Delhi High Court

11th Jan, 2019

Notified Order issued under Extradition Act can be given retrospective effect.

In an important judgment, the Delhi High Court has held that the Extradition Act 1962 is not a penal statue, therefore issuance of a Notified Order making the provisions applicable of the Act to the […]
10th Jan, 2019

Seller cannot forfeit the earnest money received under an agreement to sell even if buyer is guilty of breach

In a recent judgment, the Delhi High Court held that any forfeiture of earnest money will be hit by Section 74 of the Indian Contract Act, 1872 unless loss is pleaded and proved by the […]
10th Jan, 2019

The purpose of Section 31(2) of the Arbitration and Conciliation Act 1996 is to ensure that the absence of minority members of tribunals do not lead to any fresh litigation.

The Hon’ble High Court of Delhi held that where an award has been signed by the majority of the members of the arbitral tribunal, such an award will be an award of the arbitral tribunal, […]
8th Jan, 2019

Denial of Maintenance is a Continuing Cause of Action; Claim Not Time Barred After 3 Years

  The Delhi High Court held that the claim for maintenance was a “continuing cause of action”, and wife was not barred from claim it under the Domestic Violence Act 2005 even after a period […]
3rd Jan, 2019

A suit for partition lies only when the parties have undivided share in the property.

The Hon’ble High Court of Delhi held that only when the parties have undivided share, a suit for partition lies. Where the property has already been divided by metes and bounds, suit for partition is […]
2nd Jan, 2019

Upon eviction of a tenant, right of members of his family, is also extinguished in rented premises

In a recent judgment, the Delhi High Court, held that though termination of tenancy is required to be done by issuing a notice under Section 106 of Transfer of Property Act 1882, yet the filing […]
27th Dec, 2018

A person in settled possession cannot be dispossessed even by the Governmental Authority except by the due process of law

In a recent judgment, the Delhi High Court, held that in the present case, the Respondent/Plaintiff had been in settled possession not only since before the institution of suit but for the last 35 years. […]
19th Dec, 2018

The time period of fifteen days prescribed by Section 13(3A) of the SARFAESI Act is only directory even though the compliance of the sub-section itself is mandatory

The Delhi High Court affirmed that compliance of Section 13(3A) of the SARFAESI Act is mandatory however, the period of fifteen days provided to the lender for responding to the objections of the borrower is […]
18th Dec, 2018

Jurisdiction to execute foreign arbitration award continues with the High Court, despite the change in pecuniary jurisdiction as per 2015 amendment to Delhi High Court Act

The Delhi High Court has held that jurisdiction to execute foreign arbitration award continues with the High Court, despite the change in pecuniary jurisdiction as per 2015 amendment to Delhi High Court Act. The said […]
12th Dec, 2018

The Registrars/ Joint Registrars of Delhi High Court cannot grant leave to a party for production of its own documents beyond the stage prescribed for production.

The Hon’ble High Court of Delhi while interpreting Rule 3 of the Delhi High Court Rules 2018 read with Orders VII, VIII and XI of the Code of Civil Procedure 1908 held that in the […]
11th Dec, 2018

Order XXXIX Rule 10 is applicable where a party to suit admits that he holds money as a trustee for another party

In a recent judgment, the Delhi High Court, held that enjoyment of a property without payment of any charges by the occupier who is not an owner is impermissible. The said ruling was delivered in […]
10th Dec, 2018

Revision Petition against Appeal in Enforcement Proceedings in Consumer Complaint not maintainable

The Delhi High Court has ruled that a revision petition is not maintainable against an appeal in enforcement proceedings in a consumer dispute. The said ruling was held in the matter of K.A Nagamani Vs. […]