section 34(3) when calculating the limitation period. The statute's language does not specify who should request under Section 33. Therefore, the benefit of calculating the limitation period from the date of disposal of the Section 33 application is available to both parties. Section 33 of the Arbitration Act provides for the ...
Service Bond Is Not A Contract Of Employment, Delhi High Court Upholds ESIC's Decision To Reduce Bond Period From Five/Three Years To One Year Post Qualification
The Delhi High Court has dismissed a batch of petitions filed by the Petitioners challenging the common order of the Central Administrative Tribunal (CAT) which upheld the decision of Employees State Insurance Corporation (ESIC) Dental College and Hospital in Rohini, Delhi. ESIC had reduced the service bond period to one year From Five/Three Years after attaining the qualification as per the revised policy.A Division Judge Bench of Justice Girish Kathpalia and Suresh Kumar Kait observed that as...
Offence Committed In Foreign Country Can Be Treated As Predicate Offence Under PMLA When Proceeds Of Crime Travels To India: Delhi HC
The Delhi High Court has held that an offence committed in a foreign country under laws of that nation can be treated as a predicate offence under PMLA if it has “cross border implications” and the proceeds of the crime have travelled to India. Perusing various provisions under PMLA and Part C of the Schedule, Justice Vikas Mahajan said:“…if an offence has been committed in a foreign country under the laws of that country, the same can be treated as a predicate offence provided such offence...
Plea In Delhi High Court Seeks Action Against Union Minister Ravneet Singh Bittu Over 'Derogatory Remarks' Against Rahul Gandhi
A public interest litigation (PIL) has been filed before the Delhi High Court seeking action against Union Minister Ravneet Singh Bittu over his allegedly defamatory remarks against Congress leader and Leader of Opposition Rahul Gandhi. The plea has been filed by Hindu Sena Chief Surjit Singh Yadav. Yadav is aggrieved by Bittu's remarks against Rahul Gandhi made in a press brief on September 15. As per the plea, the remarks are: "Rahul Gandhi is not an Indian, he has spent most of his time...