Technical Deficiencies, Including Pagination And Affidavit Attestation, Do Not Render Section 34 Under A&C Act Non-Est: Delhi High Court
1 year ago

Technical Deficiencies, Including Pagination And Affidavit Attestation, Do Not Render Section 34 Under A&C Act Non-Est: Delhi High Court

Live Law  

The High Court of Delhi has held that technical deficiencies, including pagination and affidavit attestation, do not invalidate petitions under Section 34 of the A&C Act. Subsequently, on 10.07.2019, the petitioner refiled the petition, encountering objections from the Registry, including pagination concerns, jurisdictional matters, and the attestation of affidavits. Registry objections were deemed procedural and curable, and the non-removal within seven days did not render the subsequent re-filing as non est. Case Title: Viceroy Engineering v. Smiths Detection Veecon Systems Pvt Ltd, OMP 302 of 2019 Citation: 2023 LiveLaw 1262 Neutral Citation: 2023:DHC:8646 Date: 04.12.2023 Counsel for the Petitioner: Mr. Percival Billimoria, Senior Advocate with Mr Shekhar Kumar, Mr Gandharav Anand, Ms Jasmine Damkewala, Mr Aditya Raj, Ms. Rachita Sood, Mr. Divyam Khera, Mr Divyam Khera, Mr Advait Joshi and Ms. Nishtha Tyagi, Advocates Counsel for the Respondent: Ms. Payal Chawla, Ms. Latika Arora, Advocates Click Here To Read/Download Order

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History of this topic

'Balance Must Be Stricken Between Mistake And Chance To Rectify Lapse', Delhi High Court Allows Candidates To Join Post
3 weeks, 5 days ago

'Balance Must Be Stricken Between Mistake And Chance To Rectify Lapse', Delhi High Court Allows Candidates To Join Post

Live Law  

A Division Bench of Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur observed while allowing a Petition that authorities must look into the accuracy of documents and decide the cases of candidates based on facts and circumstances of each case. The third Petitioner's candidature was rejected on the ground of alleged mismatch in the name of the petitioner's …

'Balance Must Be Stricken Between Mistake And Chance To Rectify Lapse', Delhi High Court Allows Candidates To Join Post
3 weeks, 5 days ago

'Balance Must Be Stricken Between Mistake And Chance To Rectify Lapse', Delhi High Court Allows Candidates To Join Post

Live Law  

A Division Bench of Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur observed while allowing a Petition that authorities must look into the accuracy of documents and decide the cases of candidates based on facts and circumstances of each case. The third Petitioner's candidature was rejected on the ground of alleged mismatch in the name of the petitioner's …

Supreme Court Seeks Explanation From Registry On Why Counter Affidavit Filed By Non-Party Was Accepted
Trending News
1 month ago

Supreme Court Seeks Explanation From Registry On Why Counter Affidavit Filed By Non-Party Was Accepted

Live Law  

The Supreme Court on November 14 sought an explanation from the Registrar how a party was able to file a counter-affidavit when its application seeking impleadment was not allowed by the Court. A bench of Justices Bela M. Trivedi and Satish Chandra Sharma was hearing a Special Leave Petition filed against the May 17 order of the Punjab & Haryana …

High Court Allows Review Petition, Recalls Direction to Respondents to Appoint Petitioner Due to Low Merit
2 months ago

High Court Allows Review Petition, Recalls Direction to Respondents to Appoint Petitioner Due to Low Merit

Live Law  

The Delhi High Court allows a Review Petition filed by the Respondents seeking review of its order directing the Respondent to recall the appointment of a candidate. The Court held that the Respondent was required to issue an appointment letter to the Petitioner as per his respective merit in the respective LDCE, even though the Petitioner was not informed of …

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 …

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 …

Section 34 Petition Is Non-Est If Filed Without The Arbitral Award: Delhi High Court
11 months, 2 weeks ago

Section 34 Petition Is Non-Est If Filed Without The Arbitral Award: Delhi High Court

Live Law  

The High Court of Delhi has held that non-filing of the arbitral award along with the petition under Section 34 of the A&C Act is a fatal defect which renders the filing as non-est. The bench of Justices Suresh Kumar Kait and Neena Bansal Krishna held that filing of an award along with the challenge petition is not an empty …

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 …

NCLAT New Delhi: Limitation To File Appeal Commences On The Order Pronouncement Date And Not When Aggrieved Party Becomes Aware Of Its Content
1 year, 2 months ago

NCLAT New Delhi: Limitation To File Appeal Commences On The Order Pronouncement Date And Not When Aggrieved Party Becomes Aware Of Its Content

Live Law  

The National Company Law Appellate Tribunal, Principal Bench, New Delhi comprising of Justice Ashok Bhushan, Barun Mitra, and Arun Baroka, dismissed the two applications filed in Raiyan Hotels and Resorts Pvt. The Appellate Tribunal held that the Limitation for filing of the Appeal does not commence on the date when the Appellant became aware of the contents but it shall …

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 …

What Is The Scope Of Scrutiny An Officer Is Required To Make While Clearing A Petition For Listing? Delhi High Court Asks Registrar To Clarify
1 year, 8 months ago

What Is The Scope Of Scrutiny An Officer Is Required To Make While Clearing A Petition For Listing? Delhi High Court Asks Registrar To Clarify

Live Law  

The Delhi High Court has directed its Registrar to clarify the scope of scrutiny required to be made by the scrutiny officer while clearing a petition for listing.Justice Anup Jairam Bhambhani also asked the Registrar whether there are any general directions or judicial orders requiring the scrutiny officer to form a “prima- facie opinion” as to whether a prayer is. …

Section 34 Arbitration Petition Filed In Anticipation Of Approval By Authority Not Valid : Delhi High Court
1 year, 9 months ago

Section 34 Arbitration Petition Filed In Anticipation Of Approval By Authority Not Valid : Delhi High Court

Live Law  

The High Court of Delhi has held that a petition filed under Section 34 of the A&C Act is not a valid filing if it is filed without or in anticipation of the final approval. Few of the defects included were that the petition was not maintainable as per the pecuniary jurisdiction of the High Court, the filing was done …

Non-Attestation Of Affidavit With Section 34 Application; A Procedural Irregularity; Application Valid: Delhi High Court
1 year, 11 months ago

Non-Attestation Of Affidavit With Section 34 Application; A Procedural Irregularity; Application Valid: Delhi High Court

Live Law  

The Delhi High Court has ruled that non-attestation of the affidavit accompanying the application filed under Section 34 of the Arbitration and Conciliation Act, 1996 is a mere procedural irregularity. The petitioner- Raj Kumar Gupta, filed an application under Section 34 of the A&C Act before the Delhi High Court, challenging the arbitral award rendered against it. The Court ruled …

Venue Restriction Provision Contained In Section 42 of A&C Act, Not Applicable To Proceedings Seeking Enforcement Of Award: Delhi High Court
2 years ago

Venue Restriction Provision Contained In Section 42 of A&C Act, Not Applicable To Proceedings Seeking Enforcement Of Award: Delhi High Court

Live Law  

The Delhi High Court has reiterated that Section 42 of the Arbitration and Conciliation Act, 1996 would have no application to proceedings seeking enforcement of arbitral award. The petitioner/ award holder Ramacivil India Constructions filed a petition before the Delhi High Court seeking enforcement of the arbitral award passed by the Sole Arbitrator. Referring to the decision of the Division …

Arbitrator Terminating The Arbitral Proceedings Under Section 25(A) Of The A&C Act, Challenge Maintainable Under Article 227 Of The Constitution Of India: Delhi High Court
2 years, 7 months ago

Arbitrator Terminating The Arbitral Proceedings Under Section 25(A) Of The A&C Act, Challenge Maintainable Under Article 227 Of The Constitution Of India: Delhi High Court

Live Law  

The Delhi High Court has ruled that since no alternate remedy is available to the claimant to challenge the order of the arbitrator terminating the arbitral proceedings under Section 25 of the Arbitration and Conciliation Act, 1996, hence, a petition under Article 227 of the Constitution of India against the said order of the arbitrator is ex facie maintainable. The …

Filing Written Statement In Prescribed Time Without Affidavit Of Admission/ Denial Of Documents Not 'Non-Est' Filing: Delhi High Court
2 years, 7 months ago

Filing Written Statement In Prescribed Time Without Affidavit Of Admission/ Denial Of Documents Not 'Non-Est' Filing: Delhi High Court

Live Law  

The Delhi High Court has observed that the filing of a written statement within the prescribed time but without an accompanying affidavit of admission or denial of documents, does not amount to non-est filing since it cannot be said that nothing was filed at all. It was thus submitted that the written statement was filed within the time of 120 …

Delhi hate speech: Expressing dissatisfaction at police’s affidavit, SC asks to file 'better affidavit'
2 years, 8 months ago

Delhi hate speech: Expressing dissatisfaction at police’s affidavit, SC asks to file 'better affidavit'

Firstpost  

Delhi Police had told the top court that no specific words against any community were uttered at an event organised here by the Hindu Yuva Vahini’ on 19 December last year. New Delhi: The Supreme Court on Friday expressed its displeasure over a Delhi Police affidavit filed in connection with alleged hate speeches made during an event held here and …

In Contempt Matters The Affidavit Should Not Contain More Than 3 Pages: Gujarat High Court To Govt Pleaders
3 years ago

In Contempt Matters The Affidavit Should Not Contain More Than 3 Pages: Gujarat High Court To Govt Pleaders

Live Law  

Taking note of the practice of filing long affidavits before the Court in contempt matters, the Gujarat High Court today directed the Government pleaders to restrict their affidavits to a maximum of three pages.The Bench of Chief Justice Aravind Kumar and Justice Ashutosh Shastri orally remarked thus:"This practice of filing affidavits in 8 pages, 12 pages should stop in contempt …

"Do Little Service To This Court Or Sanctity Of It's Procedure": Delhi High Court Unhappy Over Improper Filing Of Document In Petition
3 years ago

"Do Little Service To This Court Or Sanctity Of It's Procedure": Delhi High Court Unhappy Over Improper Filing Of Document In Petition

Live Law  

The Delhi High Court has recently expressed it's unhappiness over improper filing of a notice in the form of a 'folded photograph' in the petition remarking that such filing "do little service to the Court or sanctity of it's procedure".Justice C Hari Shankar noted that the notice dated 23rd February, 2021 issued by the petitioner in the matter to the …

Delhi High Court mandates attested affidavits to file petitions, suits
4 years, 2 months ago

Delhi High Court mandates attested affidavits to file petitions, suits

India TV News  

The Delhi High Court on Tuesday declined to strike down with its administrative order which makes it mandatory to file petitions and suits, accompanied with affidavits which are duly attested by the oath commissioner. The bench, however, granted liberty to the woman petitioner to file an exemption application before each of the courts concerned explaining the facts and circumstances and …

Delhi HC Refuses To Quash Registrar General's Order Mandating Submission Of Court Fee and Affidavit While Filing Petitions [Read Order]
4 years, 2 months ago

Delhi HC Refuses To Quash Registrar General's Order Mandating Submission Of Court Fee and Affidavit While Filing Petitions [Read Order]

Live Law  

Delhi High Court has refused to set aside the order dated 28/08/20 passed by the court's Registrar General whereby submission of court fee and duly attested affidavit has been made mandatory while filing petitions. The order has come in a plea moved by a senior citizen, who's residing in Jalandhar, seeking court's direction to quash the order dated 28/08/20 passed …

Petitions Relating To Industrial Disputes Will Not Be Listed If Exceptional Circumstances Are Not Disclosed: Delhi HC Registry [Read Order]
4 years, 2 months ago

Petitions Relating To Industrial Disputes Will Not Be Listed If Exceptional Circumstances Are Not Disclosed: Delhi HC Registry [Read Order]

Live Law  

The Registry of the Delhi High Court has issued an office order stating that no petition related to the industrial disputes will be listed if exceptional circumstances under which relief is sought are not disclosed in the petition. The said office order has been issued to give effect to the judicial order passed by the Single Bench of Justice JR …

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