Principles Of Natural Justice Not Violated When The Opportunity To Make Oral Submission Is Not Availed: Delhi High Court
1 year, 3 months ago

Principles Of Natural Justice Not Violated When The Opportunity To Make Oral Submission Is Not Availed: Delhi High Court

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The High Court of Delhi has held that the principles of natural justice are not violated when the opportunity to make oral submissions on an issue was granted but not availed by the party. The Court remarked that when the dispute between the parties was based on documents, merely because the oral arguments were not addressed by a party, does not lead to inevitable denial of principles of natural justice, unless it is shown that a pertinent aspect was left unconsidered. The Court observed that the arbitrator followed natural justice by granting multiple opportunities to the appellant, firstly, to make oral submissions and then to file written submissions, which were not availed by the appellant. The Court observed that the between the parties was based on documents, merely because the oral arguments were not made by the appellant, it does not lead to inevitable denial of principles of natural justice, as the appellant could not show that a pertinent aspect was left unconsidered.

Justice Court Natural Justice Natural Written Submissions Arbitrator Submission Appellant Oral Oral Arguments Oral Submission  opportunity  submission  respondent  arbitrator  principles  oral  natural  high  delhi  appellant  rs  court  mr  submissions  justice  violated

History of this topic

Section 9 Not Res Judicata For Section 17 Application When Withdrawal Is Conditional: Delhi High Court Dismisses Section 37(2)(B) Application
9 months, 2 weeks ago

Section 9 Not Res Judicata For Section 17 Application When Withdrawal Is Conditional: Delhi High Court Dismisses Section 37(2)(B) Application

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The Delhi High Court bench comprising Justice Manoj Kumar Ohri held that the Section 9 application under Arbitration and Conciliation Act, 1996 cannot act as res judicata for Section 17 application when the withdrawal of Section 9 application is conditional between the parties. Feeling aggrieved, DTC approached the Delhi High Court and filed Section 37 application challenging this order, asserting …

Party Fails To Challenge Arbitral Award U/s 34 A&C Cannot Approach High Court Under Article 226: Delhi High Court Dismisses Writ Petition
9 months, 3 weeks ago

Party Fails To Challenge Arbitral Award U/s 34 A&C Cannot Approach High Court Under Article 226: Delhi High Court Dismisses Writ Petition

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The Delhi High Court single bench of Justice Subramonium Prasad held that Article 226 of the Constitution of India is an extraordinary remedy and cannot be invoked where a party has failed to invoke other remedies available to it under law. It held that if a party fails to challenge the arbitration award under Section 34 of the Arbitration and …

Society Needs More Time To File Reply Than An Individual, Allahabad High Court While Quashing Demolition Notice Against Radhasoami Satsang Sabha
1 year, 1 month ago

Society Needs More Time To File Reply Than An Individual, Allahabad High Court While Quashing Demolition Notice Against Radhasoami Satsang Sabha

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The Allahabad High Court has quashed the demolition orders passed by Tehsildar, Agra against Radhasoami Satsang Sabha on grounds of violation of principles of natural justice. The society and the office bearers of the society has a duty to defend the society and also the individual who constituted it after observing the due procedure as provided by the bye-laws of …

Challenge Relating To The Bias Of An Arbitrator Cannot Be Raised Under Section 14 Of The A&C Act: Delhi High Court
2 years ago

Challenge Relating To The Bias Of An Arbitrator Cannot Be Raised Under Section 14 Of The A&C Act: Delhi High Court

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The High Court of Delhi has held a challenge to the mandate of the arbitrator on the ground of bias and a justifiable doubt with respect to the independence and impartiality cannot be raised under Section 14 of the A&C Act. The bench of Justice Yashwant Varma held that Section 14 of the Act confers the power on the Court …

Supreme Court Quarterly Digest 2022 - CIVIL LAW- [Jan to Mar]
2 years, 6 months ago

Supreme Court Quarterly Digest 2022 - CIVIL LAW- [Jan to Mar]

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Code of Civil Procedure, 1908 - Appeal against High Court judgment which upheld the procedure adopted by the Execution Court that did not invite objections under Order XXI Rule 34 from Judgment debtor to draft sale deed produced by Decree holder - Allowed - Clearly contravenes the salutary provisions of Order XXI Rule 34 - The objections of the appellant …

Order 7 Rule 11 CPC | Power Of Rejection Of Plaint Mandatory, Can Be Exercised At Any Stage Before Conclusion Of Trial: Punjab & Haryana High Court
2 years, 7 months ago

Order 7 Rule 11 CPC | Power Of Rejection Of Plaint Mandatory, Can Be Exercised At Any Stage Before Conclusion Of Trial: Punjab & Haryana High Court

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The Punjab and Haryana High Court has held that powers of the Court conferred under Order 7 Rule 11 of CPC are mandatory in nature and can be exercised at any stage of the suit, but before the conclusion of the trial.The observation was made while dealing with two revision petitions filed under Article 227 of the Constitution, challenging an …

Attempt To Murder: "Offence Against Society, Can't Quash Proceedings Only On Ground Of Compromise": Delhi High Court
3 years, 3 months ago

Attempt To Murder: "Offence Against Society, Can't Quash Proceedings Only On Ground Of Compromise": Delhi High Court

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Observing that an offence of Attempt To Murder will fall under the category of heinous offence, and therefore, has to be treated as a crime against society, the Delhi High Court on Monday refused to quash an FIR registered for an offence under 307/34 IPC. Court's observations At the outset, the Court noted that there was a conflict of opinions …

[Book Release] Emergence of Commercial Justice - Insolvency & Arbitration By Senior Advocate Vivek Sood
3 years, 9 months ago

[Book Release] Emergence of Commercial Justice - Insolvency & Arbitration By Senior Advocate Vivek Sood

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Vivek Sood, Senior Advocate,Supreme Court invites you to for the release of his book titled Emergence of Commercial Justice - Insolvency & Arbitration.Details of the event are as follows:Date & Time: March 6, 2021, 6:30 pmPanelistsChief Guest- Justice Deepak Misra, Supreme Court Of IndiaGuest of Honour- Justice GS Sistani, Former Judge Delhi High CourtSpeaker- Mr. K.V. Vivek Sood, Senior Advocate,Supreme …

'Abuse Of Process' : Karnataka High Court Dismisses Petition Seeking Criminal Action Against Azim Premji Under RBI Act
3 years, 11 months ago

'Abuse Of Process' : Karnataka High Court Dismisses Petition Seeking Criminal Action Against Azim Premji Under RBI Act

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The Karnataka High Court has dismissed a petition filed by a not for profit company named "India Awake for Transparency", challenging an order of the magistrate court dismissing its private complaint seeking directions to Reserve Bank of India to register a case against Wipro founder Azim Premji and others under the Reserve Bank of India Act. Further, it was said …

Delhi High Court Seeks CBI's Response On Special Court Order For Further Investigation In A Corruption Case Against Maneka Gandhi
4 years, 1 month ago

Delhi High Court Seeks CBI's Response On Special Court Order For Further Investigation In A Corruption Case Against Maneka Gandhi

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The Delhi High Court on Friday issued notice to the CBI on BJP MP Maneka Gandhi's plea challenging a trial court order rejecting its closure report in a graft case against her and two others and directing further investigation in the matter. The then Special Judge CBI at Patiala House Courts while contemplating the said closure report directed for reinvestigation …

Delhi HC Transfers Barkha Dutt's Criminal Case Against Kapil Sibal To Special Court For MP/ MLA
4 years, 1 month ago

Delhi HC Transfers Barkha Dutt's Criminal Case Against Kapil Sibal To Special Court For MP/ MLA

Live Law  

The Delhi High Court has allowed a petition filed by senior journalist Barkha Dutt seeking to transfer her criminal complaint against Analog Media, owned by Member of Parliament and Senior Advocate Kapil Sibal, to the Special MP/ MLA Court in Rouse Avenue Court Complex. 9933/2019 be transferred from the court of the learned Metropolitan Magistrate, Patiala House Courts, New Delhi …

2G Case : CBI's Appeal Not Maintainable; Did Not Follow Filing Procedure, Accused Argue In Delhi HC
4 years, 2 months ago

2G Case : CBI's Appeal Not Maintainable; Did Not Follow Filing Procedure, Accused Argue In Delhi HC

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Accused in the 2G spectrum case have argued that the leave to appeal filed by the Central Bureau of Investigation against the acquittals of A Raja and others is not maintainable as the agency did not follow the procedure prescribed for filing such an appeal. While addressing the Single Bench of Justice Brijesh Sethi, the counsel appearing for the accused …

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