Delhi High Court
'Central Delhi Court Bar Association' Shall Be Recognized As Court Annexed Bar Association For Rouse Avenue Court: Delhi High Court
The Delhi High Court has ruled that the Central Delhi Court Bar Association shall be the recognized as the Court annexed Bar Association for the Rouse Avenue District Court Complex in the national capital. “This, we hold is dehors the power of the Bar Council of Delhi to constitute a Bar Association under the Bar Association (Constitution, Recognition & Conduct of Election) Rules,...
Defamation: Delhi High Court Directs Take Down Of Tweets Against Senior Advocate Gaurav Bhatia, Orders YouTube Videos To Be Made Private
The Delhi High Court on Tuesday passed an ad-interim injunction order in favour of Senior Advocate Gaurav Bhatia in his defamation suit against various YouTube channels and X users for posting allegedly “defamatory content” against him over an assault on him last month during a lawyer's strike at the Gautam Budh Nagar District & Sessions Court.Justice Neena Bansal Krishna disposed...
Delhi High Court Rejects Plea Challenging Dissolution Of Maulana Azad Education Foundation
The Delhi High Court on Tuesday dismissed a plea challenging the Union Government's decision to dissolve the Maulana Azad Education Foundation (MAEF) which was set up in 1989 for promoting education among educationally backward minorities.A division bench comprising Acting Chief Justice Manmohan and Justice Mini Pushkarna rejected the public interest litigation (PIL) moved by Dr. Syeda...
Delhi High Court Weekly Round Up: April 08 To April 14, 2024
Citations 2024 LiveLaw (Del) 418 to 2024 LiveLaw (Del) 450NOMINAL INDEXHarish Chandra T & Ors v. ICAI 2024 LiveLaw (Del) 418Canara Bank Versus Assistant Commissioner, DGST 2024 LiveLaw (Del) 419Agra Portfolio Pvt. Ltd. Versus Pr. Commissioner Of Income Tax 2024 LiveLaw (Del) 420DILIP RAY v. CENTRAL BUREAU OF INVESTIGATION 2024 LiveLaw (Del) 421M/S. P.M. DIESELS P. LTD v. M/S....
Jurisdiction Of MSEF Council Wrongly Invoked, Time Spent Therein Excluded From Limitation: Delhi High Court
The High Court of Delhi has held that when the jurisdiction of the MSEF Council is wrongly invoked due to uncertainty in law, the time spent before the Council would not be counted while calculating limitation. The bench of Justice Pratibha M. Singh held that benefit of Section 14 of Limitation Act, which exempts the bond fide time spent before the wrong forum, would be given in such...
Notice Of Dispute To MSEF Council Under Section 18 Of MSMED Act Can Be Considered As Notice Of Arbitration Under Section 21 Of The A&C Act: Delhi High Court
The High Court of Delhi has held that a notice given by a party invoking jurisdiction of MSEF Council under Section 18 of the MSMED Act can be considered to be a notice of arbitration required under Section 21 of the A&C Act. The bench of Justice Pratibha M. Singh held that prior to the judgment of the Supreme Court in Gujarat State Civil Supplies Corporation and...
Insistence On Pre-Arbitral Steps Would Be Meaningless When The Respondent Fails To Give Reply To Notices Issued By The Petitioner: Delhi High Court
The bench of Justice Prathiba M. Singh of Delhi High Court has held that pre-arbitral steps providing for resolution of disputes through mutual talks or through Ombudsman would lose its relevance when a party fails to give reply to notices issued by the other party seeking amicable settlement. Facts The parties entered into a Redistribution Stockist Agreement dated 14.07.2021...
False Implication In Child Abuse Cases More Painful Than Rigours Of Trial And Imprisonment: Delhi High Court
While acquitting a man in a POCSO FIR as there were “serious flaws and gaps” in the prosecution case, the Delhi High Court has observed that a false case of an alleged child abuser suffers a blot to social stigma which is more painful than the rigours of trial and imprisonment. “A child abuser in the eventuality of false implication even continues to suffer a blot of social stigma which...
Plea In Delhi High Court To Disqualify PM Narendra Modi From Elections For Allegedly Seeking Votes In Name Of Religious Deities
A petition has been filed before the Delhi High Court seeking action against Prime Minister Narendra Modi for allegedly seeking votes for the Bhartiya Janata Party (BJP) in the name of Hindu as well as Sikh deities and place of worships. The plea has been moved by one Anand S Jondhale, a lawyer by profession. Jondhale seeks a direction on the Election Commission of India (ECI) to disqualify...
Service On Whatsapp Number And Email Address Mentioned In The Agreement Constitutes A Valid Service: Delhi High Court
The Single Bench of Justice Prateek Jalan of High Court of Delhi has held that service of the petition on the WhatsApp number and the Email address mentioned in the agreement between the parties constitutes a valid service. Facts The parties entered into a lease agreement dated 21.03.2018 wherein a vehicle was leased out by the petitioner to respondent no.1. Clause 10.2 of...
Arbitrator Can Award Compensation On 'Guesswork' When Loss Is Difficult To Prove Subject To Maximum Amount Payable Under LD Clause: Delhi High Court
The High Court of Delhi has held that an arbitrator is empowered to award compensation to an aggrieved party that has suffered losses on the basis of 'rough and ready method' or 'guesswork' when the loss is difficult to prove. The bench of Justices Rajiv Shakdher and Amit Bansal held that as long as there is material available with the arbitrator that damages have been suffered, but...
Acquittal From Predicate Offence Would Lead To Cessation Of Consequential Proceedings Including Attachment Under PMLA: Delhi High Court Reiterates
The Delhi High Court has reiterated that if the elementary foundation i.e., the scheduled offence is itself removed, consequential proceedings under the Prevention of Money Laundering Act, 2002 shall also fall.The division bench comprising Justices Purushaindra Kumar Kaurav And Yashwant Varma observed, “the appellant-Jeevan Kumar had already been acquitted of the scheduled offence, there can...