Delhi High Court
Court Acquires Jurisdiction Under Section 11(6) Of Arbitration Act Immediately On Default Of Pre-Arbitral Or Arbitral Procedure: Delhi High Court
The Delhi High Court bench of Justice C. Hari Shankar has held that court acquires jurisdiction under Section 11(6) of the Arbitration and Conciliation Act, 1996 immediately on the default, of either party, in adhering to the pre-arbitral or arbitral procedure envisaged in the contract. Section 11(6) provides that if a party fails to appoint an arbitrator, or if the...
"Actively Addressing Logistical & Infrastructural Challenges": Delhi HC Rejects Plea Seeking Enhanced Access To Live Streaming Of Court Proceedings
The Delhi High Court has recently dismissed a plea seeking enhanced implementation of live streaming of court proceedings and for completing pending work in the live streaming process in a time-bound manner. Justice Sanjeev Narula observed that the existing infrastructure and the gradual expansion plans of live streaming are based on practical assessments by the Delhi High Court's...
Delhi High Court Declares 'Boroline' As Well Known Trademark, Restrains Use Of 'Borobeauty'
The Delhi High Court has declared the word “Boroline”, used for selling an antiseptic ayurvedic cream, as a well-known trademark under the Trade Marks Act. “There is no denying the fact that “BOROLINE” has attained the status of a household name, and is one of the oldest trademarks, which has been in continuous use, preceding the independence of India,” Justice Mini Pushkarna...
Reciprocal Promises In Settlement Agreements Must Be Executed Simultaneously: Delhi High Court
The Delhi High Court bench of Justice Navin Chawla has held in a settlement agreement where both parties have made reciprocal promises, these promises must be executed simultaneously. Brief Facts: The dispute revolved around the execution of a decree from a 2005 suit filed to dissolve the partnership firm M/s Hotel Marina (Decree Holder). The decree, issued in March 2006 based on...
Witnesses In Arya Samaj Mandir Marriages Must Be Genuine And Bonafide: Delhi High Court
The Delhi High Court has declared as void a marriage solemnized between a woman and her real uncle in an Arya Samaj Mandir after a false affidavit was given by the man stating himself to be unmarried when he had a wife and son.A division bench comprising Justice Prathiba M Singh and Justice Amit Sharma saw the photographs of the marriage and noted that apart from the couple, nobody was present...
Independent, Non-Executive Directors Of Company Cannot Be Held Liable Under Section 138 Of NI Act Without Specific Allegations: Delhi High Court
The Delhi High Court bench of Justice Amit Mahajan has held that independent, non-executive directors of an accused company cannot be held liable under Section 138 of the Negotiable Instruments Act, 1881, if the complaints do not include specific allegations detailing their active role in the offence. Brief Facts: The matter pertained to petitions which challenged summoning...
Allegations Of Fraud And Time-Barred Claims Must Be Addressed By Arbitral Tribunal, Not Court: Delhi High Court
The Delhi High Court bench of Justice C. Hari Shankar has held that issues such as allegations of fraud and claims that the applicant's claims are time-barred must be addressed by the arbitral tribunal rather than the court. Brief Facts: The matter pertained to a petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 which sought the reference of a dispute...
Delhi High Court Orders Website To Pay Rs. 5 Lakh Costs To Louis Vuitton For Unauthorised Use Of Copyrighted Photos
The Delhi High Court has recently ordered Rs. 5 lakhs as costs in favour of famous French luxury brand Louis Vuitton in its suit against a website for use of its photographs without authorization.Justice Mini Pushkarna directed the website, www.haute24.com and its owner to pay the costs to Louis Vuitton, which is situated in France, directly.The court also injuncted the website from using...
Denial Of Admission To Any Child After Seat Allotment By Directorate Of Education Violates Objectives Of RTE Act: Delhi High Court
The Delhi High Court has observed that denial of admission to any child once allotment of seat is done by the Directorate of Education (DoE) would be in violation of the objectives which the Right to Education Act seeks to achieve.Justice Purushaindra Kumar Kaurav said that once an impression of legitimate expectation of admission is triggered in the minds of students who successfully find...
Constitutional Courts Entertaining Writ Petitions Without Proper Caution Would Breach Trust Of Genuine Litigants: Delhi High Court
The Delhi High Court has observed that a writ petition under Article 226 of Constitution of India, which alleges encroachment on government land, cannot be entertained if it requires the court to conduct a 'roving or fishing enquiry' into disputed facts of the case.Justice Purushaindra Kumar Kaurav observed that Article 226 is a public law remedy and cautioned that entertaining writ...
Delhi High Court Dismisses Challenge To Rule Requiring Filing Of Written Statement Within 120 Days, Says Original Side Rules Override CPC Provisions
The Delhi High Court has upheld the constitutionality of Rule 4, Chapter VII of the Delhi High Court (Original Side) Rules, 2018, which mandates that a written statement has to be filed within 120 days, including in non-commercial matters.The Division Bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna held that the High Court is empowered to frame its own rules and procedure in...
Delhi High Court Convicts Two Men In Head Injury Case After 15 Years
The Delhi High Court has recently overturned acquittal of two men and convicted them after over 15 years for intentionally inflicting injury on a man's head with a sharp object that could have resulted in his death.Justice Neena Bansal Krishna set aside the acquittal order passed by the trial court on October 01, 2008, and convicted both the accused persons for the offences under Section...