'Candidate Cannot Produce Documents At Document Verification Stage', Delhi High Court Dismisses Petition

A Division Bench of Delhi High court comprising Justices Navin Chawla and Shalinder Kaur dismissed a Petition of a candidate seeking to set aside the rejection of his candidature due to having produced an experience certificate at the stage of document verification. The Bench held that the Advertisement specified the date of uploading the documents and it could not be considered a...

Writ Jurisdiction Cannot Be Invoked To Challenge Arbitral Award, Only To Circumvent Statutory Requirement Of S.19 Of MSMED Act: Delhi High Court

The Delhi High Court bench of Justice Sanjeev Narula, while hearing a writ petition challenging an arbitral award passed by the Micro and Small Enterprises Facilitation Council (MSFEC), has held that invoking the writ jurisdiction to challenge an arbitral award would circumvent the statutory requirement of pre-deposit u/s 19 of the MSMED Act, and would amount to defeating the...

'Balance Must Be Stricken Between Mistake And Chance To Rectify Lapse', Delhi High Court Allows Candidates To Join Post

A Division Bench of Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur observed while allowing a Petition that authorities must look into the accuracy of documents and decide the cases of candidates based on facts and circumstances of each case. While holding that the submission of documents was an important step in selection process and must be adhered to strictly,...

Delhi High Court Stays Arbitral Proceedings Where Petitioner's Defence Was Struck-Off Due To Non-Payment Of Arbitral Fees

The Delhi High Court bench of Justice Sanjeev Narula has held that the striking off of the defence of the Petitioner for non-payment of arbitral fees is a drastic measure that exceeds the jurisdiction of the Arbitrator. The Court observed that under Section 38(2) of the Arbitration and Conciliation Act, 1996, the Tribunal should allow the proceedings to continue with the Claimant...

Delhi High Court Refuses To Entertain Plea Seeking Constitution Of 'Sanatan Dharm Raksha Board'

The Delhi High Court on Wednesday refused to entertain a public interest litigation (PIL) seeking constitution of "'Sanatan Dharm Raksha Board."A division bench comprising of Chief Justice Manmohan and Justice Tushar Rao Gedela said that the issue fell within the policy domain and that the Court cannot issue a direction for constitution of such a board. The bench also asked the...

Compensation To Acid Attack Victims Once Awarded Can't Be Arbitrarily Reduced Below Minimum Threshold: Delhi High Court

The Delhi High Court has recently observed that once the decision of awarding compensation to acid attack victims under the Delhi Victim Compensation Scheme, 2015, has been made, it cannot be arbitrarily reduced below the minimum threshold of Rs. 3 lakh. "By no stretch of the language of the Scheme and the various judicial pronouncements discussing the requirement of adequate compensation,...

Liberty To File Fresh Application Not Fresh Cause Of Action, Limitation U/S 34(3) Of Arbitration Act Cannot Be Extended: Delhi High Court

The Delhi High Court Bench of Justice Rekha Palli and Justice Saurabh Banerjee have held that mere liberty to file a fresh application before the competent Court does not amount to a fresh cause of action occurring in the appellant's favour. The relevant date(s) of the Award always remained unchanged, and therefore even after availing the benefit of the period under Section 14 of...

S.99A Customs Act | Final Report Containing Audit Findings Can Be Drawn Only After Apprising Auditee Of 'Objections': Delhi High Court

The Delhi High Court has held that pursuant to an audit in respect of assessment of imported or exported goods under Section 99A of the Cutoms Act, 1962, the proper officer is liable to apprise the auditee of the objections which according to it arise in respect of the assessment. A division bench of Justices Yashwant Varma and Ravinder Dudeja discussed the power that stands enshrined...

Adverse Remarks In Appraisal Report For Carrying Weapons To Quarters, Delhi High Court Dismisses Petition

A Division Bench of Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur dismissed a Petition seeking quashing of Displeasure awarded by DG, BSF and the order rejecting the representation of the Petitioner against the advisory remarks in the APAR. The Bench stated that the Petitioner who was in possession of his service weapon in his Government Quarters could not provide...

S.34 Application Cannot Be Rejected Merely Because Approach Of Court Should Be Not To Interfere With Award: Delhi High Court

The Delhi High Court Bench of Justice Rekha Palli and Justice Saurabh Banerjee have held that the Arbitral Award should not be interfered with lightly, the same does not imply that applications filed under Section 34 ought to be rejected only on the grounds that the approach of the Court should be not to interfere with the award. Additionally, the court held that both the parties,...

Delhi High Court Grants Relief To Mankind Pharma, Restrains Use Of 'Mankind Agri Seeds' Mark

Granting relief to pharmaceutical company "Mankind Pharma", the Delhi High Court has recently restrained a Gujarat based agricultural goods manufacturer entity from using "Mankind Agri Seeds'" mark while advertising or selling its products. Justice Amit Bansal passed the interim order in favour of Mankind Pharma in its trademark infringement suit against Mankind Agri Seeds, observing that a...

Delhi High Court Orders Removal Of 'MH7' Trademark For Infringement Of MH ONE TV Network's Marks

The Delhi High Court has directed the Registrar of Trade Marks to remove the “MH7” trademark from its register, ruling that it infringes upon the trademarks owned by MH ONE TV Network Private Limited.MH ONE TV Network Pvt. Ltd. (petitioner) provides broadcasting services in cable, television and radio. Its 'MH ONE' channel streams Punjabi music and entertainment shows. It has...