Delhi High Court Weekly Round-Up: October 10 To October 16, 2022

Citations 2022 [LiveLaw (Del) 946 TO 2022 LiveLaw (Del) 979]NOMINAL INDEXCIT Versus Travelport L.P. USA 2022 LiveLaw (Del) 946Dharampal Satyapal Limited & Anr. v. Mr. Youssef Anis Mehio & Ors. 2022 LiveLaw (Del) 947Esha Kedia versus Milan R. Parekh & Ors. 2022 LiveLaw (Del) 948Kishan Lal Kuria Mal International versus Union of India 2022 LiveLaw (Del) 949M/s Victory Electric...

Place Of Arbitration Would Not Become The 'Seat' When The Exclusive Jurisdiction Is Conferred On A Court At A Different Place: Delhi High Court

The High Court of Delhi held that place of arbitration would not become the seat of arbitration when the parties have conferred exclusive jurisdiction on a Court other than the seat Court. The bench of Justice Neena Bansal Krishna held that conferring exclusive jurisdiction, over a Court different from the Court at the place of arbitration, would be a contrary indicia and the place...

DGFT Notifies Procedure For General Authorisation for Export after Repair in India

The Director General of Foreign Trade (DGFT) has notified the procedure for general authorization for export after repair in India (GAER).The export of imported Special Chemicals, Organisms, Materials, Equipment, and Technologies (SCOMET) items to the same entity abroad after repair in India will be allowed on the basis of a one-time GAER subject to post-reporting on a quarterly basis issued...

GST Dept. To Consider Reply to SCN Sent By Assessee Through post and Not Portal: Madras High Court

The Madras High Court has held that the GST Department should consider a reply to a show cause notice even if it is sent by the assessee through the post and not the portal.While rejecting the objection of the department that the postal/physical reply to them shall not be considered, the single bench of Justice M. Nirmal Kumar has directed the department to give an opportunity for...

DGFT Allows Export Of Flour Made From Imported Wheat

The Director General of Foreign Trade (DGFT) has allowed the export of flour made from imported wheat.The export policy of wheat or Meslin flour (atta), maida, saolina rava (sirgi), wholemeal atta, and resultant atta is prohibited.However, export of wheat flour (atta) will be allowed against Advance Authorisation and by Export Oriented Units (EOUS) and units in Special Economic Zones...

Permit Foreign Medical Graduates To Complete Internship Without Insisting On Payment Of Fee: Kerala HC To Kottayam General Hospital

The Kerala High Court on Friday admitted the plea filed by at least 17 foreign medical graduates against the alleged charging of exorbitant amount of internship fees, and withholding of internship stipend by General Hospital, Kottayam.Justice V.G. Arun, while admitting the plea and issuing notice to the respondents, said in the light of the orders passed in similar case, the authorities...

Married Daughter Of Deceased Also Entitled To Compensation Under Railways Act: Bombay High Court

A married daughter of a victim of a railway accident would also be entitled to compensation under the Railways Act even though she may not be dependent on him, the Nagpur bench of the Bombay High Court has held."If Section 123(b)(i) of the Railway Act is perused, it is the definition of dependant wherein daughter is included. There is no qualification either married or unmarried daughter. As...

Delhi High Court Grants Bail To Lawyer Gautam Khaitan In 2008 Embraer Bribery Case

The Delhi High Court has recently granted bail to a lawyer Gautam Khaitan in connection with the 2008 Embraer bribery case being probed by the Central Bureau of Investigation (CBI) While the case was registered in the year 2016 for various offences under Prevention of Corruption Act and Indian Penal Code, Khaitan was arrested only recently on August 25. His bail plea was rejected by a trial...

Delhi High Court To Have Its Own Citation System For Judgments From October 17

The Delhi High Court is going to have its own 'neutral citation system' for all its judgments, which are uploaded on its official website, with effect from October 17.In a circular issued on October 15, the Registrar (IT) of the High Court said that the neutral citation number of the High Court of Delhi will consist of the three elements -"Year/DHC/Auto Generated Number"."A unique...

BMC's Refusal To Exercise Discretion Without Justifiable Reason, Situation Was Avoidable: Bombay High Court On Rutuja Latke Resignation

"Discretion is not to be used at the sweet will of the authority and in a whimsical manner. If, in the given facts and circumstances, the Court finds that there is a failure of justice, the writ court has the power to issue necessary directions," the Bombay High Court has observed while granting relief to Rutuja Latke, a Brihanmumbai Municipal Corporation employee and prospective candidate...

Necessary To Establish Title For Grant Of Perpetual Injunction Once Settled Possession Is Claimed : J&K&L High Court

The Jammu and Kashmir and Ladakh High Court recently ruled that in a suit for perpetual injunction, it is necessary for the plaintiff to establish the title for grant of perpetual injunction, claiming settled possession over the property in question. The observations were made by Justice M A Chowdhary while hearing a civil second appeal wherein the moot question that sought an...

'Took Eight Years To Deny Issuance Of Policy For Vehicle, Claimant Suffered Serious Consequences': Kerala High Court Raps Insurance Department

Setting aside the award directing the Kerala State Insurance Department to pay compensation in a road accident claim case, the Kerala High Court Friday said since the policy was not issued by it, the department cannot be charged with liability to pay compensation. However, the court added, since the department took more than eight years to deny the policy, the claimant deserves to be...