Arbitral Award Without Rationale For Damages Is Ex Facie Contrary To Settled Law, Can Be Set Aside: Delhi High Court

The Delhi High Court bench of Justice Sachin Datta has observed that any award of damages, on the touch stone of Section 73 of the Indian Contract Act, must be predicated on actual loss suffered. The court set aside the award for not disclosing the rationale for damages and, on this count, held that the award was ex facie contrary to settled law and in manifest disregard of...

Delhi High Court Orders Release Of Life Convict 26 Years After Incarceration, Calls For 'Deeper Consideration' In SRB Decisions

The Delhi High Court has ordered release of a murder convict serving life imprisonment 26 years after his incarceration by quashing the decision of Sentence Review Board (SRB) rejecting his plea for premature release by calling it arbitrary, irrational and illogical.Referring to various scholars, Justice Anish Dayal underscored that SRB procedures require “better compliance and...

'Basis For Acquittal Should Be Strictly Looked Into Before Rejection', Delhi High Court Grants Appointment To Candidate As SI

A Division Bench of the Delhi High Court comprising of Justices C Hari Shankar and Sudhir Kumar Jain set aside the Order of the Screening Committee cancelling the appointment of a candidate based on an FIR lodged against him. Despite acquittal, the Screening Committee had cancelled the Petitioner's appointment to the Post of SI. The Bench held that the Screening Committee ought to...

Forfeiture Of Earnest Money Deposit Requires Proof Of Actual Loss: Delhi High Court

The Delhi High Court bench of Justice Sachin Datta has upheld the Arbitral Award wherein the Tribunal had ordered a refund of Earnest Money Deposit (EMD) as the petitioner had failed to prove any actual loss. The court, in light of Sections 73 and 74 of the Indian Contract Act, observed that forfeiture of the EMD requires proof of actual loss. Brief Facts: The dispute arose in...

De-Jure Ineligibility To Act As Arbitrator U/S 12(5) Of Arbitration Act Can Be Waived Only By Express Agreement In Writing: Delhi High Court

The Delhi High Court bench of Justice Sachin Datta affirmed that de jure ineligibility to act as an arbitrator can only be waived, after dispute having arisen, by the parties by an express agreement in writing under proviso to section 12(5) of the Arbitration Act. The court further observed that this waiver is different from section 4 of the Act which can be waived even by...

Delhi High Court Cancels LOC Against Ashneer Grover, Wife After Quashing Of EOW FIR

The Delhi High Court yesterday ordered cancellation of the look out circular (LOC) issued against former BharatPe Managing Director Ashneer Grover and his wife Madhuri Jain Grover after quashing of Delhi Police's Economic Offences Wing's (EOW) FIR registered last year. Justice Sanjeev Narula passed the order after he was informed that a coordinate bench had yesterday quashed the FIR. The...

Liquor Policy: Delhi High Court Issues Notice On Arvind Kejriwal's Plea Against Maintainability Of ED Complaint

Former Delhi Chief Minister and Aam Aadmi Party (AAP) supremo Arvind Kejriwal moved the Delhi High Court on Tuesday (November 12) challenging the maintainability of complaint filed by the Enforcement Director's (ED) in the alleged liquor policy scam. He has challenged a a trial court order passed on September 17 rejecting his plea challenging the summons issued to him on ED's complaint.A...

Award Cannot Be Set Aside U/S 34 Of Arbitration Act If View Taken By Arbitrator Is A Plausible View: Delhi High Court

The Delhi High Court bench of Justice Sachin Datta has held that conduct of the parties has to be seen before granting equitable relief for specific performance of the contract. If the conduct of the parties does not demonstrate that the party claiming relief is ready and willing to perform his part of the contract then the relief under the Specific Relief Act cannot be granted. The...

Inordinate, Unexplained Delay In Passing Award After Conclusion Of Arguments Can Be Ground To Set Aside U/S 34 Of Arbitration Act: Delhi High Court

The Delhi High Court bench of Justice Sachin Datta has held that inordinate and unexplained delay in passing an award from the date of the conclusion of the pleadings can be a ground to set it aside under section 34 of the Arbitration Act. In this case, the award was passed after more than 2 years from the conclusion of the arguments. Brief Facts The present petition under Section...

Scope Of Review U/S 37 Is Limited To Ascertaining Compliance With S. 34 Of Arbitration Act: Delhi High Court

The Delhi High Court bench of Justices Rekha Palli and Saurabh Banerjee affirmed that the Court under section 37 of the Arbitration Act cannot undertake an independent assessment of the merits of the award, and must only ascertain that the exercise of power by the Court under Section 34 has not exceeded the scope of the provision Brief Facts The present appeal under Section 37 (1)...

Mankind v. Aquakind: Delhi High Court Issues Ex-Parte Interim Injunction Against Sale Of Pharma Products With 'KIND' Formative Trademarks

The Delhi High Court has issued a temporary injunction in favour of Mankind Pharma Limited, against the sale of its medical and pharmaceutical goods with the trademark 'MANKIND' and 'KIND' formative marks.Mankind Pharma (plaintiff) is a pharmaceutical company and it has registered the trademark 'MANKIND' for various goods and services. Mankind Pharma also uses several trademarks with the...

1984 Anti-Sikh Riots: Congress Leader Jagdish Tytler Moves Delhi High Court To Stay Trial In Murder Case

Congress leader Jagdish Tytler on Monday (November 11) approached the Delhi High Court seeking stay on the trial court proceedings against him in a case relation to the killing of three individuals during the 1984 anti-Sikh riots.Tytler has sought stay on trial court proceedings till the pendency of his petition before High Court challenging the framing of murder charges against him. A...