Delhi High Court Weekly Round-Up: April 15 To April 21, 2024

Citations 2024 LiveLaw (Del) 451 to 2024 LiveLaw (Del) 472NOMINAL INDEXPRAGATI SHRIVASTAVA v. THE SECRETARY, CENTRAL BOARD OF SECONDARY EDUCATION AND ANR 2024 LiveLaw (Del) 451Rajiv Channa Vs Union Of India 2024 LiveLaw (Del) 452Cobra Instalaciones Y Servicios v. Haryana Vidyut Prasaran Nigal Ltd 2024 LiveLaw (Del) 453Lease Plan India Pvt Ltd v. Rudrakash Pharma Distributor 2024 LiveLaw...

Arbitrator Failed To Deal With Material Contentions, Arbitral Award Would Not Satisfy The Requirement Of A Reasoned Award: Delhi High Court

The High Court of Delhi has held that when the arbitral tribunal fails to deal with submissions of a party on a contentious issue, the resultant award would not fulfil the requirements of a reasoned award as required under Section 31 of the A&C Act. It held that the tribunal cannot simply accept unquantified claims without assigning reasons and without dealing with the objections...

Ensure PG Seats Allotment In St Stephen's College Is Not Disproportionate: High Court To Delhi University

The Delhi High Court on Monday directed the Delhi University (DU) to ensure that henceforth, the allocation or allotment of PG seats in St Stephen's College is not disproportionate. Justice C Hari Shankar said that while ensuring the allocation, DU may consider the infrastructure available with the concerned College and the number of UG students in that course of study admitted....

Mandate Of The Arbitrator Cannot Be Terminated When The Delay Was Not Attributable To Arbitrator: Delhi High Court

The bench of Justice Neena Bansal Krishna of Delhi High Court has held that mandate of the arbitrator cannot be terminated when the delay in proceedings was on account of pendency of appeal against the decision of the arbitral tribunal. The Court held that time consumed in the appeal and the consequent SLP and clarificatory applications cannot be attributed to the arbitral tribunal...

Arbitrator Appointment Cannot Be Called Unilateral When Respondent Consented To Appointment From Panel Of 5 Names: Delhi High Court

The High Court of Delhi has held that the appointment of the arbitrator cannot be called unilateral when the tribunal was constituted pursuant to the consent by the respondent to the appointment from a panel of 5 names. The Bench of Justice Prathiba M.Singh held that appointment of arbitrator from a panel of 5 names consisting of retired govt. officials would be valid in terms of...

While Court's Jurisdiction Is Limited At The Time Of Making A Reference, It Is Not Expected To Mechanically Refer Dispute To Arbitration: Delhi High Court

The Delhi High Court single bench of Justice Dinesh Kumar Sharma has held that while the court's jurisdiction is limited at the time of making a reference, it is not expected to mechanically refer the dispute to arbitration. The Court also held that once a party has chosen to file a civil suit to get the disputes resolved, it cannot be permitted to invoke arbitration when the suit...

Delhi High Court Imposes 5 Lakhs Rupees Cost On A Party For Failure To Disclose An Unfavourable Order Under SARFAESI Act While Seeking Interim Relief Under Arbitration Act

The High Court of Delhi has imposed costs of Rs. 5 lakhs on a party that failed to disclose an unfavourable order under SARFAESI Act while seeking interim relief under Section 9 of the A&C Act. The bench of Justice Prathiba M. Singh held that pendency of proceedings under SARFASI Act is not a bar on initiation of proceedings under A&C Act, however, a party must disclose a...

Debt Acknowledged In Letters, Delhi High Court Grants Benefit Of Section 18 To Hold Invocation Of Arbitration Within Limitation

The High Court of Delhi has held that assurance given by a party to repay the debts in letter issued to the other party would amount to an acknowledgement of the debt within the meaning of Section 18 of the Limitation Act. The bench of Justic Prathiba M. Singh held that such an acknowledgement would give rise to a fresh cause of action and the period of limitation would run afresh...

Delhi High Court Dismisses PIL Seeking Release Of CM Arvind Kejriwal On Extraordinary Interim Bail, Imposes ₹75K Costs

The Delhi High Court on Monday dismissed a PIL seeking release of Chief Minister Arvind Kejriwal on “extra ordinary interim bail” in all the criminal cases registered by against him, including the Enforcement Directorate (ED), which are pending for inquiry or trial, till completion of his tenure.A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh...

Delhi High Court Issues Notice On Plea By Harsh Mander, Centre For Equity Studies To Quash CBI FIR Over 'FCRA Violations'

The Delhi High Court on Monday issued notice on a plea moved by activist Harsh Mander and his NGO, Centre for Equity Studies, seeking quashing of an FIR registered against them by the Central Bureau of Investigation (CBI) over alleged violation of the Foreign Contribution (Regulation) Act. Justice Vikas Mahajan directed the probe agency to file a status report and listed the matter for hearing...

BJD MP Pinaki Misra Files Defamation Suit Against Lawyer Jai Anant Dehadrai In Delhi High Court

Biju Janata Dal MP Pinaki Misra has filed a suit against Advocate Jai Anant Dehadrai to restrain him from publishing or circulating allegedly false and defamatory allegations against him. In the suit, Misra has said that after personal differences arose between Dehadrai and TMC leader Mahua Moitra, the lawyer made a barrage of allegations not only against her but persons with whom she shared...

Delhi High Court Rules In Favour Of Bhaktivedanta Book Trust In ISKCON Copyright Infringement Case

The Delhi High Court has ruled in favour of Bhaktivedanta Book Trust, which reproduces the writings and speeches of ISKCON founder Srila Prabhupada, in its suit against a website over copyright infringement. Justice Anish Dayal decreed the suit against the website www.friendwithbooks.co, which was carrying copies of the books in which copyright vests with the Trust, without any authorization....