Limited Scope Of Examination U/S 34 Of Arbitration Act, Award Vitiated By Patent Illegality: Delhi High Court

The Delhi High Court Bench of Justice Vibhu Bakhru and Justice Sachin Datta held that the Arbitral Tribunal has awarded the claim for loss of profit for the period the Contract was prolonged without any evidence or material to support the claim. Therefore, the impugned award is vitiated by patent illegality. Brief Facts: The present dispute arose with respect to an agreement...

Delhi High Court's Permanent Committee Recommends Names Of 71 Lawyers For Being Designated As Senior Advocates

Delhi High Court's Permanent Committee has recommended the names of 71 lawyers for being designated as Senior Advocates after intervening more than 300 lawyers. The Committee comprises of Chief Justice Manmohan, Justice Vibhu Bakhru, Justice Yashwant Varma, Additional Solicitor General Chetan Sharma, Senior Advocate Sudhir Nandrajog and Senior Advocate Mohit Mathur. The name of the lawyers...

Special Treatment Cannot Be Given To Govt For Delay In Filing Appeal U/S 37 Of Arbitration Act: Delhi High Court

The Delhi High Court bench of Ms. Justice Rekha Palli and Mr. Justice Saurabh Banerjee has affirmed that just because the appellant is government that doesn't mean that a special treatment will be given while condoning the delay in filing the appeal under section 37 of the Arbitration Act.Brief FactsThis appeal has been filed under section 37 of the Arbitration Act challenging the order passed...

Arbitrators Cannot Pass Binding And Enforceable Orders Unilaterally Determining Their Fees: Delhi High Court

The Delhi High Court bench of Justice Dinesh Kumar Sharma has affirmed that Arbitrators do not have the power to unilaterally issue binding and enforceable orders determining their own fees. A unilateral determination of fees violates the principles of party autonomy and the doctrine of the prohibition of in rem suam decisions, ie., the arbitrators cannot be a judge of their own private...

Magistrate Or Special Court's Power To Supervise Investigation Doesn't Include Right To Question FIR Validity: Delhi High Court

The Delhi High Court has held that the power of a Magistrate or a Special Court to supervise an investigation does not include the right to question the validity of the FIR.A division bench headed by Justice Prathiba M Singh said that the Magistrate or Special Court must remain a “silent spectator” till filling of the final report under Section 173(2) of Cr.P.C and limit its actions...

Customer Did Not Share OTP But SBI's "Most Hyped" 2-Factor Authentication Failed, Resulting In Cyber Fraud: Delhi HC Orders Compensation

In a case of cyber fraud where a man lost money from his State Bank of India (SBI) account after clicking a link in an SMS, the Delhi High Court directed the SBI to compensate the customer for the lost amount, noting a “glaring service deficiency” on the part of the bank.The Court noted that the unauthorized transactions occurred without the customer sharing any OTPs, implying a breach in...

Delhi High Court Issues Notice On Plea By BJP MPs Seeking Implementation Of Ayushman Bharat-PMJAY Scheme

The Delhi High Court on Thursday issued notice on a PIL filed by seven BJP MPs from the national capital seeking implementation of Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (AB-PMJAY) scheme here.A division bench comprising of Chief Justice Manmohan and Justice Manmeet PS Arora sought response of the Delhi Government, Delhi LG and the Union Government. The Court has tagged the...

Delhi High Court Reserves Judgment On Former IAS Puja Khedkar's Anticipatory Bail Plea

The Delhi High Court on Thursday (November 28) reserved judgment on the anticipatory bail plea filed by former probationer IAS officer Puja Khedkar who is accused of “misrepresenting and falsifying facts" in her application for Union Public Service Commission (UPSC) Civil Services Examination, 2022.“Heard both sides. Judgment reserved,” Justice Chandra Dhari Singh said. The Court said...

Congress Leader P Chidambaram Moves Delhi High Court Against Trial Court Taking Cognizance Of ED Chargesheet In INX Media Case

Senior Congress leader P. Chidambaram has moved the Delhi High Court challenging a trial court order which took cognizance of the chargesheet filed against him by the Enforcement Directorate (ED) in the money laundering case connected to the INX Media case.Senior Advocate N Hariharan appearing for Chidambaram submitted before Justice Manoj Kumar Ohri on Thursday that mandatory sanction...

'Epilepsy Can't Be Attributed To Service In Navy As It Occurs Periodically And Could Be Dormant At Other Times', Delhi High Court Dismisses Petition

A Division Bench of Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur dismissed an appeal wherein a Navy Officer sought disability pension based on the claim that his medical condition (Epilepsy) was attributable to his service in the navy. The Officer was invalidated after the detection of the medical condition which was not disputed, however, the Court held that...

'Two Sets Of Rules For Promotion To Same Post, Candidate Cannot Be Denied Promotion In One And Denied Same In Another': Delhi High Court

A Division Bench of Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur while allowing a Petition observed that if two sets of rules lead to promotion to a single post, it would not make sense to allow the Petitioner relaxation as per one rule and deny him the same as per another. The Court held that if he was given relaxation while he was appointed to the post, he could...

Can Rape Victim Who Contracted HIV Be Awarded Compensation Under Delhi Victim Compensation Scheme? High Court To Decide

The Delhi High Court is set to decide as to whether a victim of rape or sexual assault, who has contracted STD or HIV, be awarded compensation under the Delhi Victim Compensation Scheme, 2018.Justice Sanjeev Narula issued notice on a woman's plea who was subjected to sexual assault in 2017, leading her to contracting HIV, seeking enhanced compensation under the Scheme. She was awarded...