Winding Up Proceedings On Nascent Stage , To Be Transferred To NCLT: Delhi High Court
6 months, 3 weeks ago

Winding Up Proceedings On Nascent Stage , To Be Transferred To NCLT: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Dharmesh Sharma held that winding up proceedings pending before High Courts, which are at a nascent stage and have not progressed to an advanced stage, ought to be transferred to the NCLT. The bench held that: “It is but evident that the present company petition has not yet reached an advanced stage and no substantive orders have been passed towards the winding up of the respondent company.” Brief Facts: The Respondent Company is engaged in the business of providing drilling services for the oil and gas sector and is incorporated as a foreign company under the Companies Act, 1956. Observations by the High Court: The High Court noted that the petition was based on the Respondent Company's failure to pay outstanding dues amounting to US$ 723,193.03 with due interest. The High Court noted that the Respondent Company, having failed to pay its debts, fell under the purview of an unregistered company that could be wound up as per Section 583 of the Companies Act, 1956. However, given that the proceedings were still at a nascent stage with no substantive orders passed towards the actual winding up of the respondent company, the High Court considered the legislative changes brought by the Insolvency and Bankruptcy Code, 2016, and the Companies Act, 2013.

Court Delhi High Court Companies Pay Company High Respondent Nclt Proceedings Act Petitioner Winding Nascent Stage  proceedings  respondent  court  petitioner  transferred  high  delhi  act  winding  nascent  nclt  stage  pay  companies  company

History of this topic

Delhi High Court Weekly Round-Up: November 18 To November 24, 2024
4 weeks ago

Delhi High Court Weekly Round-Up: November 18 To November 24, 2024

Live Law  

Citations 2024 LiveLaw 1246 to 2024 LiveLaw 1281NOMINAL INDEXANI v. RSY News & Anr. Versus M/s Fiberfill Engineers 2024 LiveLaw 1281 Delhi High Court Directs RSY News To Take Down Original Videos Of ANI In Copyright Infringement Suit Title: ANI v. RSY News & Anr. Ltd. Citation: 2024 LiveLaw 1257 The Delhi High Court bench of Justice Subramonium Prasad affirmed …

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

High Court Allows Writ Petition to Challenge District Judge's Interpretation of Law
2 months ago

High Court Allows Writ Petition to Challenge District Judge's Interpretation of Law

Live Law  

The Delhi High Court has allowed a writ petition filed under Article 227 to overturn the order of the District Judge dismissing a Section 34 petition. The Court observed that the interpretation of Section 42 of the A&C Act by the District Judge was completely erroneous and that the petition could only have been filed in the High Court. The …

Direct Tax Weekly Round-Up: 21 To 27 July 2024
4 months, 3 weeks ago

Direct Tax Weekly Round-Up: 21 To 27 July 2024

Live Law  

Supreme Court State Not Liable To Collect Tax At Source While Giving Contractors Permit To Vend Liquor At Fixed Retail Price : Supreme Court Case Details : THE EXCISE COMMISSIONER KARNATAKA & ANR. Services Provided Outside To Indian Customers In Connection With Right To Use Of Process Can't Be Taxed : Delhi High Court Case Title: The Commissioner Of Income …

Arbitration Weekly Roundup: July 08 - July 14, 2024
5 months, 1 week ago

Arbitration Weekly Roundup: July 08 - July 14, 2024

Live Law  

Supreme Court Avoid Bulky Pleadings & Lengthy Submissions In Arbitration Appeals : Supreme Court To Advocates Case Title: Bombay Slum Redevelopment Corporation Private Limited Versus Samir Narain Bhojwani Citation : 2024 LiveLaw 445 Expressing displeasure over the filing of bulky and lengthy submissions in the arbitral proceedings, the Supreme Court on Monday called upon the Bar to urge only the …

No Irreversible Actions In Winding Up, Company Court Can Transfer Proceedings To NCLT: Bombay High Court
6 months, 2 weeks ago

No Irreversible Actions In Winding Up, Company Court Can Transfer Proceedings To NCLT: Bombay High Court

Live Law  

The Bombay High Court bench of Justice Abhay Ahuja held that as long as no irreversible actions, such as actual sales of immovable or movable properties, have occurred, the Company Court retains the discretion to transfer proceedings to the NCLT. Brief Facts: The Applicant approached the Bombay High Court to transfer Company Petition No.317 of 2012 to the National Company …

Once Resolution Plan Is Approved By NCLT, Corporate Entity Starts With Clean Slate : Calcutta High Court
6 months, 2 weeks ago

Once Resolution Plan Is Approved By NCLT, Corporate Entity Starts With Clean Slate : Calcutta High Court

Live Law  

The Calcutta High Court bench of Justice Sugato Majumdar held that after the insolvency proceeding is over and the resolution plan is duly approved by the National Company Law Tribunal, the corporate entity starts with a clean slate on rejuvenation. This led to the initiation of the Corporate Insolvency Resolution Process under the Insolvency and Bankruptcy Code, 2016, by the …

Once Arbitration Agreement Is Confirmed, Court Should Refrain From Delving Into Other Issues: Delhi High Court
6 months, 2 weeks ago

Once Arbitration Agreement Is Confirmed, Court Should Refrain From Delving Into Other Issues: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Amit Bansal held that the role of the court is limited to verifying the existence of a valid arbitration agreement. Observations by the High Court: The High Court referred to Clause 26 in the EPC Contract which provided that in the event conciliation between the parties fails, disputes may be referred to arbitration. …

Court Fully Empowered To Extend Mandate Even After Expiry Of Arbitral Tribunal's Mandate Under Section 29A(4): Delhi High Court
6 months, 3 weeks ago

Court Fully Empowered To Extend Mandate Even After Expiry Of Arbitral Tribunal's Mandate Under Section 29A(4): Delhi High Court

Live Law  

The Delhi High Court bench of Justice Prathiba M. Singh held the court is fully empowered to extend the mandate, even after the expiry of the mandate of the Arbitral Tribunal under Section 29A of the Arbitration and Conciliation Act, 1996. Feeling aggrieved, the Petitioner approached the Delhi High Court and filed a petition under Sections 29A & of the …

Issues On Merits, Should Be Raised Before Arbitrator, Not In Section 11 Proceedings ; Delhi High Court
6 months, 4 weeks ago

Issues On Merits, Should Be Raised Before Arbitrator, Not In Section 11 Proceedings ; Delhi High Court

Live Law  

The Delhi High Court bench of Justice Neena Bansal Krishna held that objection regarding the insufficiency of service is considered to be on merits and therefore should be raised before the Arbitrator. Brief Facts: The petitioner, Delhivery Limited, and the Respondent, Far Left Retail Private Limited, entered into a Service Agreement, which later resulted in a dispute. Consequently, the Petitioner …

Delhi High Court Weekly Round-Up: May 13 To May 19, 2024
7 months ago

Delhi High Court Weekly Round-Up: May 13 To May 19, 2024

Live Law  

Citations 2024 LiveLaw 580 to 2024 LiveLaw 604NOMINAL INDEXANJALI COLLEGE OF PHARMACY AND SCIENCE THROUGH ITS FOUNDER -CUM-CHAIRMAN DEVENDRA GUPTA v. DR. MONTU M. PATEL PRESIDENT PHARMACY COUNCIL OF INDIA & ANR. Salasar Synthetics 2024 LiveLaw 593 Tipping Mr Pink Private Limited Vs Tipping Mr Pink Private Limited 2024 LiveLaw 594 Deepak Maurya Vs Saraswathi Supari Processing Unit & Ors …

Indirect Tax Cases Weekly Round-Up: 31 March To 6 April 2024
8 months, 2 weeks ago

Indirect Tax Cases Weekly Round-Up: 31 March To 6 April 2024

Live Law  

Delhi High Court Case Title: Jetibai Grandsons Services India Pvt Ltd Versus Union Of India & Ors. Case Title: Blackberry India Pvt Ltd -Earlier Known As Research In Motion India Pvt Ltd Versus The Commissioner CGST The Delhi High Court has held that the department cannot, after being unsuccessful before this Court on its own, declare the refund of the …

Sec. 11, A&C Act Petition Must Be Filed In High Court Where Cause Of Action Arose, Not Necessarily At Principle Place Of Business: Delhi High Court
8 months, 3 weeks ago

Sec. 11, A&C Act Petition Must Be Filed In High Court Where Cause Of Action Arose, Not Necessarily At Principle Place Of Business: Delhi High Court

Live Law  

The Delhi High Court single bench of Justice Jasmeet Singh dismissed the application filed under Section 11 of the Arbitration and Conciliation Act, 1996 and held that such a petition should be filed at the place of the subordinate office of the corporation. “In the present case as well, the subordinate office of the respondent is situated at Satna, Madhya …

Application Under Section 29A A&C Can Be Allowed Even After Expiry Of Arbitral Tribunal's Mandate: Delhi High Court
8 months, 3 weeks ago

Application Under Section 29A A&C Can Be Allowed Even After Expiry Of Arbitral Tribunal's Mandate: Delhi High Court

Live Law  

The Delhi High Court single bench of Justice Jasmeet Singh held that the application under Section 29A of the Arbitration and Conciliation Act, 1996 can be allowed even after the expiry of the mandate of the Arbitral Tribunal. Brief Facts: The Petitioner approached the Delhi High Court seeking extension of time for completion of the arbitration proceedings. Observations by the …

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

Live Law  

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 …

Arbitration Weekly Round Up: 26th February to 3rd March 2024
9 months, 2 weeks ago

Arbitration Weekly Round Up: 26th February to 3rd March 2024

Live Law  

Supreme Court Court May Refuse To Appoint Arbitral Tribunal If S.11 Petition Is Barred By Limitation Or Claim Is Ex-Facie Time Barred : Supreme Court Case Title: M/s Arif Azim Co. Ltd. The Delhi High Court single bench of Justice Sachin Datta held that the court under Section 27 of the Arbitration and Conciliation Act, 1996 cannot determine the admissibility, …

Court Cannot Determine Admissibility, Relevancy, Materiality, And Weight Of Any Evidence Under Section 27 of A&C: Delhi High Court
9 months, 3 weeks ago

Court Cannot Determine Admissibility, Relevancy, Materiality, And Weight Of Any Evidence Under Section 27 of A&C: Delhi High Court

Live Law  

The Delhi High Court single bench of Justice Sachin Datta held that the court under Section 27 of the Arbitration and Conciliation Act, 1996 cannot determine the admissibility, relevancy, materiality, and weight of any evidence, as doing so would amount to impermissible interference with the Tribunal's proceedings. The Petitioner sought the Arbitral Tribunal's approval to approach court for seeking the …

No Need For Notice To Invoke Fresh Arbitration Where Analogous Arbitral Proceedings Going: Delhi High Court Allows Section 11(6) Petition
9 months, 4 weeks ago

No Need For Notice To Invoke Fresh Arbitration Where Analogous Arbitral Proceedings Going: Delhi High Court Allows Section 11(6) Petition

Live Law  

The Delhi High Court single bench of Justice Manoj Kumar Ohri held that in cases where there are analogous arbitration proceedings related to other agreements, there is no need to invoke fresh arbitration by issuing a notice under Section 21 of the Arbitration Act. The Petitioner approached the Delhi High Court and filed a petition under Section 11 of the …

Court Cannot Admit An Application To Modify The Final Order Passed Under Section 34 Of The A&C Act: Delhi High Court
1 year ago

Court Cannot Admit An Application To Modify The Final Order Passed Under Section 34 Of The A&C Act: Delhi High Court

Live Law  

The High Court of Delhi has held that once a petition under Section 34 of the A&C Act has been disposed of by a final order, the Court cannot admit an application seeking to modify such an order. The bench of Justices Yashwant Varma and Ravinder Dudeja set aside an order of the Court wherein the Court had, upon the …

LG's Order Terminating Services Of Consultants Can Be Challenged In Delhi HC : Supreme Court Clarifies Order Refusing To Stay Services Ordinance
1 year, 1 month ago

LG's Order Terminating Services Of Consultants Can Be Challenged In Delhi HC : Supreme Court Clarifies Order Refusing To Stay Services Ordinance

Live Law  

The Supreme Court on Monday clarified that it had not dealt with the legality of the Delhi Lieutenant Governor's order as per which appointments of more than 400 private persons as advisers, fellows, and consultants by the Aam Aadmi Party government were terminated and the issue could be decided by the Delhi High Court.The matter arose when a bench comprising …

Delhi High Court Allows Court Fee Refund Application In Commercial Suit After NCLT Imposes Interim Moratorium On Defendants
1 year, 7 months ago

Delhi High Court Allows Court Fee Refund Application In Commercial Suit After NCLT Imposes Interim Moratorium On Defendants

Live Law  

The Delhi High Court has ordered to refund court fee to a plaintiff in a commercial suit after interim moratorium was imposed on the defendants by National Company Law Tribunal in Mumbai under Insolvency and Bankruptcy Code, 2016.Expanding the scope of section 16 of Court Fees Act, 1870, Justice Yashwant Varma said:“The Court notes that once personal insolvency has commenced …

High Court Seeks Response Of Centre, Delhi Govt On Plea To Consider Enacting Advocates Protection Act In National Capital
1 year, 8 months ago

High Court Seeks Response Of Centre, Delhi Govt On Plea To Consider Enacting Advocates Protection Act In National Capital

Live Law  

The Delhi High Court on Wednesday sought response of the Union of India and Delhi Government on a plea seeking directions upon them to consider enacting the Advocates Protection Act in the national capital.Advocate KC Mittal appearing for the Bar Council of Delhi told Justice Prathiba M Singh that the lawyers’ body and the Coordination Committee of Bar Associations of …

Order Passed Under Section 11 Of The Arbitration And Conciliation Act Cannot Be Reviewed: Calcutta High Court
1 year, 9 months ago

Order Passed Under Section 11 Of The Arbitration And Conciliation Act Cannot Be Reviewed: Calcutta High Court

Live Law  

The High Court of Calcutta that the A&C Act is a complete code in itself and it does not contain any provision for the review of an order passed under Section 11 of the Act. The Bench of Justice Shekhar B. Saraf held that power of review is a creature of statute and unlike the Supreme Court which has inherent …

Information Triggering Reassessment Proceedings Needs To Be Furnished To The Assessee: Delhi High Court
1 year, 10 months ago

Information Triggering Reassessment Proceedings Needs To Be Furnished To The Assessee: Delhi High Court

Live Law  

The Delhi High Court has held that the underlying information or material that formed the basis for triggering the assessment or reassessment proceedings was required to be furnished to the assessee.The division bench of Justice Rajiv Shakdher and Justice Tara Vitasta Ganju has noted that the petitioner has indicated that it will file a further response once the information or …

Delhi High Court Transfers Pleas Seeking Recognition Of Same-Sex Marriages To Supreme Court
1 year, 10 months ago

Delhi High Court Transfers Pleas Seeking Recognition Of Same-Sex Marriages To Supreme Court

Live Law  

The Delhi High Court on Monday transferred a bunch of pleas seeking recognition of same-sex marriages in the country to the Supreme Court.A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad transferred the pleas after the Supreme Court, earlier this month, transferred to itself similar petitions. The Delhi High Court on Monday transferred a bunch of …

Moratorium Under Companies Act, 2013, Parties Cannot Be Referred To Arbitration: Delhi High Court
2 years ago

Moratorium Under Companies Act, 2013, Parties Cannot Be Referred To Arbitration: Delhi High Court

Live Law  

The Delhi High Court has ruled that the moratorium granted by the National Company Law Appellate Tribunal, staying the institution of suits and proceedings against the Corporate Debtor, after the resolution process is initiated against it under Sections 241 and 242 of the Companies Act, 2013, is akin to an order of moratorium passed under Section 14 of the Insolvency …

City Bursting At The Seams, Unauthorised Constructions Can't Be Allowed To Stand In Perpetuity: Delhi High Court
2 years, 1 month ago

City Bursting At The Seams, Unauthorised Constructions Can't Be Allowed To Stand In Perpetuity: Delhi High Court

Live Law  

The Delhi High Court has said that unauthorized constructions are a bane to "orderly development" of the city, which is bursting at its seams, and they cannot be allowed to continue to stand in perpetuity. Justice C Hari Shankar made the observation while dismissing a Delhi resident Sher Mohammad's plea challenging an order passed by Principal District & Sessions Judge …

'Large Pendency, Lack Of Uniform Method Of Prioritization': Delhi High Court Issues Directions For Expeditious Disposal Of Cases In Consumer Forums
2 years, 1 month ago

'Large Pendency, Lack Of Uniform Method Of Prioritization': Delhi High Court Issues Directions For Expeditious Disposal Of Cases In Consumer Forums

Live Law  

Taking note of the large pendency and lack of a uniform method for prioritisation of cases in the district consumer forums, the Delhi High Court has issued directions for ensuring expeditious disposal of the consumer mattersJustice Pratibha M Singh directed the Registrars of concerned district forums to start listing final matters, where evidence has been concluded, for hearing at 2:30 …

Delhi High Court Condones Delay In Payments Under VSV Due To Covid and Death Of Managing Director
2 years, 1 month ago

Delhi High Court Condones Delay In Payments Under VSV Due To Covid and Death Of Managing Director

Live Law  

The Delhi High Court, while exercising its extraordinary writ jurisdiction under Article 226 of the Constitution of India, has condoned the delay in payments under Direct Tax Vivad Se Vishwas due to COVID and the death of the managing director of the company.The division bench of Justice Manmohan and Justice Manmeet Pritam Singh Arora has observed that the power to …

The Court Can Conduct A Preliminary Inquiry Under Section 45 Of The A&C Act To Decide The Issue Of Non-Arbitrability: Delhi High Court
2 years, 1 month ago

The Court Can Conduct A Preliminary Inquiry Under Section 45 Of The A&C Act To Decide The Issue Of Non-Arbitrability: Delhi High Court

Live Law  

The High Court of Delhi has held that while exercising powers under Section 45 of the A&C Act, the Court can conduct a preliminary inquiry to decide whether the dispute in question is arbitrable or not and to decide whether it falls within the scope of the agreement. The Court held that two commercial entities entering into an agreement and …

Delhi High Court Quarterly Digest: July To September 2022 [Citations 599 To 925]
2 years, 2 months ago

Delhi High Court Quarterly Digest: July To September 2022 [Citations 599 To 925]

Live Law  

CITATIONS 2022 LiveLaw 599 TO 2022 LiveLaw 925 Nominal Index Ashwini Kumar Upadhyay v. Union of India 2022 LiveLaw 599 Ashwini Kumar Upadhyay v. Union of India 2022 LiveLaw 600 SH AWANEESH CHANDRA JHA v. ANIL PRASAD NANDA 2022 LiveLaw 601 JOHNSON JACOB v. STATE 2022 LiveLaw 602 DHRUV TEWARI v. DIRECTORATE OF ENFORCEMENT 2022 LiveLaw 603 Gulati Enterprises versus …

Article 226 | Court Cannot Re-Appreciate Evidence Already Considered By Departmental Authorities: Delhi High Court
2 years, 4 months ago

Article 226 | Court Cannot Re-Appreciate Evidence Already Considered By Departmental Authorities: Delhi High Court

Live Law  

The Delhi High Court has held that it cannot, while exercising jurisdiction under Article 226 or 227 of the Indian Constitution, in cases of departmental enquiries, re-appreciate evidence which has already been reasonably considered by the departmental authorities. A bench of Justice Chandra Dhari Singh also noted that it was not up to the High Court to adjudge upon the …

Supreme Court transfers pleas challenging Agnipath scheme to Delhi HC
2 years, 5 months ago

Supreme Court transfers pleas challenging Agnipath scheme to Delhi HC

Deccan Chronicle  

New Delhi: The Supreme Court on Tuesday transferred PILs pending before it challenging the Centre's Agnipath scheme for recruitment in the armed forces to the Delhi High Court. A bench of Justices D Y Chandrachud, Surya Kant and A S Bopanna also asked the High Courts of Kerala, Punjab and Haryana, Patna and Uttarakhand to transfer the PILs pending before …

[Order XXII Rule 3 CPC] Delay In Filing Application For Substitution Of Legal Heirs Must Be Sufficiently Explained: Delhi High Court
2 years, 5 months ago

[Order XXII Rule 3 CPC] Delay In Filing Application For Substitution Of Legal Heirs Must Be Sufficiently Explained: Delhi High Court

Live Law  

The Delhi High Court has held that applications under Order XXII Rule 3 of CPC for substitution of legal heirs, or under Order XXII Rule 9 of the Code for setting aside abatement of proceedings must be considered liberally. The issues that arose for consideration in this case were– whether the consumer complaint case filed by the respondents had abated …

Delhi High Court Quashes Reassessment Order Issued Without Considering The Reply Filed By The Assessee
2 years, 6 months ago

Delhi High Court Quashes Reassessment Order Issued Without Considering The Reply Filed By The Assessee

Live Law  

The Delhi High Court, consisting of Justice Manmohan and Justice Manmeet Preetam Singh Arora, has quashed the reassessment order issued without considering the reply filed by the assessee. The department submitted that the petitioner's reply was not taken into consideration while passing the impugned order under Section 148A of the Income Tax Act. The court directed the assessing officer to …

Delhi High Court Calls For Personal Appearance Of Contemnors For Failure To Make Deposits In Compliance Of Court's Directions
2 years, 6 months ago

Delhi High Court Calls For Personal Appearance Of Contemnors For Failure To Make Deposits In Compliance Of Court's Directions

Live Law  

In a Petition filed under Section 2 and Section 12 of the Contempt of Courts Act, 1971 along with Article 215 of the Constitution of India, the Hon'ble Delhi High Court while issuing Notice in the matter has directed personal presence of the Contemnors i.e. Mr. Sushil Ansal- Chairman, Pranav Ansal-Vice-Chairman, Mr. Anoop Sethi- CEO and Mr. Prashant Kumar- CFO …

Delhi High Court Allows Constitution Of Confidentiality Club Comprising The Counsels-On-Record For Both Parties And One Authorised Representative Of The Respondent
2 years, 7 months ago

Delhi High Court Allows Constitution Of Confidentiality Club Comprising The Counsels-On-Record For Both Parties And One Authorised Representative Of The Respondent

Live Law  

The Delhi High Court recently in a matter allowed the constitution of a confidentiality club and directed whatever information is revealed in it, will be used by the respondent only for the purpose of progressing this case. The order was passed by a division bench of Justice Rajiv Shakdher and Justice Poonam A. Bamba: "In the meanwhile, counsel for the …

Petition Under Article 227, Against The Interim Orders Of Arbitral Tribunal, Based On Violation Of Legal Provisions Can't Be Allowed: Delhi High Court
2 years, 8 months ago

Petition Under Article 227, Against The Interim Orders Of Arbitral Tribunal, Based On Violation Of Legal Provisions Can't Be Allowed: Delhi High Court

Live Law  

The Delhi High Court has ruled that a petition under Article 227 of the Constitution cannot be allowed against an order passed by the Arbitral Tribunal rejecting a plea raised under Section 16 of the Arbitration and Conciliation Act, 1996 that the Tribunal had exceeded its jurisdiction, on the ground that the Tribunal had violated the applicable legal provisions. The …

'Situation Rather Alarming': Delhi High Court Seeks Appointments In Customs & Central Excise Settlement Commissions
2 years, 8 months ago

'Situation Rather Alarming': Delhi High Court Seeks Appointments In Customs & Central Excise Settlement Commissions

Live Law  

The Delhi High Court has sought response from the Central Government over non-functioning of Customs & Central Excise Settlement Commissions, due to incomplete coram.Stating that the situation is "rather alarming", the Division Bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla granted two weeks' time for filing a status report.The petitioner, Yashpal Singh, had. The Delhi High Court …

Party Claiming Private Right In Civil Suit Entitled To File Writ Petition Requiring Municipal Corporation To Discharge Its Duty: Delhi High Court
2 years, 8 months ago

Party Claiming Private Right In Civil Suit Entitled To File Writ Petition Requiring Municipal Corporation To Discharge Its Duty: Delhi High Court

Live Law  

The Delhi High Court has adjudicated an issue as to whether a petitioner who has filed a civil suit claiming certain private rights is disentitled to file a writ petition seeking a direction to the Municipal Corporation to carry out its duty. Justice Sanjeev Sachdeva has observed that the power exercised by a High Court under Article 226 of the …

Delhi High Court Reserves Order In Plea Challenging CIC Order Denying Details Of SC Collegium's December 2018 Meeting
2 years, 8 months ago

Delhi High Court Reserves Order In Plea Challenging CIC Order Denying Details Of SC Collegium's December 2018 Meeting

Live Law  

The Delhi High Court on Monday reserved order in a plea challenging an order of Central Information Commission denying information sought regarding the decisions taken by the Supreme Court Collegium in a meeting held on December 12, 2018.Justice Yashwant Varma reserved the order today after hearing Advocate Prashant Bhushan appearing for the petitioner, activist Anjali Bhardwaj.Bhardwaj. The Delhi High Court …

Delhi High Court Weekly Roundup: March 14 To March 20, 2022
2 years, 9 months ago

Delhi High Court Weekly Roundup: March 14 To March 20, 2022

Live Law  

CITATIONS 2022 LiveLaw 202 TO 2022 LiveLaw 213NOMINAL INDEXJIVANLAL JOITARAM PATEL v. NATIONAL HIGHWAYS AUTHORITY OF INDIA 2022 LiveLaw 202Mrs. Arbitral Fee Under Fourth Schedule Based On Aggregate Value Of Claim & Counter-Claim : Delhi High Court Case Title: JIVANLAL JOITARAM PATEL v. NATIONAL HIGHWAYS AUTHORITY OF INDIA Citation: 2022 LiveLaw 202 The Delhi High Court has observed that the …

Delhi High Court Rules, Parties Under LLP Agreement Cannot Confer Jurisdiction On Courts
2 years, 9 months ago

Delhi High Court Rules, Parties Under LLP Agreement Cannot Confer Jurisdiction On Courts

Live Law  

A Single Bench of Delhi High Court of Justice Amit Bansal, has held that carrying of business in any place does not confer jurisdiction on courts to adjudicate a dispute inter se partners in an LLP. The counsel for the opposing partners/ petitioners before the High Court submitted that since the registered office of the LLP is located in Hyderabad, …

Delhi High Court Affirms No Embargo To Appointment Of An Arbitrator In Multiple Cases Under A&C Act
2 years, 10 months ago

Delhi High Court Affirms No Embargo To Appointment Of An Arbitrator In Multiple Cases Under A&C Act

Live Law  

In another recent judgment of the Delhi High Court in a petition under Section 11 of the Arbitration and Conciliation Act, 1996 challenging the appointment of an Arbitrator, the High Court affirmed the settled law that there is no bar in appointment of an Arbitrator in multiple cases, if so warranted. On the challenge to the appointment of its nominee …

High Courts Weekly Roundup [December 20, 2021 To December 26, 2021]
2 years, 11 months ago

High Courts Weekly Roundup [December 20, 2021 To December 26, 2021]

Live Law  

Allahabad High CourtAllahabad High Court Directs UP Govt To Regularly Update State Enactments, Amendments On Official Websites The High Court called upon the Uttar Pradesh Government to regularly update the text of the state laws, along with the amendments, if made, on its official websites. Other Developments: Specify Details Of Website, Platform Where Info On Criminal History Of Citizens Is …

Delhi High Court: Annual Digest 2021
2 years, 11 months ago

Delhi High Court: Annual Digest 2021

Live Law  

As the year 2021 is coming to an end, LiveLaw brings to you an yearly Round-up of important updates of the Delhi High Court. Dissent & Right To Protest Fundamental For Democratic Polity; Sole Act Of Protesting Must Not Be Employed As A Weapon To Justify Incarceration Of Protestors: Delhi High Court "…the sole act of protesting should not be …

Delhi High Court Stays Action Against Police Officials For Filing Two Distinct Chargesheets In Minor Rape Case
3 years ago

Delhi High Court Stays Action Against Police Officials For Filing Two Distinct Chargesheets In Minor Rape Case

Live Law  

The Delhi High Court on Friday stayed a trial court order directing legal action against an Investigating Officer and SHO for filing two distinct chargesheets in a minor rape case. Justice Anu Malhotra, who sought status report from the Delhi Police, stayed the operation of the order dated 24th November 2021 wherein the Sessions Court had observed that the action …

Delhi High Court Passes Directions Regarding Advance Intimation Of Leave By District Court Judges, Immediate Updation On Website
3 years, 1 month ago

Delhi High Court Passes Directions Regarding Advance Intimation Of Leave By District Court Judges, Immediate Updation On Website

Live Law  

The Delhi High Court on Friday issued a notification regarding advance intimation of leave by judges of all the District Courts and immediate updation of its status on the website. According to a notification issued by the Registrar General of the High Court, all the Principal District & Sessions are directed by the Chief Justice of the High Court to …

'Little Sensitivity Shown By Delhi Govt In Providing Infrastructure For Virtual Hearings At District Courts': Delhi High Court
3 years, 3 months ago

'Little Sensitivity Shown By Delhi Govt In Providing Infrastructure For Virtual Hearings At District Courts': Delhi High Court

Live Law  

The Delhi High Court has expressed its displeasure at the manner in which the Delhi Government has been dealing with the issue of providing infrastructure for virtual hearings in district courts and other quasi judicial bodies in the national capital.A Bench of Justices Vipin Sanghi and Jasmeet Singh said:"There seems to be little sensitivity shown by the GNCTD in the …

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