Once Party Submits Itself To Jurisdiction Of Court And Abandons Section 8 Application, Cannot Seek Reference u/s 8: Delhi High Court

The Delhi High Court single bench of Justice Neena Bansal Krishna held that held that once a defendant submits itself to the jurisdiction of the Court and abandons its application under Section 8, it cannot subsequently seek referral of the disputes to arbitration under Section 8 of the Arbitration Act. Brief Facts: The Defendant No.1 field an application in Delhi High Court...

Tax Invoices Stating Arbitration Clause Binds Parties To Arbitration: Delhi High Court Refers Parties To Arbitration

The Delhi High Court single bench of Justice Prathibha M. Singh held that the tax invoices explicitly containing the arbitration clause and parties without raising any dispute concerning it are legally bound by the arbitration clause. “In the present case, the parties have a running account which is not in dispute. Two purchase orders may have been placed by the Respondent and...

Section 3 A&C | Deemed Service Is Rebuttable, If Party Establishes Delivery Could Not Be Made Despite Fulfilling Conditions u/s 3: Delhi High Court

The Delhi High Court single bench of Justice Manoj Kumar Ohri held that the delivery of a signed copy of the arbitral award to a party isn't merely procedural but confers a substantive right upon them to challenge the award within the statutory period. The bench held that the presumption of deemed service under Section 3 of the Arbitration Act is rebuttable and can be negated if a...

One Party Cannot Appoint 2/3rd Of The Arbitral Tribunal: Delhi High Court

The High Court of Delhi has held that a panel for appointment of arbitrator cannot be restricted to mere 3 names as it would violate broad-based representation. Moreover, one party cannot appoint 2/3rd members of the arbitral tribunal as it would violate principles of neutrality and counter-balancing. The bench of Justice Dinesh Kumar Sharma also held that a petition under...

BREAKING | PIL To Remove Arvind Kejriwal From Post Of Delhi Chief Minister Filed In High Court

A PIL has been filed before the Delhi High Court seeking removal of Arvind Kejriwal from the post of Chief Minister of Delhi. Kejriwal has been arrested by Enforcement Directorate in the liquor policy case. Hearing of ED's application seeking his remand is currently underway at city's Rouse Avenue Court.The plea has been moved by one Surjit Singh Yadav, a Delhi resident claiming to be a...

Delhi High Court Dismisses Congress Party's Pleas Against Tax Re-Assessment Proceedings

The Delhi High Court on Friday dismissed the pleas moved by the Indian National Congress against the initiation of income tax re-assessment proceedings against it for three years (2014-15, 2015-16 and 2016-17) by the tax authorities.A division bench comprising Justice Yashwant Varma and Justice Purushaindra Kumar Kaurav said that Congress had chosen to approach the court only a few days...

Crucial To Recognize Emotional Toll Of Delays In Rape Trials, Victim's Appearances For Deposition Must Be Minimum: Delhi High Court

The Delhi High Court has observed that it is crucial to recognize the “emotional toll” of delays in the trial on rape victims and emphasised that their appearances in court for the purpose of deposition must be minimum. “Recognizing the emotional toll of such delays is crucial in ensuring that survivors are treated with the sensitivity and respect they deserve throughout the...

Proper System To Regulate Pathological Labs Will Be Put In Place At The Earliest: Delhi Health Minister, Secretary Assure High Court

Delhi Health Minister and Health Secretary yesterday assured the Delhi High Court that a proper, fair and reasonable system of regulation of pathological labs in the national capital shall be put in place at the earliest. The undertaking was given before a division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora which was hearing a batch of pleas concerning the...

ED Arrests Delhi Chief Minister Arvind Kejriwal In Liquor Policy Case

The Enforcement Directorate (ED) on Thursday arrested Delhi Chief Minister Arvind Kejriwal in the money laundering case related to the alleged liquor policy scam. Earlier today, a division bench of Delhi High Court refused to pass orders granting interim protection from coercive action at this stage to Kejriwal in the case.Kejriwal has moved the Delhi High Court challenging the summons issued...

Delhi High Court Refuses To Grant Interim Protection From ED Arrest To CM Arvind Kejriwal In Liquor Policy Case

The Delhi High Court on Thursday refused to pass orders granting interim protection from coercive action at this stage to Chief Minister Arvind Kejriwal in the money laundering case related to the alleged liquor policy case. “We have heard both the sides. However, at this stage, we are not inclined [to pass any order],” a division bench comprising Justice Suresh Kumar Kait and Justice...

Unless Clear Contrary Intention, Venue In Arbitration Clause Should Be Seat Of Arbitral Proceedings: Delhi High Court Rejects Section 11 Petition

The Delhi High Court single bench of Justice Anup Jairam Bhambhani held that if there are no clear indications to the contrary, the venue specified in an arbitration clause should be considered as the seat of arbitral proceedings. It underscored importance of discerning the intention of the parties by examining the entirety of the contract's terms. Brief Facts: The Petitioner...

Waiver Under Section 12(5) A&C Not Inferred From Conduct Of Party, Even If It Participates In Arbitration: Delhi High Court Sets Aside Arbitral Award

The Delhi High Court single bench of Justice Prateek Jalan dismissed the contention that a party can waive its right to object to the arbitrator's appointment through its conduct. It underscored that any waiver under Section 12(5) of the Arbitration and Conciliation Act must be explicit and in writing. It noted that there is no room for implying a waiver of rights under Section 12(5)...