Delhi High Court Weekly Round Up: February 26 To March 03, 2024

Citations 2024 LiveLaw (Del) 213 to 2024 LiveLaw (Del) 252NOMINAL INDEXSteel Authority Of India Ltd vs Uniper Global Commodities. 2024 LiveLaw (Del) 213Premoday Khakha v. State and other connected matter 2024 LiveLaw (Del) 214SANJEEV KUMAR MISHRA v. JAWAHARLAL NEHRU UNIVERSITY & ORS. 2024 LiveLaw (Del) 215MS. KANISHKA (THROUGH MRS. SANTOSH (MOTHER) v. CENTRAL BOARD OF SECONDARY...

Delhi High Court Monthly Digest: February 2024 [Citations 119 - 238]

Citations 2024 LiveLaw (Del) 119 to 2024 LiveLaw (Del) 238 NOMINAL INDEXX v. Y 2024 LiveLaw (Del) 119DHARAM NARAYAN GAUTAM v. STATE THROUGH ECONOMIC OFFENCES WING & ANR. 2024 LiveLaw (Del) 120SIYA OMAR THROUGH HER MOTHER AND NATURAL GUARDIAN PRIYANKA GUPTA & ANR. v. UNION OF INDIA THROUGH ITS SECRETARY MINISTRY OF HEALTH AND FAMILY WELFARE & ORS. 2024 LiveLaw (Del) 121AMIT KUMAR...

Counterclaims Can Be Enforced Under Section 36 Of The A&C Act If The Part Of Award Favouring Judgment-Debtor Is Set Aside: Delhi High Court

The High Court of Delhi has held that the counterclaims allowed by the arbitral tribunal can be enforced under Section 36 of the A&C Act when the portion of the award granting larger sums to the judgment-debtor (claimant in the arbitration) is set aside.The bench of Justice Jasmeet Singh reiterated that partial setting aside of an award is permissible under the Act, therefore, when the...

'Cash' Excluded From Definition Of 'Goods', Can't Be Seized: Delhi High Court

The Delhi High Court has directed the respondent department to forfeit or remit the cash seized from the premises of the petitioner to the petitioner along with interest. The bench of Justice Sanjeev Sachdeva and Justice Ravinder Dudeja has observed that 'cash' is clearly excluded from the definition of the term 'goods' and would fall within the definition of'money' as defined in Section 2...

Delhi High Court Sets Aside Banks' Decision To Declare Ratul Puri As Wilful Defaulter Under RBI Master Circular

The Delhi High Court has quashed the decision of Bank of Baroda and Punjab National Bank declaring businessman Ratul Puri as a “wilful defaulter” under the Master Circular on Wilful Defaulters, 2015, issued by the Reserve Bank of India. Puri is the Chairman of Hindustan Power Projects Private Limited. The banks declared him as a wilful defaulter with respect to his association in...

Delay In Minor's Testimony Due To Psychological Distress Caused By Sexual Assault, Human Trafficking Not Ground For Bail To Accused: Delhi High Court

The Delhi High Court has observed that the delay in testimony of a minor, who is a victim of sexual assault and human trafficking, before the trial court, cannot serve as a ground for bail to the accused. Justice Swarana Kanta Sharma took note of the “realities of profound impact” of sexual assault and human trafficking on a minor victim, which extends beyond mere physical harm that...

Doxing Can Result In Privacy Violation If Unchecked, Individuals Can't Be Rendered Remediless: Delhi HC On Woman's Plea Who Tweeted About Politician

While dealing with a woman's suit who posted a tweet on X (formerly Twitter) about an interview of a political figure and was later doxed by various individuals and entities, the Delhi High Court has observed that doxing, if permitted to go on unchecked, could result in violation of right to privacy.Justice Prathiba M Singh said that aggrieved parties or individuals in cases of doxing cannot...

Take Steps To Implement Suggestions For Improving Functioning Of Children Homes Within Four Weeks: High Court To Delhi Govt

The Delhi High Court has directed the Delhi Government to take steps to implement within four weeks the suggestions for improving the facilities and functioning of the children homes in the national capital. A division bench of Justice Suresh Kumar Kait and Justice Manoj Jain was referring to the suggestions made by Amicus Curiae, Senior Advocate Satish Tamta, in a suo motu case initiated by...

Arbitrator Need Not To Be Technical In Nature, Within Power To Decide Matter On Basis Of Material On Record: Delhi High Court Dismisses Section 34 Petition

The Delhi High Court single bench of Justice Dinesh Kumar Sharma held that arbitral proceedings before the arbitrator are not required to be technical in nature and the arbitrator is within its power to decide the same on the basis of material on record. The bench held that the arbitrator is the sole judge of the quality and quantity of evidence, and the court's role is not to reassess...

In A First, Delhi High Court's 'Disaster Recovery Centre' For Regular Data Backup Inaugurated At Madras HC's Madurai Bench

In a first, Disaster Recovery (DR) Centre for the Delhi High Court, for having a live backup of all the data and applications or softwares, was inaugurated today at the Madurai Bench of Madras High Court. The Centre was inaugurated by Madras High Court Chief Justice Sanjay Vijaykumar Gangapurwala and Delhi High Court judge, Justice Rajiv Shakdher, who is also the Chairman of the I.T. &...

Section 29A Not Applicable To Arbitration Proceedings Commenced Before 2015: Delhi High Court

The Delhi High Court single bench Justice Manoj Kumar Ohri held that Section 29A of the Arbitration and Conciliation Act, 1996 which prescribes a time limit for issuance of arbitral award is not applicable to arbitration proceedings commenced before 2015 Amendment Act. It held that arbitral proceedings commence on the date when the Respondent receives the request for reference to...

Party Fails To Challenge Arbitral Award U/s 34 A&C Cannot Approach High Court Under Article 226: Delhi High Court Dismisses Writ Petition

The Delhi High Court single bench of Justice Subramonium Prasad held that Article 226 of the Constitution of India is an extraordinary remedy and cannot be invoked where a party has failed to invoke other remedies available to it under law. It held that if a party fails to challenge the arbitration award under Section 34 of the Arbitration and Conciliation Act, 1996, cannot approach the...