Arbitration Clause Allowing MD To Appoint Sole Arbitrator After Failure Of Appointment By Mutual Consent Violates SC's Order: Delhi High Court

The Delhi High Court bench of Justice Jyoti Singh has held that the clause in question indeed contemplates the appointment of an Arbitrator by mutual consent; however, in the event of failure, it vests the power of appointing a Sole Arbitrator with the Managing Director of Respondent No. 1. It further held that the Company acting through its Managing Director will have interest...

Recourse To External Correspondences To Interpret Clause Despite Clear & Unambiguous Terms Amounts To 'Patent Illegality': Delhi High Court

The Delhi High Court bench comprising Justice Vibhu Bakhru and Justice Tejas Karia has held that when the language of the contract is plain, clear and unambiguous, recourse to internal aids of interpretation or extraneous materials such as negotiations and correspondence is impermissible. “Ignoring an explicit clause of the contract or acting contrary to the terms of the contract...

Delhi High Court Calls For Finalized Plan On Construction Of Foot-Over Bridge For Rajputana Rifles Soldiers Compelled To Pass Through Drain

The Delhi High Court on Wednesday called for a fianlized plan from the city authorities on the construction of a foot-over bridge for soldiers of the Rajputana Rifles who have to pass through a filthy drain every morning while marching out of their barracks for heading towards the parade ground.A division bench comprising Justice Prathiba M Singh and Justice Manmeet Pritam Singh Arora...

Dishonour Of Cheque Due To Subsequent Freezing Of Drawer's Bank Account Can't Lead To Prosecution U/S 138 NI Act: Delhi High Court

The Delhi High Court recently granted relief to an entity being prosecuted under Section 138 of the Negotiable Instruments Act 1881, for dishonor of a cheque issued by it— due to subsequent freezing of its bank account.Justice Ravinder Dudeja observed that under Section 138 of the NI Act, an offence is committed when a cheque is returned unpaid due to insufficient funds in the...

Delhi High Court Upholds Right To Travel Abroad, Permits Duo Allegedly Involved In ₹1626.74 Crore Bank Fraud To Visit Children In USA

The Delhi High Court recently permitted two persons, allegedly involved in Rs.1626.74 crore bank fraud, to visit their children in the USA.In doing so, Justice Harish Vaidyanathan Shankar not only cited the fundamental right to travel under Article 21 of the Constitution but also noted that the LOC against them stood suspended.Moreover, though the Supreme Court had directed the Punjab...

Motor Accident Tribunal Must Adjust Tax, Other Deductions Before Assessing Income Of Deceased To Determine Compensation: Delhi High Court

The Delhi High Court has held that the Motor Accident Claims Tribunal must deduct the income tax and other statutory obligations from the income of the deceased, for determining the compensation payable to the kin.Justice Amit Mahajan relied on Sarla Verma and Ors. v. Delhi Transport Corporation and Anr.: (2009) where the Sypreme Court held that for calculating compensation, the income of...

Once Right To File Written Statement Is Closed, Application U/S 8 Of Arbitration Act Can't Be Entertained: Delhi High Court

The Delhi High Court bench of Justices Shalinder Kaur and Navin Chawla has held that once the right to file a written statement is closed, an application under Section 8 of the Arbitration and Conciliation Act seeking reference to arbitration is not maintainable. Brief Facts: This Regular First Appeal under Section 13 of the Commercial Courts Act, 2015 challenges the judgment...

S.138 NI Act | Cheque Holder Must Specifically Demand Payment Of 'Cheque Amount' In Legal Notice: Delhi High Court

The Delhi High Court has made it clear that the legal notice sent to a cheque drawer over dishonor of the instrument, must specifically demand the payment of 'cheque amount'.In the absence of such demand, the preconditions to institute proceedings under Section 138 of the Negotiable Instruments Act 1881 do not stand fulfilled.Justice Amit Mahajan held,“The language of Section 138(b) of the...

S.45 PMLA | Delhi High Court Grants Interim Bail To Money Laundering Accused On Ground Of Illness Of Family Member

The Delhi High Court recently granted interim bail to an accused under the Prevention of Money Laundering Act 2002 to attend to his critically ill mother and to make necessary arrangements for her continued medical treatment.Though the Enforcement Directorate submitted that the ground of illness of a family member of the accused is not available under Section 45 of PMLA, Justice Tejas...

Delhi High Court Weekly Round-Up: June 09 To June 15, 2025

Citations 2025 LiveLaw (Del) 669 to 2025 LiveLaw (Del) 681NOMINAL INDEXCENTRAL BOARD OF SECONDARY EDUCATION v. PREMA EVELYN D CRUZ AND ANR 2025 LiveLaw (Del) 669 Sanjay @ Sanju v. State 2025 LiveLaw (Del) 670 Amanatullah Khan v. DDA 2025 LiveLaw (Del) 671 Oswaal Books And Learnings Private Limited v. The Registrar Of Trade Marks 2025 LiveLaw (Del) 672 Vikram Yadav v. State Govt of NCT...

'Not Stereotyped Allegations': Delhi High Court Denies Bail To Man Accused Of Swapping Wife With His Friends

The Delhi High Court has refused to grant bail to a man booked for compelling and swapping his wife with his friends for sexual activities.Stating that the case does not reflect “stereotyped matrimonial dispute allegations”, Justice Girish Kathpalia denied the relief in a 2024 FIR lodged under Sections 498A (Cruelty), 406 (Criminal Breach of Trust), 376 (Rape), 328 (Causing hurt...

Existence Of 'Gangs' In Prison With Access To Weapons Doesn't Reflect Well: Delhi High Court Criticises Jail Authorities Over Inmate's Death

The Delhi High Court recently took exception to the submission made by Tihar Jail authorities that it is not responsible for the death of an inmate following a clash between 'rival gangs' within the prison.Justice Harish Vaidyanathan Shankar observed that the State owes a duty to ensure the security of the general public, including persons who are incarcerated, and “The fact that, in...