Delhi High Court
'Subsequent Shareholders' Do Not Qualify As 'Association Or Body of Individuals' Under Section 2(1)(f)(iii) Of Arbitration Act: Delhi High Court
The Delhi High Court bench of Justice Prateek Jalan has held that “subsequent shareholders,” each holding a specific number of shares and having the right to exit the company under defined conditions while undertaking individual rights and obligations, do not qualify as an "association or body of individuals" under Section 2(1)(f)(iii) of the Arbitration and Conciliation...
Decree Holder Not Entitled To Interest For Period Between Deposit of amount and its Release : Delhi High Court
The Delhi High Court bench of Justice C. Hari Shankar has held that the Decree Holder is not entitled to interest on the amount deposited by the Judgment Debtor for the period between the date of deposit and the date of release permitted by the court. The bench held that the entitlement to interest does not extend to the period between the deposit and the withdrawal application if...
Intention To Arbitrate Must Be Assessed Holistically In Transactions Involving Interlinked Agreements, Even If Some Agreements Lack Explicit Arbitration Clauses: Delhi High Court
The Delhi High Court single bench of Justice Pratibha M. Singh held that in a composite transaction involving multiple interlinked agreements, courts should assess the intention to arbitrate holistically and refer disputes to arbitration even if some agreements lack explicit arbitration clauses. Brief Facts: Nishesh Ranjan and Vandana Srivastava (“Petitioners”) entered into...
AAP Leader Somnath Bharti Moves Delhi High Court Challenging Election Of BJP MP Bansuri Swaraj
Aam Aadmi Party (AAP) leader Somnath Bharti has moved the Delhi High Court challenging the election of BJP's Bansuri Swaraj as Member of Parliament from New Delhi Parliamentary Constituency in the Lok Sabha Polls, 2024, on the grounds of 'corrupt practices'. The matter will be heard on Monday by Justice Manmeet Pritam Singh Arora. Bharti also contested the seat but was declared as lost by...
Umar Khalid Moves High Court Seeking Bail In Delhi Riots Larger Conspiracy Case, Hearing On Monday
Umar Khalid has moved the Delhi High Court seeking bail in connection with the Delhi riots larger conspiracy case registered under the Unlawful Activities (Prevention) Act.A division bench comprising of Justice Prathiba M Singh and Justice Amit Sharma will hear the matter on Monday. Khalid's second bail plea was denied by the trial court on May 28. He has challenged the said order in...
Delhi High Court Upholds Demolition Of Shiv Temple Near Yamuna Flood Plains, Says Eco-Sensitive Zone Must Be Protected From Encroachment
The Delhi High Court upheld the decision of the Single Judge Bench concerning the demolition order issued by the Delhi Development Authority (DDA) for a Shiv Temple located near Yamuna Flood Plains. The court asserted that as the Yamuna River Floodplain is an eco-sensitive zone, it needs to be protected from encroachments and illegal constructions.The appellant, Prachin Shiv Mandir, filed...
Section 11(6) Petition Not Maintainable Without Prior Section 21 Notice In Arbitration Proceedings: Delhi High Court
The Delhi High Court bench of Justice C. Hari Shankar has held that a Section 11(6) petition under Arbitration and Conciliation Act, 1996 is not maintainable unless it is preceded in the first instance by a Section 21 notice. The bench noted that the notice serves the crucial purpose of informing the opposing party about the claims asserted, allowing for...
Delhi High Court Declines PIL Against YouTube Vloggers Uploading Videos Of Women, Minor Girls Without Consent
The Delhi High Court has recently refused to entertain a public interest litigation (PIL) seeking removal of videos of women and minor girls uploaded on YouTube without their consent.The PIL was withdrawn as the division bench headed by Acting Chief Justice Manmohan expressed disinclination to entertain the plea. The plea, moved by three individuals, also sought action against vloggers...
Interim Measures U/s 17 Of Arbitration Act Affecting Third-Party Rights Is Appealable: Delhi High Court
The Delhi High Court bench of Justice Jasmeet Singh has held that a third party, whose rights for a registered charge are affected by an arbitral award, can challenge such award under Section 37 of the Arbitration and Conciliation Act, 1996. The bench held that: “the appellant herein has charge duly registered in its favour and that being the position, the charge in favour of...
'High Time To Think What DDA Has Done To Delhi': High Court Expresses Displeasure Over Failure To Beautify District Park
The Delhi High Court has castigated the Delhi Development Authority (DDA) for failing to take any time-bound beneficial measures for beautification of a District Park in the national capital, observing there is no proper concrete walking track or multi game courts there. “Unhesitatingly, it is manifest that the respondent/DDA does not know what to do with this site in question. Is it not...
High Court Asks Delhi Govt To Implement Hybrid Courts Project On Priority Basis, Says No Cabinet Approval Required
The Delhi High Court has recently directed the Delhi Government to expedite grant of financial sanction of Rs. 387 crores and to implement on priority basis the project for having hybrid hearing in the 691 Courts in the national capital.A division bench comprising of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela clarified that a comprehensive tender for all the district...
FIR Lodged Under IPC But Anticipatory Bail Plea Filed After Enforcement Of New Criminal Laws, Delhi High Court Says BNSS Should Apply
The Delhi High Court has observed that procedure with respect to anticipatory bail pleas filed in relation to FIRs lodged prior to enforcement of new criminal laws should be governed by the Bharatiya Nagarik Suraksha Sanhita 2023, if the date of filing such application is on or after July 1, 2024.Justice Anup Jairam Bhambhani reasoned that Section 531(2)(a) BNSS prescribes that proceedings...