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 that TML's withdrawal of the Section 9 petition estops them from seeking similar relief under Section 17. DTC's main challenge rested on the grounds of constructive res judicata, contending that TML's unconditional withdrawal of its Section 9 petition amounted to conceding DTC's right to recover KMPKG penalty. The High Court underscored that DTC, having benefited from avoiding potential contemptuous action through a mutual agreement, could not argue that the withdrawal of Section 9 petition was unconditional and hence amounted to res judicata.

Delhi High Court Parties Delhi High Court Application Res Judicata High Withdrawal Petition Res Dtc Section 17 Section 9 Court Dismisses Kmpkg Section 17 Application Tml  application  high  judicata  court  dismisses  parties  delhi  res  dtc  tml  mr  dtcs  withdrawal  372b  conditional  petition

History of this topic

There Cannot Be 'Disconnect' Between Reasons For Initiating Reassessment U/S 147 Of IT Act & Grounds On Which Final Order Is Passed: Delhi HC
4 days, 7 hours ago

There Cannot Be 'Disconnect' Between Reasons For Initiating Reassessment U/S 147 Of IT Act & Grounds On Which Final Order Is Passed: Delhi HC

Live Law  

The Delhi High Court has held that only 'original reasons' which formed the basis for initiating reassessment proceedings under Section 147 of the Income Tax Act can be taken into consideration by the Assessing Officer, for coming to the conclusion that income had escaped assessment. A division bench of Justice Yashwant Varma Hon'ble Mr. Justice Dharmesh Sharma observed that there …

Delhi High Court Slaps ₹1 Lakh Cost On Litigant For Filing Contempt Plea Against CCI To Stall Authority's Ongoing Investigation Against It
5 days, 8 hours 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 …

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 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 …

Special Treatment Cannot Be Given To Govt For Delay In Filing Appeal U/S 37 Of Arbitration Act: Delhi High Court
3 weeks, 3 days ago

Special Treatment Cannot Be Given To Govt For Delay In Filing Appeal U/S 37 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court bench of Ms. Justice Rekha Palli and Mr. Justice Saurabh Banerjee has affirmed that just because the appellant is government that doesn't mean that a special treatment will be given while condoning the delay in filing the appeal under section 37 of the Arbitration Act. That In M/s Jaitely Construction Co. v. Union of India the …

Delhi High Court Stays Arbitral Proceedings Where Petitioner's Defence Was Struck-Off Due To Non-Payment Of Arbitral Fees
3 weeks, 5 days 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. …

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

Calcutta High Court Injuncts State Govt, WBIDC From Disposing Of Property In KMC Area Over Essex Arbitral Award Case
1 month ago

Calcutta High Court Injuncts State Govt, WBIDC From Disposing Of Property In KMC Area Over Essex Arbitral Award Case

Live Law  

The Calcutta High Court bench of Justice Shampa Sarkar has injuncted the West Bengal Government and WBIDC from disposing of subject matter of the Award in the execution petition filed by the award-holder in Essex case. Per contra, the respondents submitted that similar point was raised in the proceedings under Section 36 of the Act and also in the special …

Whether Claim Is Barred By Res Judicata Cannot Be Decided By Court At S.11 Stage Of Arbitration Act: P&H High Court
1 month ago

Whether Claim Is Barred By Res Judicata Cannot Be Decided By Court At S.11 Stage Of Arbitration Act: P&H High Court

Live Law  

The Punjab and Haryana High Court bench of Justice Survir Sehgal affirmed that the question whether a claim is barred by res judicata, does not arise for consideration in a proceedings under Section 11 of the Arbitration Act. That the petitioner had two remedies and having chosen to avail the remedy under Real Estate Act, 1996, he was debarred from …

Contempt Action Should Be Avoided When Order For Compliance Is Challenged Under Appeal: Punjab & Haryana High Court
1 month, 1 week ago

Contempt Action Should Be Avoided When Order For Compliance Is Challenged Under Appeal: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has said that the contempt court should avoid taking action when the order for compliance is challenged under appeal.Justice Sureshwar Thakur and Sudeepti Sharma said that, "the contempt action has to be sparingly drawn, and, is to be avoided to be drawn, as a measure to coerce the purported errant litigant to make compliances …

Calcutta High Court Pulls Up Lawyer's Juniors For 'Threatening' Dept To Admit Appeal Without Order Copy
1 month, 1 week 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 …

Delhi HC refuses to stay trial court proceedings against Kejriwal in ED case
1 month, 1 week ago

Delhi HC refuses to stay trial court proceedings against Kejriwal in ED case

Hindustan Times  

The Delhi high court on Tuesday refused to immediately stay the trial court proceedings against former Delhi chief minister Arvind Kejriwal in a case filed by Enforcement Directorate against him for allegedly disobeying the summons issued by the agency in the Delhi excise policy case. A bench of justice Manoj Kumar Ohri refused to halt the proceedings saying that the …

Scope Of Review U/S 37 Is Limited To Ascertaining Compliance With S. 34 Of Arbitration Act: Delhi High Court
1 month, 1 week 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 …

Employee Can Join New Employer After Previous Employer Rejects Offer
1 month, 2 weeks ago

Employee Can Join New Employer After Previous Employer Rejects Offer

Live Law  

A single judge bench of the Delhi High Court has ruled that an employer cannot deny an appointment to an employee who has already been relieved by the previous employer. The court held that the employee's failure to provide a relieving letter within the stipulated time period was the sole reason for the revocation of his appointment. The court allowed …

Employee Can Join New Employer After Previous Employer Releases Him
1 month, 2 weeks ago

Employee Can Join New Employer After Previous Employer Releases Him

Live Law  

A single judge bench of the Delhi High Court has ruled that an employer cannot deny an appointment to an employee who has already been relieved by the previous employer. The court held that the only reason for revoking the joining of the employee was that he was unable to furnish a relieving letter from BVFCL, as per the undertaking …

Contempt Of Courts Act | Appeal u/s 19 Maintainable Against Directions Regarding Merits Of Dispute Even If There's No Punishment Order: Supreme Court
4 months, 2 weeks ago

Contempt Of Courts Act | Appeal u/s 19 Maintainable Against Directions Regarding Merits Of Dispute Even If There's No Punishment Order: Supreme Court

Live Law  

On December 24, 2019, the division bench of the high court stated that the respondent must be reinstated in service with all consequential benefits. However, the division bench rejected the Letters Patent Appeal as not being maintainable stating that the appeal would not be maintainable since no punishment was imposed by the single judge and the observations made by 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 …

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 …

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 …

[Lok Sabha Elections] Calcutta High Court Dismisses BJP's Appeal Against Order Restraining It From Running Allegedly Derogatory Ads Against TMC
7 months ago

[Lok Sabha Elections] Calcutta High Court Dismisses BJP's Appeal Against Order Restraining It From Running Allegedly Derogatory Ads Against TMC

Live Law  

The Calcutta High Court has dismissed an appeal by Bharatiya Janata Party against an order by a single judge which restrained it from printing certain allegedly derogatory The Calcutta High Court has dismissed an appeal by Bharatiya Janata Party against an order by a single judge which restrained it from printing certain allegedly derogatory A division bench of Chief Justice …

Arbitration Weekly Round-Up: 15th April to 21st April 2024
7 months, 4 weeks ago

Arbitration Weekly Round-Up: 15th April to 21st April 2024

Live Law  

High Courts Bombay High Court Can A Section 29A Application Be Filed In The Commercial Court Or Only In The High Court? An Award Issued By Unilaterally Appointed Arbitrator Can Be Contested For Invalidity Of Appointment, Even By The Appointing Party: Delhi High Court Case Title: Telecommunication Consultants India Ltd v. Shivaa Trading Citation: 2024 LiveLaw 471 The High Court …

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 …

Whether Non-Filing Of 'Statement Of Truth' Along With A Petition U/S 34 Of A&C Act Makes The Filing Non-Est? Delhi High Court Refers Question To Larger Bench For Clarification In View Of Conflicting..
8 months, 2 weeks ago

Whether Non-Filing Of 'Statement Of Truth' Along With A Petition U/S 34 Of A&C Act Makes The Filing Non-Est? Delhi High Court Refers Question To Larger Bench For Clarification In View Of Conflicting..

Live Law  

The Single Bench of Justice Prateek Jalan has referred the question 'Whether non-filing of statement of truth with a Challenge Petition would make the filing non-est' to a larger bench in view of conflicting views taken by two Division Benches. The petitioner made the following counter-arguments: Non-filing of statement of truth is only a procedural defect and the effective date …

No Writ Against Order Of Tribunal Rejecting Application U/S 16 Of The A&C Act Unless It Shocks The Conscience Of The Court: Delhi High Court
8 months, 3 weeks ago

No Writ Against Order Of Tribunal Rejecting Application U/S 16 Of The A&C Act Unless It Shocks The Conscience Of The Court: Delhi High Court

Live Law  

The High Court of Delhi has held that an order of the arbitral tribunal rejecting an application challenging its jurisdiction under Section 16 of the A&C Act cannot be challenged in a writ petition unless the order is so perverse that it shocks the conscience of the Court. During pendency of the arbitration proceedings, the petitioner moved an application under …

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 …

Unilateral Appointment Of Arbitrator By Party: Delhi High Cout Set Aside Arbitral Award As It Contravened Section 12(5) A&C And & 7th Schedule
8 months, 4 weeks ago

Unilateral Appointment Of Arbitrator By Party: Delhi High Cout Set Aside Arbitral Award As It Contravened Section 12(5) A&C And & 7th Schedule

Live Law  

The Delhi High Court single bench of Justice Jasmeet Singh held aside an arbitral award noting that the arbitrator was unilaterally appointed by the Respondent. The bench held that that the unilateral appointment of the Sole Arbitrator by Respondent was non-est in law, as it contravened Section 12 read with the Seventh Schedule of the Arbitration and Conciliation Act, 1996. …

Delhi High Court rejects Congress’s plea against tax reassessment
9 months ago

Delhi High Court rejects Congress’s plea against tax reassessment

The Hindu  

In a huge setback to the Congress ahead of the Lok Sabha elections, the Delhi High Court on Friday rejected its pleas challenging the reassessment proceedings initiated against it by the Income Tax department. The Congress has challenged initiation of proceedings under Section 153C of the Income Tax Act for assessment pertaining to assessment years 2014-15 to 2016-17. The I-T …

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 …

DRT | Rejection Of Application Under Order 7 Rule 11 Will Not Operate As Res Judicata On Deciding Issue Of Limitation: Allahabad High Court
10 months, 1 week ago

DRT | Rejection Of Application Under Order 7 Rule 11 Will Not Operate As Res Judicata On Deciding Issue Of Limitation: Allahabad High Court

Live Law  

The Allahabad High Court has held that rejection of application under Order VII Rule 11 of the Civil Procedure Code will not operate as res judicata on deciding issue of limitation raised at the time of final hearing. will not operate as res judicata.” The Court reiterated that for deciding an application under Order VII Rule 11 of CPC, the …

Section 11 Petition Can Be Filed Only After Failure Of Parties To Appoint Arbitrator Within 30 Days Of Notice, Limitation Act Applies: Delhi High Court
10 months, 1 week ago

Section 11 Petition Can Be Filed Only After Failure Of Parties To Appoint Arbitrator Within 30 Days Of Notice, Limitation Act Applies: Delhi High Court

Live Law  

The Delhi High Court bench, comprising Justice Prathiba M. Singh, held that a petition under Section 11 of the Arbitration and Conciliation Act, 1996 can only be filed after a notice of arbitration has been issued and there has been a failure to make the appointment of an arbitrator within 30 days. The bench held that the limitation period arises …

High Court Under S. 482 CrPC Should Not Decide Whether Debt In Cheque Dishonour Case Is Time-Barred: Supreme Court
10 months, 3 weeks ago

High Court Under S. 482 CrPC Should Not Decide Whether Debt In Cheque Dishonour Case Is Time-Barred: Supreme Court

Live Law  

The Supreme Court recently reiterated that in proceedings under Section 138 of the Negotiable Instruments Act, 1881, the question of whether the underlying debt is time-barred is based on the evidence. “Undoubtedly, the question regarding the time-barred nature of an underlying debt or liability in proceedings under Section 138 of the NI Act is a mixed question of law and …

Judicial System Can't Function If Parties Are Allowed To Resile From Their Undertaking Without Any Reasons: Delhi High Court
1 year ago

Judicial System Can't Function If Parties Are Allowed To Resile From Their Undertaking Without Any Reasons: Delhi High Court

Live Law  

The Delhi High Court has observed that the judicial system cannot function if the parties are permitted to resile from the undertaking given by them without any reasons. Justice Jasmeet Singh said that there is solemnity and seriousness attached to court proceedings and parties cannot give undertakings without intending to honour them, or at least, they must make sincere and …

Arbitration Weekly Round-Up: 27th November to 3rd December
1 year ago

Arbitration Weekly Round-Up: 27th November to 3rd December

Live Law  

Bombay High Court N.N. Court U/S 37 Of The A&C Act Can’t Undertake An Independent Assessment Of Arbitral Award,: Bombay High Court Case Title: Madgavkar Salvage v. Bergen Offshore Logistics Pvt Ltd, Comm. Taking into account the legal position, the case law on the subject and the particular facts in the present matter, the Court is accordingly of the view …

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 …

Before Issuing Summons U/S 138 NI Act, Only Prima Facie View On Presence Of Basic Ingredients Of The Offence Necessary: Delhi High Court
1 year, 1 month ago

Before Issuing Summons U/S 138 NI Act, Only Prima Facie View On Presence Of Basic Ingredients Of The Offence Necessary: Delhi High Court

Live Law  

Justice Amit Bansal of the Delhi High Court recently upheld summoning orders passed in a complaint case u/s 138 Negotiable Instruments Act, observing that evidence need not be gone into by the MM while conducting inquiry u/s 202 Cr.P.C. “At the stage of issuance of summons, for the purpose of Section 202 of the CrPC read with section 145 of …

Continuing To Contest The Suit Does Not Waive The Right To Arbitration When A Section 8 Objection Was Raised In Written Submissions And Arguments: Delhi High Court.
1 year, 1 month ago

Continuing To Contest The Suit Does Not Waive The Right To Arbitration When A Section 8 Objection Was Raised In Written Submissions And Arguments: Delhi High Court.

Live Law  

The High Court of Delhi has held that a party cannot be deemed to have waived off its right to arbitration merely because it continued to contest the suit when it had specifically raised objection to the maintainability of the suit due to the presence of the arbitration agreement. The bench of Justice C. Hari Shankar held that when a …

Delhi High Court Quashes Non-Speaking Order Rejecting The Grant Of An LDC Permitting Deduction Of 0.01% TDS
1 year, 1 month ago

Delhi High Court Quashes Non-Speaking Order Rejecting The Grant Of An LDC Permitting Deduction Of 0.01% TDS

Live Law  

The Delhi High Court has quashed the non-speaking order rejecting the grant of a lower deduction of tax certificate permitting the deduction of 0.01% TDS.The bench of Chief Justice Satish Chandra Sharma and Justice Tushar Rao Gedela has observed that the reasons furnished by the Respondent/department qua the Application i.e., as to why the Petitioners’ request that TDS should not. …

Delhi High Court Limits Adjustment Of Tax Refunds Against Disputed Demands At 20%
1 year, 3 months ago

Delhi High Court Limits Adjustment Of Tax Refunds Against Disputed Demands At 20%

Live Law  

The Delhi High Court has limited the adjustment of tax refunds against disputed demands to 20%.The bench of Justice Rajiv Shakdher and Justice Girish Kathpalia has observed that the action of the AO in adjusting the refund due to the petitioner/assessee for AY 2022–23 against the disputed demands for AYs 2011–12, 2012–13, and 2014–15 was not only hasty but was …

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

Live Law  

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 …

Court Has Power To Issue Time Bound Directions To Collector Of Stamps To Decide On Unstamped Arbitration Agreements, Purpose Of Section 11(13) Of A&C Act Should Not Be Defeated: Delhi High Court
1 year, 3 months ago

Court Has Power To Issue Time Bound Directions To Collector Of Stamps To Decide On Unstamped Arbitration Agreements, Purpose Of Section 11(13) Of A&C Act Should Not Be Defeated: Delhi High Court

Live Law  

The Delhi High Court has held the Court exercising power under Section 11 of the A&C Act has the power to issue time bound directions to Collector of Stamps to decide on unstamped arbitration agreements to ensure that the mandate of Section 11 of the A&C Act that provides for expeditious disposal of Section 11 petition should not be defeated. …

Supreme Court Stays Delhi HC Order Sentencing Business Tycoon’s Son To 3 Months Prison For Not Paying Maintenance To Ex-Partner
1 year, 4 months ago

Supreme Court Stays Delhi HC Order Sentencing Business Tycoon’s Son To 3 Months Prison For Not Paying Maintenance To Ex-Partner

Live Law  

The Supreme Court recently stayed the order of the Delhi High Court which sentenced the son of a business tycoon to three months simple imprisonment for failing to pay maintenance to his former partner.The Court also stayed the High Court direction to issue a Look Out Circular against the appellant. The Supreme Court recently stayed the order of the Delhi …

DHJS Exam 2022 : Supreme Court Sets Aside Delhi HC Order Allowing Re-Evaluation Of Answer Sheet
1 year, 5 months ago

DHJS Exam 2022 : Supreme Court Sets Aside Delhi HC Order Allowing Re-Evaluation Of Answer Sheet

Live Law  

The Supreme Court recently set aside an order of the Delhi High Court that permitted re-evaluation of the answer script of a candidate for the Delhi Higher Judicial Main Examination 2022 on the ground that there was no ‘material error’ warranting interference.The Delhi High Court had allowed re-evaluation of question No.9 of Law Paper-I of the candidate, after his representation …

Mere Pendency Of An Appeal Would Not Detract From The Excise Duty Refund Demand: Delhi High Court
1 year, 5 months ago

Mere Pendency Of An Appeal Would Not Detract From The Excise Duty Refund Demand: Delhi High Court

Live Law  

The Delhi High Court has held that the mere pendency of an appeal or an order of stay that may operate would not detract from the obligation of any person claiming a refund to make an application within the period prescribed and computed with reference to the "relevant date". The Central Excise Department asserted that, in light of the plain …

Arbitration Cases Weekly Round-Up: 10 July To 16 July 2023
1 year, 5 months ago

Arbitration Cases Weekly Round-Up: 10 July To 16 July 2023

Live Law  

Supreme Court: Can Ineligible Person Appoint Arbitrator? High Courts: Delhi High Court: “Counter-Balancing” Not Achieved When 2/3rd Members Of The Arbitral Tribunal To Be Appointed By One Party: Delhi High Court Case Title: Margo Networks Pvt Ltd & Anr vs. Railtel Corporation of India Ltd The Delhi High Court has ruled that where a party is required to appoint an …

Well Reasoned Interim Order Of Arbitral Tribunal, Courts Should Not Interfere Under Section 37 Of The A&C Act : Delhi HC
1 year, 5 months ago

Well Reasoned Interim Order Of Arbitral Tribunal, Courts Should Not Interfere Under Section 37 Of The A&C Act : Delhi HC

Live Law  

The High Court of Delhi has held that the Court under Section 37 of the A&C Act should not interfere with a reasoned order of the tribunal granting interim relief based on thorough examination of the matter. Accordingly, the Respondent No.1 invoked the dispute resolution clause and issued a notice for amicable settlement, however, upon the failure of the parties …

Punjab & Haryana High Court Revives Contempt Petition Against Additional Session Judge, Who Acquitted Murder Accused Despite Stay Order
1 year, 5 months ago

Punjab & Haryana High Court Revives Contempt Petition Against Additional Session Judge, Who Acquitted Murder Accused Despite Stay Order

Live Law  

The Punjab & Haryana High Court has revived contempt proceedings against the then Additional Session Judge of Kapurthala, who despite the stay order of the High Court acquitted the accused in a 2016 murder case. A contempt petition was filed against the judge for disobeying the order of the High Court and in 2019 it directed the Registrar Vigilance to …

To Claim Backwages, Initial Burden Is On Employee To Establish That He Was Not Gainfully Employed During Period Of Dismissal : Supreme Court
1 year, 5 months ago

To Claim Backwages, Initial Burden Is On Employee To Establish That He Was Not Gainfully Employed During Period Of Dismissal : Supreme Court

Live Law  

The Supreme Court on Wednesday ordered the Delhi Transport Corporation to pay Rs. 3 lakhs in lieu of back wages to a conductor who was terminated from service and later on reinstated by the order of the Labour Court on the ground that the appellant discharged the burden by establishing that he was unemployed for thirteen months after termination. However, …

HC issues notice to Sajjanar in TSRTC fund diversion case
1 year, 5 months ago

HC issues notice to Sajjanar in TSRTC fund diversion case

Deccan Chronicle  

HYDERABAD: The Telangana High Court issued notices to TSRTC’s vice chairman-cum-MD V.C. Vijayapushpa Kumari, seeking their reply on why contempt proceedings should not be initiated against them for flouting court orders dated April 26, pertaining to returning money to the TSRTC Employees Credit and Thrift Cooperative Society. The action comes on a case filed by TSRTC employees with the High …

Res Judicata | Section 10 CPC Applies Only In Cases Where Whole Subject Matter In Both Suits Is Identical: Himachal Pradesh High Court
1 year, 5 months ago

Res Judicata | Section 10 CPC Applies Only In Cases Where Whole Subject Matter In Both Suits Is Identical: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court while highlighting the requirement of an identical subject matter for the application of Section 10 of the Code of Civil Procedure on Tuesday emphasized that the words "directly and substantially in issue" should be interpreted in contrast to matters that are merely "incidental or collateral". The case before the court involved a civil suit filed …

Reasons For Bias Do Not Fall Under VII Schedule Of A&C Act , Petition Is Abuse Of Process Of Court : Delhi High Court
1 year, 7 months ago

Reasons For Bias Do Not Fall Under VII Schedule Of A&C Act , Petition Is Abuse Of Process Of Court : Delhi High Court

Live Law  

The Delhi High Court has held that an arbitrator can be removed under Section 14 which provides for de jure ineligibility of arbitrator only if his appointment falls within the grounds mentioned under the VII Schedule. The bench of Justice Chandra Dhari Singh held that the mandate of the arbitrator on grounds of bias and prejudice cannot be terminated if …

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