Chargesheet Will Not Be Invalidated If Some Documents Relied Upon By Prosecution Are Not Filed Along With It: Delhi High Court

The Delhi High Court has ruled that a chargesheet will not be vitiated or invalidated if the documents relied upon by the prosecution are not filed along with it.“Ordinarily though, all the documents relied upon by the prosecution should accompany the charge- sheet, nonetheless, if for some plausible reasons, all the documents are not filed along with the charge-sheet, this itself, would...

Delhi High Court Modifies Interim Relief Of Stay Of Award, Allows Air India To Pay 50% Amount In Form Of Bank Guarantee

The Delhi High Court bench comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela modified its earlier order which restrained the execution of an arbitral award involving Air India as a party. Air India claimed that instead of granting an unconditional stay as requested, the High Court initially restrained the execution of the award by employing a contingency on Air India...

Can Initiate Arbitral Proceedings Without Other Party's Consent Even If Arbitration Mentioned As Alternative Settlement Method: Delhi High Court

The Delhi High Court bench comprising Justice Prateek Jalan held that a dispute resolution clause providing for alternative modes of settlements, including arbitration, and containing the term “will”, doesn't require the consent of the other party for settlement of disputes through arbitration. The bench noted that in such a case the parties have already reached a consensus ad...

Limitation Period U/s 34(3) Absolute; Condonation Of Delay Impermissible Unless Party Shows Diligence And Bona Fide Reasons: Delhi High Court

The Delhi High Court bench comprising Justice Pratibha M Singh held that the time limit for limitation under Section 34(3) of the Arbitration and Conciliation Act, 1996 is absolute in nature and it is impermissible to condone the delay in challenging an arbitral award under Section 34 unless the party demonstrates diligence and bona fide reasons beyond its control for the...

Section 11 Petition Can Be Filed Only After Failure Of Parties To Appoint Arbitrator Within 30 Days Of Notice, Limitation Act Applies: Delhi High Court

The Delhi High Court bench, comprising Justice Prathiba M. Singh, held that a petition under Section 11 of the Arbitration and Conciliation Act, 1996 can only be filed after a notice of arbitration has been issued and there has been a failure to make the appointment of an arbitrator within 30 days. The bench held that the limitation period arises upon the failure to make the appointment...

Delhi High Court Weekly Round-Up: January 29 To February 04, 2024

Citations 2024 LiveLaw (Del) 109 to 2024 LiveLaw (Del) 134NOMINAL INDEXAJAY KUMAR v. UNION OF INDIA & ORS. 2024 LiveLaw (Del) 109ANAJALI PANDEY v. GOVT OF NCT OF DELHI & ANR. 2024 LiveLaw (Del) 110RECKITT BENCKISER INDIA PRIVATE LIMITED v. UNION OF INDIA THROUGH: ITS SECRETARY & ORS. 2024 LiveLaw (Del) 111ASHWINI KUMAR UPADHYAY v. UNION OF INDIA & OTHERS 2024 LiveLaw...

Never Take Yourself Or Others Too Seriously, Detachment Important: Delhi HC Judges On How Legal Professionals Can Heal Their Mental Health

Justice Anup Jairam Bhambhani and Justice Poonam A. Bamba (retired) of the Delhi High Court on Friday said that in order to tackle mental health issues, legal professionals must never take themselves or others too seriously and they must detach themselves from things which they face on a regular basis. The judges were speaking on the fourth Coffee Chat organized by the Delhi High Court...

Fundamental Right To Travel Abroad Can't Be Curtailed Merely Because Person Failed To Pay Bank Loan: Delhi High Court

The Delhi High Court has observed that the issuance of a lookout circular (LOC) cannot be resorted to in every case of bank loan defaults or credit facilities availed for business. “… the Fundamental Right of a citizen of the country to travel abroad cannot be curtailed only because of failure to pay a bank loan more so when the person against whom the lookout circular is opened has not...

Delhi High Court Issues Notice On Plea Challenging BCI's Decision Permitting Entry Of Foreign Law Firms In India

The Delhi High Court on Friday issued notice on a plea challenging the notification issued by Bar Council of India (BCI) last year permitting entry of foreign law firms and lawyers in India.A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora sought response of the BCI and the Union Government and listed the matter for hearing next in April. The plea has...

Right To Heritage Has To Be Balanced With Right To Breathe: Delhi High Court In Plea To Halt Alleged Demolition In Mehrauli And Sanjay Van

Observing that the right to health and breathe and the right to heritage and culture have to be harmonised and balanced, the Delhi High Court has observed that green areas are the lungs of the city and efforts must be made by all statutory authorities to ensure that no illegal and unauthorised construction is carried out on public land dedicated for public purpose.A division bench...

Need For Broad Panel To Choose From To Ensure Arbitrator's Independence As Per Clause 64 of GCC: Delhi High Court

The Delhi High Court bench comprising Justice Sachin Datta allowed an application made under Section 14 of the Arbitration and Conciliation Act, regarding the termination of an arbitrator's mandate under his former employment with the respondent, Northern Railway. The bench held that a broad-based panel should have been provided to the complainant and 4 was very less a number, coupled...

Delhi High Court Quashes Cognizance Taken By Trial Court Against Social Activist Shabnam Hashmi In FIR Over CAA Protest During COVID-19

The Delhi High Court has quashed a trial court order taking cognizance against social activist Shabnam Hashmi in an FIR registered by the Delhi Police over the protest against the Citizen Amendment Act (CAA) in 2020 during the COVID-19 pandemic. Justice Navin Chawla quashed the trial court order passed on October 08, 2021, and proceedings emanating therefrom.“However, it is made clear that...