Common Order For Summoning In Different Cases Cannot Be Passed When Parties Are Unrelated: Delhi High Court
4 years, 4 months ago

Common Order For Summoning In Different Cases Cannot Be Passed When Parties Are Unrelated: Delhi High Court

Live Law  

The Delhi High Court on Wednesday made it clear that a common order for summoning Respondents, in different cases filed by a common Petitioner, cannot be passed when the Respondent parties are unrelated. The order was quashed on two counts: The parties so summoned, were unrelated; in one of the cases, the offence alleged against the accused related to dishonour of a NACH mandate, which is covered under section 25 of the Payment and Settlement Act 2007, but the Trial Court made no observation as to its applicability. 1566/19 and 1567/19 could have been passed by the learned Trial Court in the circumstances, where the parties to the case also differ and where it was incumbent on the learned Trial Court to ascertain the applicability of the provisions of Payment & Settlements Systems Act, 2007, to the averments made to the complaint in CC No. The impugned summoning order were thus set aside and the matter was remanded back to the Trial Court with directions to consider the aspect of summoning or otherwise afresh, qua the applicability of the Payment & Settlements Systems Act, 2007 r/w Negotiable Instruments Act, 1881.

Court Trial Court Order Payment Act Common Petitioner 2007 Different Cases Common Order Cc No  court  high  common  delhi  unrelated  summoning  trial  systems  payment  different  cases  order  act  2007  parties  passed

History of this topic

Court's Jurisdiction U/S 11(6) Of A&C Act Is Decided Under CPC When No Seat Or Venue Is Specified In Arbitration Agreement: Delhi High Court
5 days, 8 hours ago

Court's Jurisdiction U/S 11(6) Of A&C Act Is Decided Under CPC When No Seat Or Venue Is Specified In Arbitration Agreement: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Manoj Kumar Ohri has held that in the absence of a specified seat or venue in the Arbitration Agreement, the court's jurisdiction under Section 11 of the Arbitration and Conciliation Act, 1996 is determined by Sections 16 to 20 of the Civil Procedure Code, 1908. It was further argued that when the arbitration …

Delhi Police asks complaint copy from court to file FIR against Arvind Kejriwal and others
1 week, 3 days ago

Delhi Police asks complaint copy from court to file FIR against Arvind Kejriwal and others

The Hindu  

The Delhi Police on Tuesday told a court here that it has failed comply with its order of lodging an FIR against the former Delhi Chief Minister and Aam Aadmi Party chief Arvind Kejriwal, former MLA Gulab Singh and MCD councillor Nitika Sharma in a case of misusing public money by placing large hoardings in the city. The Station House …

Veracity Of Allegations Against Settlement Agreement Cannot Be Looked Into By Court In Application U/S 11 Of Arbitration Act: Delhi High Court
2 weeks, 3 days ago

Veracity Of Allegations Against Settlement Agreement Cannot Be Looked Into By Court In Application U/S 11 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Manoj Kumar Ohri has reiterated that the scope of inquiry under Section 11 of the Arbitration and Conciliation Act, 1996, is limited to examining the prima facie existence of the arbitration agreement. It was further observed that if either party contests a prior settlement agreement, then such allegations cannot be looked into by …

Anti-Arbitration Suit Giving Short-Shrift To Sec 16 A&C Act Is Hit By Order 7 Rule 11(d) Of CPC: Telangana High Court Reiterates
2 weeks, 4 days ago

Anti-Arbitration Suit Giving Short-Shrift To Sec 16 A&C Act Is Hit By Order 7 Rule 11(d) Of CPC: Telangana High Court Reiterates

Live Law  

The Telangana High Court has reiterated and clarified that suits initiated before Civil Courts to curb arbitration proceedings ignore section 16 of the Arbitration and Conciliation Act,1996, and deserve to be rejected under Order 7, Rule 11 as being barred by statute. The appellant herein filed an injunction suit before the trial court seeking to stop the Arbitration proceeding initiated …

'Highly Undesirable Practice, Wastes Judicial Time': Delhi High Court Laments Frequent Non-Appearance Of Govt Counsel In Customs Matters
3 weeks, 1 day ago

'Highly Undesirable Practice, Wastes Judicial Time': Delhi High Court Laments Frequent Non-Appearance Of Govt Counsel In Customs Matters

Live Law  

The Delhi High Court recently expressed its displeasure at the frequent non-appearance of government counsel in customs related matters. A division bench comprising Justices Prathiba M. Singh and Rajneesh Kumar Gupta observed, “It is noticed that in a large number of customs matters, the Counsels are either not appearing or appear without proper instructions. Though the Petitioner appeared to have …

Swati Maliwal Assault Case: Delhi Police Moves High Court Against Order To Supply List Of Unrelied Documents To Bibhav Kumar
3 weeks, 4 days ago

Swati Maliwal Assault Case: Delhi Police Moves High Court Against Order To Supply List Of Unrelied Documents To Bibhav Kumar

Live Law  

The Delhi Police on Tuesday moved the Delhi High Court challenging a trial court order rejecting its plea over the issue of supply of list of unrelied documents to Bibhav Kumar, close aid of former Chief Minister Arvind Kejriwal and accused in the alleged Swati Maliwal assault case.The Delhi Police has impugned an order passed by a sessions court on …

Quashing Of Show Cause Notice On One Issue Doesn't Mean Other Demands Are Not Liable To Be Adjudicated: Delhi High Court
1 month, 1 week ago

Quashing Of Show Cause Notice On One Issue Doesn't Mean Other Demands Are Not Liable To Be Adjudicated: Delhi High Court

Live Law  

The Delhi High Court has made it clear that if a show cause notice is quashed by a higher authority on one issue, it doesn't mean that other issues raised in the SCN are not liable to be adjudicated. The observation was made by the bench of Justices Prathiba M. Singh and Dharmesh Sharma in a case where the SCN …

Supreme Court rules against directing legislature on law enactment
1 month, 2 weeks ago

Supreme Court rules against directing legislature on law enactment

Hindustan Times  

The Supreme Court on Friday said the courts could not direct the legislature to enact a law in a particular manner. In a writ jurisdiction, neither the high courts nor the Supreme Court can direct the legislature to enact a law in a particular manner," the bench said, while refusing to hear the plea. The petitioner's counsel said Section 230 …

Construction Of Terms Of Contract Must Be Primarily Decided By Arbitrator, Not Court U/S 34 Of Arbitration Act: Delhi High Court
1 month, 3 weeks ago

Construction Of Terms Of Contract Must Be Primarily Decided By Arbitrator, Not Court U/S 34 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Dinesh Kumar Sharma has held that Construction of the terms of the contract is primarily for the arbitrator to decide, unless it is found that such a construction is not at all possible. It is the case of the petitioner that the Supreme Court in 'ONGC v. Afcons Gunanusa JV' held that unilateral …

Delhi High Court Issues Notice On BJP Leader's Plea Against Quashing Of Summons Issued To Chief Minister Atishi In Defamation Case
1 month, 3 weeks ago

Delhi High Court Issues Notice On BJP Leader's Plea Against Quashing Of Summons Issued To Chief Minister Atishi In Defamation Case

Live Law  

BJP leader Praveen Shankar Kapoor has moved the Delhi High Court challenging the quashing of summons issued to Chief Minister Atishi by a trial court in a defamation case filed by him. The defamation case was filed over the claims that Aam Aadmi Party leaders were approached by Bhartiya Janta Party to join them in return of crores of cash.Justice …

Delhi Court Quashes Summons Issued To Chief Minister Atishi In Defamation Case By BJP Leader
2 months ago

Delhi Court Quashes Summons Issued To Chief Minister Atishi In Defamation Case By BJP Leader

Live Law  

A Delhi Court on Tuesday quashed the summons issued to Chief Minister Atishi in a defamation case filed by BJP leader Praveen Shankar Kapoor.The defamation case was filed over the claims that Aam Aadmi Party leaders were approached by Bhartiya Janta Party to join them in return of crores of cash.Special judge Vishal Gogne of Rouse Avenue Courts set aside …

Delhi court quashes summons to CM Atishi in defamation case
2 months ago

Delhi court quashes summons to CM Atishi in defamation case

The Hindu  

A Delhi court on Tuesday quashed the summons issued to Chief Minister Atishi in a defamation case filed by a BJP leader. Special Judge Vishal Gogne passed the order on an appeal filed by the AAP leader against an order of a Magisterial Court, which issued summons to Ms. Atishi on the complaint of Praveen Shankar Kapoor. The BJP leader …

Delhi High Court clears public servant in negligence case, cites belated sanction
2 months ago

Delhi High Court clears public servant in negligence case, cites belated sanction

India Today  

Sanction has to be obtained by the prosecuting agency before a court takes cognisance and any subsequent sanction would be futile, the Delhi High Court held recently. Justice Neena Krishna Bansal passed the order in a case where a belated sanction was accorded for prosecution of public servants -- the petitioner, an MCD school principal, and a junior engineer contractor …

Appeal U/S 37 Of Arbitration Act Not Maintainable Against Order Under O.VII R.10 CPC: Punjab And Haryana High Court
2 months ago

Appeal U/S 37 Of Arbitration Act Not Maintainable Against Order Under O.VII R.10 CPC: Punjab And Haryana High Court

Live Law  

The Punjab and Haryana High Court bench comprising of Justice Arun Palli and Justice Vikram Aggarwal has held that an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 Act read with Section 13 of the Commercial Courts Act, 2015 is not maintainable against an order passed under Order VII Rule 10 of the CPC directing the return …

Customs Dept Cannot Run Parallel Proceedings By Passing Penalty Order While Challenge To SCN Is Pending Before Court: Delhi HC
2 months ago

Customs Dept Cannot Run Parallel Proceedings By Passing Penalty Order While Challenge To SCN Is Pending Before Court: Delhi HC

Live Law  

The Delhi High Court has set aside a final order of penalty passed by the Customs Department against a paper trader for alleged undervaluation of imported goods, stating that the same was passed during pendency of challenge to the show cause notice issued to the trader. A division bench of Justices Prathiba M. Singh and Dharmesh Sharma observed, “passing of …

Issue Related To Existence Of Arbitration Agreement Cannot Be Decided Ex-Parte, Without Hearing Respondent: Delhi High Court
2 months ago

Issue Related To Existence Of Arbitration Agreement Cannot Be Decided Ex-Parte, Without Hearing Respondent: Delhi High Court

Live Law  

A Delhi High Court Bench of Justice Navin Chawla and Justice Shalinder Kaur held that the District Judge should not have decided the issue related to the existence of an arbitration agreement ex-parte, without calling upon the respondent to give its stand on the same. The District Judge dismissed the petition and held that the arbitration agreement contained in the …

Delhi HC Rejects Income Tax Director's Appeal U/S 19 Contempt Of Courts Act, Says Appeal Maintainable Only If Order Imposes Punishment
2 months ago

Delhi HC Rejects Income Tax Director's Appeal U/S 19 Contempt Of Courts Act, Says Appeal Maintainable Only If Order Imposes Punishment

Live Law  

The Delhi High Court has dismissed the appeal preferred by a Director of Income Tax under Section 19 of the Contempt of Courts Act, 1971. A division bench of Justices Chandra Dhari Singh and Manoj Jain observed that in the absence of the contempt court recording a finding of guilt or imposing a punishment, the appeal preferred under Section 19 …

Delhi High Court Reiterates Limited Scope Of Section 34 Of Arbitration & Conciliation Act
2 months, 2 weeks ago

Delhi High Court Reiterates Limited Scope Of Section 34 Of Arbitration & Conciliation Act

Live Law  

The High Court of Delhi pronounced a judgement in the matter of “Centre for Research Planning and Action v. National Medicinal Plants Board Ministry of AYUSH Government of India” FAO 161/2022 dated 8th January, 2025 re-iterating the limited scope of Section 34 of The Arbitration and Conciliation Act. Respondent refused to entertain any claim when invoices were raised after March …

Commissioner Cannot Use Its Power U/S 107(2) CGST Act To Review Order Passed By Appellate Authority: Delhi High Court
2 months, 3 weeks ago

Commissioner Cannot Use Its Power U/S 107(2) CGST Act To Review Order Passed By Appellate Authority: Delhi High Court

Live Law  

The Delhi High Court has made it clear that a Commissioner under the Central Goods and Services Tax Act 2017 cannot, in purported exercise of its powers under Section 107, sit in appeal over an order passed by the Appellate Authority. A division bench of Justices Yashwant Varma and Dharmesh Sharma ruled, “The Commissioner, while seeking to review an order …

Delhi High Court Issues Directions For Speedy Disposal Of Compromise Based Pleas To Quash FIRs
3 months ago

Delhi High Court Issues Directions For Speedy Disposal Of Compromise Based Pleas To Quash FIRs

Live Law  

The Delhi High Court has recently issued practice directions for ensuring speedy disposal of non-contentious compromise based petitions involving quashing of FIRs. The directions state that all non-contentious compromise based petitions involving quashing of FIRs will be preliminary listed before Joint Registrar for criminal jurisdiction, who can further verify and ensure compliance with the latest guidelines laid down by the …

Delhi High Court Bars Non-Advocates From Appearing Before Consumer Courts
3 months ago

Delhi High Court Bars Non-Advocates From Appearing Before Consumer Courts

Live Law  

The Delhi High Court has barred the practise of permitting non-Advocates or agents to appear before the Consumer Courts here on the basis of authority letters issued by lawyers, with immediate effect. Justice Sanjeev Narula directed all Consumer Commissions in Delhi to ensure that the parties are represented by Advocates or by the agents or representatives or non-advocates strictly in …

[Arbitration Act] Friendly Consultation Necessary Before Issuing Section 21 Notice: Delhi High Court
3 months ago

[Arbitration Act] Friendly Consultation Necessary Before Issuing Section 21 Notice: Delhi High Court

Live Law  

The Delhi High Court bench of J. C. Hari Shankar has held that in the present case there is no scope for negotiation between the parties, much less friendly negotiations. The petitioner invoked the arbitration clause present in the Lease Deed, by sending notice under Section 21 of the Arbitration & Conciliation Act, 1996. Observation of the Court: The court …

Allahabad High Court Quashes Criminal, ED Proceedings Initiated Against Indiabulls & Its Officials
3 months ago

Allahabad High Court Quashes Criminal, ED Proceedings Initiated Against Indiabulls & Its Officials

Live Law  

The Allahabad High Court, on Friday, quashed the criminal proceedings initiated by the borrower, Shipra Group, and the Enforcement Directorate against the Indiabulls Group and its officials as arbitral proceedings pursuant to the loan agreements are already underway, a fact which was suppressed by the informant. Observing that the informant had hidden the various proceedings instituted by him in different …

Non-Admission Of Claim By Resolution Professional Cannot Be Challenged First Time In Appeal Before Appellate Tribunal: NCLAT
3 months, 1 week ago

Non-Admission Of Claim By Resolution Professional Cannot Be Challenged First Time In Appeal Before Appellate Tribunal: NCLAT

Live Law  

The NCLAT New Delhi bench of Justice Ashok Bhushan and Mr. Arun Baroka has held that non admission of claim in the Resolution Plan by the Resolution Plan if not challenged before the Adjudicating Authority cannot be challenged in the appeal before the NCLAT. The same Resolution Plan of Respondent Nos.2 and 3 approved by the Adjudicating Authority on 28.11.2019 …

Delhi High Court Slaps ₹1 Lakh Cost On Litigant For Filing Contempt Plea Against CCI To Stall Authority's Ongoing Investigation Against It
3 months, 1 week ago

Delhi High Court Slaps ₹1 Lakh Cost On Litigant For Filing Contempt Plea Against CCI To Stall Authority's Ongoing Investigation Against It

Live Law  

The Delhi High Court has imposed a cost of Rs. In reality, while the petitioner ostensibly seeks contempt proceedings, it is attempting to secure a judicial review of the investigation methodology through the back door, which cannot be entertained.” Background: The petitioner-company, Forech India Pvt Ltd, was investigated by the CCI regarding alleged existence of a bid-rigging cartel in the …

Karnataka High Court Quashes FIR Against BJP State President BY Vijayendra For Allegedly Extorting Money Under Guise Of Electoral Bonds
3 months, 1 week ago

Karnataka High Court Quashes FIR Against BJP State President BY Vijayendra For Allegedly Extorting Money Under Guise Of Electoral Bonds

Live Law  

The Karnataka High Court on Tuesday allowed the petition filed by then Vice President and now BJP State President BY Vijayendra and quashed proceedings pertaining to an FIR registered against him for allegedly extorting money under the guise of electoral bonds. It said “The counsel being changed for qua the other accused raising different grounds that were not raised by …

Error In Order Passed By Court In Arbitration Proceeding Can Be Corrected Under Sections 152, 153 Of CPC: Delhi High Court
3 months, 2 weeks ago

Error In Order Passed By Court In Arbitration Proceeding Can Be Corrected Under Sections 152, 153 Of CPC: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Chandra Dhari Singh has held that any error in an order passed by the court in the Arbitration Proceedings can be corrected under sections 152 and 153 of the CPC provided prejudice is not caused to the other party. It was argued by the respondent that sections 152 and 153 of the Civil …

Court Can Quash SCNs And Proceedings Under GST Act, Customs Act Or Finance Act On Ground Of Inordinate Delay In Adjudication: Delhi HC
3 months, 2 weeks ago

Court Can Quash SCNs And Proceedings Under GST Act, Customs Act Or Finance Act On Ground Of Inordinate Delay In Adjudication: Delhi HC

Live Law  

The Delhi High Court has made it clear that Show Cause Notices and adjudication proceedings under the Customs Act, 1962, the Finance Act, 1994 or the Central Goods and Services Tax, 2017 cannot be kept pending for years. Court said the phrase cannot be construed as a free-pass and “Ultimately it is incumbent upon the authority to establish that it …

Basic Purpose Of Order XVIII Rule 17 Of CPC Is To Enable Court To Clarify Position, Not To Fill Lacuna In Evidence: Calcutta High Court
3 months, 2 weeks ago

Basic Purpose Of Order XVIII Rule 17 Of CPC Is To Enable Court To Clarify Position, Not To Fill Lacuna In Evidence: Calcutta High Court

Live Law  

Justice Sugato Majumdar of the High Court at Calcutta, while dismissing an application under Order XVIII Rule 17 read with Section 151 of CPC, 1908, ruled “Unexplained lethargy and long delay in production of document which is otherwise available cannot be cured at this belated stage. Bhoomi Minerals Ltd. due to distressed sale of the company in view of failure …

[Arbitration Act] S.2(1)(f) Is Non-Derogable, Applicability Cannot Be Excluded Even By Mutual Consent Of Parties: Delhi High Court
3 months, 3 weeks ago

[Arbitration Act] S.2(1)(f) Is Non-Derogable, Applicability Cannot Be Excluded Even By Mutual Consent Of Parties: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Neena Bansal Krishna has held that section 2 of the Arbitration Act which defined the International Commercial Arbitration is a non derogable provision and its applicability cannot be excluded even by mutual consent of the parties. However, certain Sections of the Act, like S.2 which is the definition section, form the basic structure …

Supreme Court to consider modifying orders that barred High Courts from hearing coal block allocation cases
3 months, 3 weeks ago

Supreme Court to consider modifying orders that barred High Courts from hearing coal block allocation cases

The Hindu  

The Supreme Court on Wednesday said it would consider pleas seeking modification of its earlier orders that barred High Courts from hearing appeals against trial court orders passed in cases related to alleged illegal coal block allocations. The apex court passed two orders between 2014 and 2017 restricting the accused from approaching the High Court and had directed that appeals …

Ambiguity In Court's Order Absolute Defence To Contempt Action: Delhi High Court
3 months, 3 weeks ago

Ambiguity In Court's Order Absolute Defence To Contempt Action: Delhi High Court

Live Law  

The Delhi High Court has observed that in cases of contempt of court, if the court's order or directions are unclear, this can serve as an absolute defence against a contempt action. It stated that the court's directives in relation to which breach or disobedience is alleged should be “clear and unequivocal.” The Court also observed that if there is …

Delhi HC Allows Invocation Of Arbitration Clause After 10 Yrs, Says That Scope Of S.11(6) Plea Is Limited To Ascertaining Existence Of Agreement
Trending News
3 months, 3 weeks ago

Delhi HC Allows Invocation Of Arbitration Clause After 10 Yrs, Says That Scope Of S.11(6) Plea Is Limited To Ascertaining Existence Of Agreement

Live Law  

The Delhi High Court Bench of Justice Sachin Datta has held that the scope of the present proceedings is confined to ascertaining the existence of the arbitration agreement. Observation of the court: The court held that the scope of the present proceedings is confined to ascertaining the existence of the arbitration agreement. Then, the court held that since the existence …

Arbitration Weekly Round-Up [25th November To 1st December, 2024]
3 months, 3 weeks ago

Arbitration Weekly Round-Up [25th November To 1st December, 2024]

Live Law  

Supreme Court S.29A Arbitration | 'Sufficient Cause' To Extend Time For Award Should Be Interpreted To Facilitate Effective Dispute Resolution : Supreme Court Case Title: M/S AJAY PROTECH PVT. 34078 of 2023 The Bombay High Court bench of Justice Arif S. Doctor has held that Section 9 of the A&C Act is not the correct mechanism to obtain relief against …

Arbitrators Cannot Pass Binding And Enforceable Orders Unilaterally Determining Their Fees: Delhi High Court
4 months ago

Arbitrators Cannot Pass Binding And Enforceable Orders Unilaterally Determining Their Fees: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Dinesh Kumar Sharma has affirmed that Arbitrators do not have the power to unilaterally issue binding and enforceable orders determining their own fees. It was further submitted that in ONGC v. Afcons Gunanusa JV 2022 the Hon'ble Supreme Court has held that a party who is not agreeable to a unilateral revision of …

Delhi High Court Stays Arbitral Proceedings Where Petitioner's Defence Was Struck-Off Due To Non-Payment Of Arbitral Fees
4 months ago

Delhi High Court Stays Arbitral Proceedings Where Petitioner's Defence Was Struck-Off Due To Non-Payment Of Arbitral Fees

Live Law  

The Delhi High Court bench of Justice Sanjeev Narula has held that the striking off of the defence of the Petitioner for non-payment of arbitral fees is a drastic measure that exceeds the jurisdiction of the Arbitrator. The court noted that “Section 38 of the Arbitration and Conciliation Act stipulates that parties shall deposit equal shares of the arbitral fees. …

Executing Court Can Direct Award-Debtor To Deposit Decretal Amount In Court Until Petition U/S 34 Of Arbitration Act Is Disposed Of: P&H High Court
4 months ago

Executing Court Can Direct Award-Debtor To Deposit Decretal Amount In Court Until Petition U/S 34 Of Arbitration Act Is Disposed Of: P&H High Court

Live Law  

The Punjab and Haryana High Court bench of Justice Suvir Sehgal has held that executing court under section 36 of the Arbitration Act can direct the award debtor to deposit the decretal amount in the court registry till the disposal of the petition under section 34 of the Arbitration Act. Brief Facts Instant revision has been filed under Article 227 …

Procedural Orders Cannot Be Considered As Interim Award Or Challenged U/S 34 Of Arbitration Act: Delhi High Court
4 months ago

Procedural Orders Cannot Be Considered As Interim Award Or Challenged U/S 34 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court Bench of Justice Subramonium Prasad has held that a procedural order given by an Arbitral Tribunal, such as rejecting an application seeking impleadment of a party, does not qualify as an interim award. However, that application was rejected by the Arbitral Tribunal and stated that the allegations against Rajesh Kumar Srivastava required evidence and could not …

S.12(5) Of Arbitration Act Would Be Applicable To Arbitral Proceedings Which Commenced Before 2015 Amendment Act: P&H High Court
4 months, 1 week ago

S.12(5) Of Arbitration Act Would Be Applicable To Arbitral Proceedings Which Commenced Before 2015 Amendment Act: P&H High Court

Live Law  

The Punjab and Haryana High Court bench of Justice Suvir Sehgal has held that the provision of Section 12 of the Arbitration Act would applicable to arbitral proceedings which were initiated prior to 2015 Amendment came into force and continued thereafter. In the meantime, the Arbitration Act was amended and as Section 12 was inserted on 23.10.2015, the petitioner submitted …

Adjudicating Authority's Inaction To Dispose Of Proceedings Can't Be Attributed To Taxpayer In Absence Of Any Malice On His Part: Bombay HC
4 months, 1 week ago

Adjudicating Authority's Inaction To Dispose Of Proceedings Can't Be Attributed To Taxpayer In Absence Of Any Malice On His Part: Bombay HC

Live Law  

The Bombay High Court ruled that when the Revenue Dept. Finding that the Authority had passed the final order after a lapse of more than 16 years from the date of CESTAT's order, the Division Bench of Justice Ashwin D. Bhobe and Justice M.S Sonak observed that such inordinate delay in the conclusion of show cause notice will surely prejudice …

Delhi HC stays order setting aside discharge of Gambhir in cheating case
4 months, 1 week ago

Delhi HC stays order setting aside discharge of Gambhir in cheating case

Deccan Chronicle  

New Delhi: The Delhi High Court on Monday stayed an order which had set aside the discharge of former cricketer and current head coach of the Indian cricket team Gautam Gambhir and others in a case in which home buyers were reportedly cheated. Justice Manoj Kumar Ohri passed the interim order and sought the response of the Delhi government on …

Objections On Capacity Of Party To Initiate Arbitration Must Be Addressed Before Tribunal, Not While Appointing Arbitrator: Delhi HC
Trending News
4 months, 1 week ago

Objections On Capacity Of Party To Initiate Arbitration Must Be Addressed Before Tribunal, Not While Appointing Arbitrator: Delhi HC

Live Law  

The Delhi High Court bench of Justice Sachin Datta has held that the objections as regards the capacity of the party to initiate arbitration is an aspect which is necessarily required to be gone into the arbitration proceedings, however, the same could not preclude the constitution of an Arbitral Tribunal. The court held that a party may raise appropriate jurisdictional/preliminary …

Pre-Requirement Of Conciliation Before Invoking Arbitration Can't Prevent Filing Of Application U/S 11 Of Arbitration Act: Delhi High Court
4 months, 1 week ago

Pre-Requirement Of Conciliation Before Invoking Arbitration Can't Prevent Filing Of Application U/S 11 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Subramonium Prasad has held that pre requirement of conciliation in an arbitration clause before invoking the arbitration cannot be a bar to file an application under section 11 of the Arbitration Act seeking appointment of an Arbitrator. That disputes have arisen between the parties regarding payment of dues.,the Petitioner herein invoked Clause 17.7 …

Calcutta High Court Pulls Up Lawyer's Juniors For 'Threatening' Dept To Admit Appeal Without Order Copy
4 months, 2 weeks ago

Calcutta High Court Pulls Up Lawyer's Juniors For 'Threatening' Dept To Admit Appeal Without Order Copy

Live Law  

The Calcutta High Court on Wednesday reprimanded a lawyer and his juniors for filing an appeal against a single judge order without either a server or certified copy of the order under challenge. A division bench comprising of Justice Hiranmay Bhattacharya had on an earlier occasion allowed the filing of the appeal without the certified copy of the order. On …

De-Jure Ineligibility To Act As Arbitrator U/S 12(5) Of Arbitration Act Can Be Waived Only By Express Agreement In Writing: Delhi High Court
Trending News
4 months, 2 weeks ago

De-Jure Ineligibility To Act As Arbitrator U/S 12(5) Of Arbitration Act Can Be Waived Only By Express Agreement In Writing: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Sachin Datta affirmed that de jure ineligibility to act as an arbitrator can only be waived, after dispute having arisen, by the parties by an express agreement in writing under proviso to section 12 of the Arbitration Act. The court referred to the Delhi High Court judgment in Reliance Infrastructure Limited v. Madhyanchal …

Scope Of Review U/S 37 Is Limited To Ascertaining Compliance With S. 34 Of Arbitration Act: Delhi High Court
4 months, 2 weeks ago

Scope Of Review U/S 37 Is Limited To Ascertaining Compliance With S. 34 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court bench of Justices Rekha Palli and Saurabh Banerjee affirmed that the Court under section 37 of the Arbitration Act cannot undertake an independent assessment of the merits of the award, and must only ascertain that the exercise of power by the Court under Section 34 has not exceeded the scope of the provision Brief Facts The …

Arbitration Monthly Digest: October 2024
4 months, 2 weeks ago

Arbitration Monthly Digest: October 2024

Live Law  

Supreme Court Case Title: R.P. Case Title: LAVA INTERNATIONAL LIMITED Vs MINTELLECTUALS LLP Citation: 2024 LiveLaw 1114 The Delhi High Court bench comprising Justice Prateek Jalan has held that in orders passed by the arbitral tribunal under Section 17 of the Arbitration and Conciliation Act, 1996, the court is not bound by the principles underlying Order XXXVIII and XXXIX of …

Delhi High Court Rejects Petitioner's Request to Stay Termination of Lease Agreement
4 months, 4 weeks ago

Delhi High Court Rejects Petitioner's Request to Stay Termination of Lease Agreement

Live Law  

The Delhi High Court has allowed a petition seeking stay of the effect and operation of the Termination Notice dated 01.10.2024 issued by the respondent No. 1 to the petitioner. The court held that the role of the court under section 9 of the Arbitration Act is to preserve the subject matter of the Arbitration till the arbitral tribunal decides …

Delhi High Court Rules on Appointment of Arbitral Tribunal: Invalid Procedures Before Improper Arbitral Tribunal Are Non-Est
5 months ago

Delhi High Court Rules on Appointment of Arbitral Tribunal: Invalid Procedures Before Improper Arbitral Tribunal Are Non-Est

Live Law  

The Delhi High Court has held that any proceedings before an improperly constituted arbitral tribunal are non-est. This means that any disputes arising from an improperly constituted arbitral tribunal are not subject to arbitration. The court also held that whether a particular claim is precluded from arbitration on account of being an excepted matter should be decided by a duly …

Delhi High Court Grants Interim Measure to Protect Property From Being Wasted in Arbitration Case
5 months, 1 week ago

Delhi High Court Grants Interim Measure to Protect Property From Being Wasted in Arbitration Case

Live Law  

The Delhi High Court has ruled that the court is not obligated to consider the merits or otherwise of the facts as stated by the litigants when exercising jurisdiction under Section 37 of the Arbitration Act. The court granted an interim measure to protect the property from being wasted or disposed of.

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