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(PIL) seeking removal of videos of women and minor girls uploaded on YouTube without their consent.The PIL was withdrawn as the division bench headed by Acting Chief Justice Manmohan expressed disinclination to entertain the plea.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...

Arbitrator's Findings As Per Evidence And Testimony Is Not Perverse, No Need To Interfere: Delhi High Court

The Delhi High Court bench of Justice Jasmeet Singh has held that findings made by an arbitrator which are consistent with the documentary evidence and admissions made during cross-examination are reasonable and not perverse. The High Court referred to the decision of the Supreme Court in Associate Builders v. DDA (2015) 3 SCC 49 where the Supreme Court held that the grounds...

Moin Qureshi Case: Delhi High Court Upholds PMLA Proceedings Initiated Against Businessman Sathish Babu Sana

The Delhi High Court on Friday upheld the money laundering proceedings initiated against Businessman Sathish Babu Sana in relation to the PMLA case involving meat exporter Moin Qureshi and other persons.A division bench comprising of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna dismissed the appeal moved by Sana challenging the summons issued to him on July 19 and 25, 2019....

Only If Appeal Is 'Pending' Before Enforcement Of BNSS, Can It Be Continued Under CrPC: Delhi High Court's "Possible Interpretation"

Giving a “possible interpretation” of Section 531(2)(a) of the Bharatiya Nagarik Suraksha Sanhita 2023, the Delhi High Court said that only if an appeal is pending before the new law came into force, can such an appeal be continued under the Cr.P.C.Justice Anup Jairam Bhambhani said,“As per the general, settled principle of law, an appeal is considered to be a continuation of the...

Delhi High Court Holds DDA And Its Officials Guilty Of Contempt In Land Allotment Case

The Delhi High Court has held the Delhi Development Authority (DDA) and its officials, the Vice Chairman and the Deputy Director (Land Disposal), to be in contempt of the court's orders in a case relating to land allotment.Justice Dharmesh Sharma passed the contempt order against the DDA, which filed the present application for recall of the High Court's order dated 11.07.2022 directing the...

Magistrate's Clear Application of Mind Necessary For Issuance of Summons Under Section 138 Of NI Act: Delhi High Court

The Delhi High Court bench of Justice Anup Jairam Bhambhani has held that the issuance of summons under Section 138 of the Negotiable Instruments Act, 1881 requires a clear application of mind. The bench held that this application of mind must be evident upon reading the summoning order; the appellate or revisional court should not have to speculate about the considerations of...

Three Additional Judges Of Delhi High Court Made Permanent

The Union Government has notified the appointment of three additional judges of the Delhi High Court as permanent. The three judges are Justice Girish Kathpalia, Justice Manoj Jain and Justice Dharmesh Sharma. Union Law Minister Arjun Ram Meghwal made the announcement on X, formerly Twitter. Justice Kathpalia, Justice Jain and Justice Sharma were appointed as additional judges of the Delhi...