Delhi High Court
Mere Mention Of Individual's Name In Suicide Note Can't Be Sole Basis Of Trial For Abetment Of Suicide: Delhi High Court
The Delhi High Court has observed that the mere mention of an individual's name in a suicide note cannot be the sole basis for prosecuting him or her to face trial or conviction for the offence of abetment of suicide.“Mere mention of the name of certain individual(s) in the suicide note, stating therein that they are responsible for his death cannot ipso facto be the sole basis for putting...
'Don't Involve Us In Political Thicket': Delhi High Court Dismisses Third Plea To Remove Arvind Kejriwal From CM Post, Says Will Impose Costs
The Delhi High Court on Wednesday came down heavily on former Aam Aadmi Party MLA Sandeep Kumar for filing a petition seeking removal of Arvind Kejriwal from the post of Chief Minister of Delhi. This is the third petition seeking such a relief. Earlier two pleas have been rejected.Kejriwal is presently in judicial custody in an ED case relating to the excise policy. Yesterday, the court...
Decision Of Arbitral Tribunal To Not Implead A Party To Arbitration Is Not An 'Interim Award': Delhi High Court
The Single Bench of Justice Prateek Jalan of High Court of Delhi has held that a decision of the arbitral tribunal to refuse to implead a party to the arbitral proceedings does not constitute an 'Interim Award' which can be directly challenged under Section 34 of the Act pending arbitral proceedings. Facts The parties entered into a concession agreement dated 15.07.2011....
Suo Moto Extension Of Limitation By Supreme Court| The Balance Days Of Limitation Left On 15.03.2020 Would Become Available W.E.F. 01.03.2022: Delhi High Court
The High Court of Delhi has held that the balance days of limitation which were available to a party on 15.03.2020 would become available with effect from 01.03.2022, which is the day on which the benefit of the Suo Moto Extension by the Supreme Court expired. The bench of Justice Prathibha M. Singh held that a petition under Section 11(6) of the A&C Act would not be time barred...
Delhi High Court Criticizes JNU For Taking Coercive Action By Rusticating Students In Derogation Of Its Rules, Principles Of Fair Play
While dealing with a PhD scholar's plea against her rustication, the Delhi High Court has said that the Jawaharlal Nehru University (JNU) is taking coercive action by rusticating students in complete derogation of its own Rules and in total disregard of principles of natural justice and fair play. Justice C Hari Shankar stayed an office order issued by the Office of Chief Proctor of the...
'Amul' Has Gained Nation-Wide Reputation, Trademark Protection Would Transcend All Classes: Delhi High Court
The Delhi High Court has observed that the trademark 'AMUL' has gained a wide, expansive, comprehensive and nation-wide reputation and its products have gone far beyond milk which are now available not only in shops and retail stores, but also in shops which are operated or franchised by it. “The mark 'AMUL' has therefore acquired huge, undiluted, enduring significance and is relatable...
Registration Of Shares In Favor Of The Pledgee As The "Beneficial Owner" Does Not Amount To A Sale Of Shares: Delhi High Court
The High Court of Delhi has held that mere registration of shares in favor of the pledgee as the "beneficial owner" does not amount to a sale of shares, and the pledgee is not required to account for any sale proceeds until the shares are actually sold to a third party. The bench of Justice Neena Bansal Krishna held that the pledgee's right of redemption of shares remains...
Delhi High Court Issues Directions On Management Of Drainage System, Water Logging And Yamuna River Rejuvenation
The Delhi High Court has recently issued slew of directions on the management of drainage system in the national capital, rejuvenation of water bodies, Yamuna river including its flood plains and rain water harvesting. A division bench comprising of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora said that Delhi has been facing the fury of river Yamuna in spate year...
Political Party Can Be Brought Under PMLA, Kejriwal Would Be Liable For Affairs Of AAP Under Section 70(1): Delhi High Court
While dismissing the plea moved by Delhi Chief Minister Arvind Kejriwal challenging his arrest in the liquor policy case, the Delhi High Court on Tuesday said that a political party can be brought within the purview of Prevention of Money Laundering Act, 2002.Justice Swarana Kanta Sharma made the observation while analyzing Section 70 of PMLA (offences by companies) and Section 2(f)...
'Politically Motivated': Indian National Congress Opposes PIL Against Use Of Acronym 'INDIA' Before Delhi High Court
The Indian National Congress has opposed before the Delhi High Court a PIL against the use of the acronym I.N.D.I.A (Indian National Developmental Inclusive Alliance) by the newly formed alliance of opposition political parties. In its affidavit, Congress has said that the PIL is premised solely on prejudices and presumptions, is politically motivated and frivolous in nature. “What is...
Final Determination On Question Of Arbitrability Should Be Made By The Arbitrator: Delhi High Court
The High Court of Delhi has held that final determination on the issue of arbitrability of the dispute and the subject matter should be made by the arbitrator. It held that the scope of Court exercising power under Section 11 of the A&C Act is limited to a prima facie examination of the existence of the agreement. The bench of Justice Prateek Jalan held that the Court can...
AO Is Not Clothed With Powers To Ascertain ALP Of Any International Transaction: Delhi High Court
The Delhi High Court has held that AO is not clothed with the powers to ascertain the Arm's Length Price (ALP) of any international transaction.The bench of Justice Yashwant Varma and Justice Purushaindra Kumar Kaurav has observed that the AO is not clothed with the powers to ascertain the ALP of any international transaction that is selected based on the transfer pricing risk...