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...

Wife Turning Children Against Father Is Parental Alienation, Amounts To Grave Mental Cruelty: Delhi High Court

The Delhi High Court has observed that the act of a wife in trying to turn the children against the father is a clear case of “parental alienation”, which amounts to “grave mental cruelty.”Observing that a person may be a bad husband but that does not lead to the necessary conclusion of he being a bad father, a division bench of Justice Suresh Kumar Kait and Justice Neena Bansal...

Policing Not Meant To Serve Interests Of Any Specific Religious Community: High Court On 'Pardanashin' Muslim Woman's Plea Against Delhi Police

The Delhi High Court has observed that policing is not tailored to serve the interests of any specific religious or any cultural community alone and has to be guided by the principles of impartiality, fairness, and reasonability.“While respecting cultural sensitivities and religious practices, law enforcement agencies must prioritise the common good and uphold the law without...

How Will You Cater To Citizens When You Can't Pay Your Employees? It's Their Salary Not Some Ransom: Delhi High Court Pulls Up MCD

The Delhi High Court on Friday rapped the Municipal Corporation of Delhi (MCD) over unpaid dues and arrears of 7th Central Pay Commission (CPC) to employees of the civic body.A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora orally remarked,“There is a little arm twisting here. You say Centre must pay…If you won't pay they (employees)...

MSME Facilitation Council Can't Arbitrate Matters Pertaining To Individual Service Providers Outside The Scope Of MSME Act: Delhi High Court

The Delhi High Court single bench of Justice Prateek Jalan held that the MSME Facilitation Council does not have the jurisdiction to arbitrate matters pertaining to individual service providers who do not fall under the definition of 'supplier' under the MSME Act. The same would be violative of Section 34 of the Arbitration and Conciliation Act, 1996. Brief Facts:The matter pertained to...

Bajrang Punia, Vinesh Phogat, Other Wrestlers Move Delhi High Court Against WFI Circular To Conduct Selection Trials

Wrestlers Bajrang Punia, Vinesh Phogat, Sakshi Malik and Satyawrat Kadiyan have moved the Delhi High Court against a circular of the Wrestling Federation of India (WFI) to conduct selection trials for the Senior Asian Wrestling Championships 2024 and Asian Olympic Games Qualifier Wrestling Tournament.The plea seeks a direction on the WFI to cease and desist from conducting the national trials...

Delhi High Court Sets Aside CIC Order Asking CBDT To Provide Information On Shri Ram Janmabhoomi Teerth Kshetra Trust

The Delhi High Court has set aside an order passed by the Chief Information Commission (CIC) directing the Central Board of Direct Taxes (CBDT) to provide information relating to Shri Ram Janmabhoomi Teerth Kshetra Trust, set up by the Union Government to construct and manage the Ram temple in Ayodhya, under the Right to Information Act, 2005.Justice Subramonium Prasad set aside the CIC...

Even If Arbitral Award Set Aside For Non-Compliance With Section 12, Parties Can File Fresh Section 11 Application For Arbitrator Appointment: Delhi High Court

The Delhi High Court single bench of Justice Dinesh Kumar Sharma held that mere invalidation or unenforceability of the arbitrator appointment process does not render the entire arbitration clause void. The bench held that even if an arbitration award is set aside due to unilateral appointment and non-compliance with Section 12 of the Arbitration Act, fundamental agreement between the parties...

Delhi Riots Larger Conspiracy Case: High Court Asks Police To Clarify If Probe Is Complete Or More Chargesheets Will Be Filed

The Delhi High Court on Thursday asked the Delhi Police to clarify if its investigation in the UAPA case alleging a larger conspiracy in the 2020 North-East Delhi riots is complete or if any more chargesheets will be filed in the matter. A division bench of Justice Suresh Kumar Kait and Justice Manoj Jain asked Special Public Prosecutor Amit Prasad to make a statement on the query on March 04....

Delhi High Court Discharges Former DHCBA President Rajiv Khosla In Criminal Contempt Case By Former Judge

The Delhi High Court has discharged Rajiv Khosla, lawyer and former High Court Bar Association President Rajiv Khosla, in the contempt case filed by retired judicial officer Sujata Kohli. A division bench of Justice Suresh Kumar Kait and Justice Manoj Jain observed that Kohli was not able to produce any material which may compel the court to form an opinion that Khosla committed any...

Delhi High Court Rejects ArcelorMittal's Plea Seeking Approval To Commence Mining Operations In Jharkhand's Saranda Forest Division

The Delhi High Court on Thursday dismissed a plea moved by ArcelorMittal seeking approval and clearance to commence mining operations in Jharkhand's Saranda Forest Division. A division bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna found no merit in the plea which was filed in 2017. The court observed that the approval granted to ArcelorMittal by the Central Government in...

Delhi High Court Issues Notice On Plea Challenging Centre's Notification Imposing Conditions On Married Women For Using Maiden Surname

The Delhi High Court on Thursday issued notice on a plea challenging Union Government's notification for obtaining maiden surname alleging gender bias and an “impermissible discrimination” by imposing additional and disproportionate requisites exclusively on women.The notification, issued by Union Ministry of Housing and Urban Affairs, states that if a married woman wishes to obtain a...