Unsafe To Rely On Child's Testimony Which Is Found To Be Tutored: Delhi HC Acquits Step-Father Convicted Under POCSO Act For Raping Minor Daughter

The Delhi High Court on Wednesday acquitted a stepfather who was convicted in 2015 for sexually assaulting and raping his minor daughter in 2014.A division bench of Justice Suresh Kumar Kait and Justice Manoj Jain observed that there were multiple reasons to grant the benefit of the doubt to the convict and that the victim's testimony did not inspire much confidence.The bench said that the...

Delhi High Court Upholds ITAT Order Rejecting Congress' Plea To Stay Notice For Recovery Of Over ₹100 Cr Outstanding Tax

The Delhi High Court on Wednesday upheld the order passed by the Income Tax Appellate Tribunal (ITAT) on March 08 refusing to stay a demand notice issued to Indian National Congress for recovery of outstanding tax of more than Rs. 100 crores for the assessment year 2018-19.“..while we find no ground to interfere with the order impugned, we dispose of the writ petition according liberty to...

Delhi High Court Seeks JNU's Stand On Plea Challenging Conduct Of Student Union Elections

The Delhi High Court on Wednesday sought the stand of the Jawaharlal Nehru University (JNU) on a plea challenging the process of conducting the elections to the Jawaharlal Nehru University Students' Union (JNUSU). Justice Sachin Datta was informed by the counsel appearing for JNU and the varsity's Dean of Students that a reply to the petition shall be filed before Friday, the next date...

Prima Facie No Arbitration Agreement Between Parties, Delhi High Court Dismisses Section 11(5) A&C Petition

The Delhi High Court single bench of Justice Dinesh Kumar Sharma dismissed a petition filed under Section 11 (5) of the Arbitration and Conciliation Act, 1996, noting that prima facie there was no arbitration agreement between Petitioner and Respondent. The High Court noted that Section 8(1), as amended in 2015, mandates the referral of parties to arbitration by a judicial authority...

When Parties Agree For No Interest Payable Till Arbitral Award Is Made, Arbitrator Bound By This Agreement: Delhi High Court

The Delhi High Court single bench of Justice Prateek Jalan held that when parties agree that no interest shall be payable, the Arbitral Tribunal is bound by that agreement. The bench held that that such an agreement is not ultra vires under Section 28 of the Contract Act, 1872. Brief Facts: The Petitioner challenged an Arbitral Award, specifically contesting the portion wherein...

2018 Constitution Club Attack: Delhi High Court Issues Notice On Umar Khalid's Plea Against Discharge Of Accused

Former JNU scholar and activist Umar Khalid has moved the Delhi High Court on Wednesday challenging the discharge of two men of the offence of attempt to murder, who allegedly attacked him outside the Constitution Club of India in 2018. Justice Anoop Kumar Mendiratta issued notice on the plea and sought response of the Delhi Police and the two accused persons. Khalid has challenged an...

Demolition: Delhi High Court Orders No Coercive Action Against Pakistani Hindu Refugee Residing In Camp At Majnu Ka Tila

In an interim order, the Delhi High Court has directed the Delhi Development Authority (DDA) to no take any coercive action against a Pakistani Hindu Refugee residing in the Pakistani Hindu Refugees Camp at city's Majnu Ka Tilla.Justice Mini Pushkarna passed the order after considering the Union Government's statement recorded in another petition in 2013 stating that it shall make endeavour...

Delhi High Court Ceases Mandate Of Unilaterally Appointed Arbitrator Under General Conditions Of Contract

The Delhi High Court single bench of Justice Dinesh Kumar Sharma rejected the contention presented by Respondent, that the unilateral appointment of the arbitrator made in accordance with the contract cannot be challenged and the only option available to the petitioner is to challenge the mandate of the arbitrator. It emphasized that the unilateral appointment of an arbitrator as...

Fraud Regarding Internal Management Of Company Doesn't Go To Root Of Contract, Dispute Is Arbitrable: Delhi High Court

The Delhi High Court single bench of Justice Jasmeet Singh held that fraud alleging regarding the internal management of the company doesn't go to the root of the contract. Therefore, the bench held that the dispute concerning the lack of authority to enter into a contract are arbitrable. The bench held that the Court while deciding a petition under Section 11 of the Arbitration...

Dish TV Cannot Claim Exclusive Right On Use Of 'Dish' Word, Not Entitled For Protection Under Trade Marks Act: Delhi High Court

The Delhi High Court has ruled that Dish TV India Limited cannot claim exclusive right to use the word “Dish” as it is generic in nature which refers to dish antenna and it will not be entitled to be protected under Section 30(2) of the Trade Marks Act, 1999, on a standalone basis.A division bench comprising Justice Vibhu Bakhru and Justice Amit Mahajan observed that the word 'Dish'...

Delhi High Court Reserves Judgment On Congress' Plea Against ITAT Order Refusing Stay On Recovery Of Outstanding Tax

The Delhi High Court on Tuesday reserved judgment on the plea moved by Indian National Congress challenging an order passed by the Income Tax Appellate Tribunal (ITAT) on March 08 refusing to stay a demand notice issued to it for recovery of outstanding tax for the assessment year 2018-19.A division bench comprising Justice Yashwant Varma and Justice Purushaindra Kumar Kaurav reserved the...

Delhi High Court Weekly Round-Up: March 04 To March 10, 2024

Citations 2024 LiveLaw (Del) 253 to 2024 LiveLaw (Del) 285NOMINAL INDEXMaster Arnesh Shaw v. Union of India & Anr. 2024 LiveLaw (Del) 253M/s MAC Associates vs Parvinder Singh 2024 LiveLaw (Del) 254My Preferred Transformation And Hospitality Pvt. Ltd. Vs Panchdeep Constuction Limited 2024 LiveLaw (Del) 255MAHUA MOITRA v. NISHIKANT DUBEY & ORS. 2024 LiveLaw (Del) 256NAAM TAMILAR...