Delhi High Court
Claims Related To Company Are Arbitrable Even Though It Is Non-Signatory To Arbitration Agreement, Delhi High Court Reinforces GOC Doctrine
The Delhi High Court bench comprising Justice Pratibha M. Singh held that the disagreements related to the partners' business activities, whether conducted through the firm or the company, fall within the scope of arbitrable matters. The bench rejected the argument that the firm or the company cannot be brought forth in the arbitration proceedings since neither the firm nor the company...
Delhi Riots UAPA Case: High Court Expresses Displeasure Over Lengthy Arguments By Prosecution In Khalid Saifi's Bail Hearing
The Delhi High Court on Tuesday expressed displeasure over lengthy arguments by the prosecution while opposing the bail plea of Khalid Saifi, an accused in the UAPA case alleging a larger conspiracy in the 2020 North-East Delhi riots. A division bench of Justice Suresh Kumar Kait and Justice Manoj Jain asked Special Public Prosecutor Amit Prasad to file a convenience compilation defining the...
Make Efforts To Pay Additional ₹20 Lakhs Compensation To Families Of Those Who Died Due To Manual Scavenging: High Court To Delhi Govt
The Delhi High Court has asked the Delhi Government to make efforts to pay the additional compensation of Rs. 20 lakhs to the kin of those who have died due to manual scavenging, in terms of a last year ruling of the Supreme Court. “This Court expects that the State will endeavour to pay the balance of Rs.20 lakh to all similarly placed persons instead of forcing the family members of...
Delhi High Court Declines Accused's Plea For Further Investigation, Says Its Purpose Not To Prove Defence Of Accused
The Delhi High Court has said that the right of further investigation of the Police does not extend for mere 'reinvestigation' or 'fresh investigation' to be started ab initio. Justice Anoop Kumar Mendiratta said that the purpose of further investigation is also not to prove or establish the defence of the accused. The court observed that if the circumstances deserve for a further...
'Foetus Viable & Normal': Delhi High Court Rejects 20-Yr-Old Unmarried Woman's Plea For Medical Termination Of 28-Week Pregnancy
The Delhi High Court yesterday dismissed a plea moved by a 20-year-old unmarried woman seeking medical termination of her pregnancy of 28 weeks.Justice Subramonium Prasad perused the medical report and observed that there was no congenital abnormality in the foetus nor any danger to the woman to carry on with the pregnancy which will mandate termination of the foetus. “Since the foetus...
Plea Alleges Patanjali Toothpaste Has Non-Veg Ingredient, Delhi HC Calls For Committee Recommendations On Categorisation Of Raw Materials In Drugs
The Delhi High Court has called for recommendations from the Committee constituted by the Union Ministry of Ayush on determining the criteria by which raw materials used in the production of drugs can be categorised into veg, non-veg or more categories.Justice Subramonium Prasad directed the Committee, constituted by the Ayurvedic, Siddha and Unani Drugs Technical Advisory Board (ASUDTAB),...
Retweeting Defamatory Content Is “Publication", Aggrieved Can Decide Which Retweet Caused More Harm To Reputation: Delhi High Court
The Delhi High Court on Monday ruled that every retweet of defamatory content on social media would amount to “publication” for attracting the offence of defamation under Section 499 of the Indian Penal Code, 1860.These observations came in a plea for quashing summons issued to CM Arvind Kejriwal, accused of the offence of defamation under Section 499 IPC for retweeting a publication on...
Delhi High Court Directs DDA To Maintain Status Quo On Land Where 600-Yr-Old Mosque In Mehrauli Was Demolished
The Delhi High Court on Monday directed the Delhi Development Authority (DDA) to maintain status quo on the land on which the 600-year-old mosque, Masjid Akhonji, was demolished in city's Mehrauli area.Justice Sachin Datta passed the order while dealing with an urgent application filed by the Managing Committee of the Delhi Waqf Board. The status quo shall be maintained till February 12....
Delhi High Court Dismisses Writ Petition, Permits Petitioner To Avail Remedy Under S. 37 Of Arbitration Act
The Delhi High Court bench comprising Justice Subramonium Prasad held that the aggrieved party should avail the alternate remedy available under the Arbitration and Conciliation Act, 1996 before approaching the court under Article 226 unless there are extraordinary or exceptional circumstances. Further, the bench held that the remedy available to a party under Article 226 is not absolute...
Exporters Not Traceable, Customs Broker Can't Be Held Liable After Issuance Of 'Let Export Orders': Delhi High Court
The Delhi High Court has held that as a customs broker, the petitioner cannot be held liable because exporters were not traceable after the issuance of 'Let Export Orders' and the export of the goods out of the country.The bench of Justice Yashwant Varma and Justice Ravinder Dudeja has observed that once the Importer Exporter Code (IEC) particulars as mentioned are verified from the system...
Person Can't Be Sent To Jail For More Than Three Months Over Recovery Of Maintenance Arrears In Subsequent Execution Petition: Delhi High Court
The Delhi High Court has ruled that a person cannot be sent to jail for more than three months, over non-payment of arrears of maintenance to the spouse, in the subsequent execution petitions filed for recovery of maintenance which may accrue from time to time under the same order.A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna analyzed Section 58 (1) of the Code...
Authority Asking For OBC-NCL Certificate Should Keep Cut-Off Date Of Issuance In Line With Financial Year, Deviation Creates Confusion: Delhi HC
The Delhi High Court has observed that an authority asking for OBC-Non Creamy Layer (NCL) certificate should keep the cut-off date of its issuance in line with a particular financial year, as any deviation not only creates confusion and uncertainty but also deprives deserving candidates of reservation benefit.Justice Purushaindra Kumar Kaurav said that the OBC-NCL certificate is issued by...