Delhi High Court

7th Apr, 2018

Trial court can’t order accused to undergo life term beyond 14 years without chance for remission

The Delhi High Court has said the trial court cannot order an accused to undergo life imprisonment for a certain number of years beyond 14 years without being considered for remission. In the matter of […]
5th Apr, 2018

Arbitration Agreement referring to disputes between “partners” would include disputes involving legal representatives of a deceased partner

In a recent judgment the Delhi High Court pronounced that merely because the arbitration agreement refers to the disputes between ‘partners’, the same cannot debar or take away the right of enforcement of such an […]
3rd Apr, 2018

Applications which causally explain the cause of delay, without explaining each day’s delay is liable to be dismissed.

Each day’s delay has to be properly explained either for filing or for refiling. Where delay is attempted to be explained casually and no effort has been made to explain each day’s delay, application are […]
2nd Apr, 2018

Benefit of Section 53A of Transfer of Property Act 1882 available only on appropriately stamped and registered instruments

Under Section 53-A of the Transfer of Property Act, the benefit of an agreement to sell in the nature of part performance could not be given unless the agreement to sell was stamped for the […]
22nd Feb, 2018

It is the duty of the Court to enforce the letter and spirit of family settlements without going into technicalities.

The Hon’ble High Court of Delhi in the case titled Satish Kumar Batra Vs. Harish Kumar Batra and Ors. (RFA 776/2016) on 09.02.2018 held that once family settlements are reduced in writing, they require registration. […]
12th Feb, 2018

Where payment is made on account of interest or debt before the expiry of prescribed period of limitation, a fresh period of limitation shall be computed from time to time when the payment was so made.

The Hon’ble Delhi High Court in the matter Rajinder Valecha & Anr Vs. Satpal & ANR (RFA 590/2016) on 02.02.2018 by discussing Section 18 and Section 19 of the Limitation Act, 1963 held that acknowledgment […]
12th Feb, 2018

Leave to defend must disclose facts which would disentitle the landlord from obtaining an order of eviction for bona fide need

The Hon’ble High Court of Delhi in the case titled Kailash Kumari Vs Shakuntala RC.REV. 6/2017 decided on 02.02.2018 held that in the application for leave to defend the tenant must set out the precise […]
1st Feb, 2018

Findings of fact as well as of law of the Arbitrator/ Arbitral Tribunal are ordinarily not amenable to interference under Section 34 or 37 of the Arbitration and Conciliation Act, 1996.

The Division Bench of the Delhi High Court held that “the finding of facts as well as of law by the Arbitrator/Arbitral Tribunal is not be interfered with unless the finding is either contrary to […]
1st Feb, 2018

In a suit under Order XXXVII, the period of Limitation under Article 35 of Limitation Act commences from the date of dishonour of cheque and not from the date of cheque

In a recent judgement, the Delhi High Court held that for the purpose of Article 35 of the Limitation Act, 1963 the cause of action arises not on the date mentioned in the cheque but […]
22nd Jan, 2018

Admissions in pleadings or judicial admission admissible under Section 58 of the Evidence Act, made by the parties or their agents at or before the hearing of the case, stand on a higher footing than evidentiary admission.

It was held that the object of the First Proviso to Section 92 of the Evidence Act is to give benefit of those cases where a person has been defrauded or intimidated or there is […]
22nd Jan, 2018

Mere objection raised in the written statement regarding maintainability of a suit in view of an existing arbitration clause is sufficient fulfillment of Section 8 of the Arbitration Act.

The Delhi High Court held that  a  party invoking the arbitration clause does not have to file a formal application seeking a specific prayer for reference of the dispute to arbitration as long as it […]
22nd Jan, 2018

A registered society ought to independently be a party to Arbitration Agreement in order to be amenable to Section 8 of Arbitration Act

The Delhi High Court reiterated that arbitration cannot be invoked against a non-party to the arbitration agreement. It was also held that the mere fact that the members of a registered society are parties to […]