Delhi High Court

7th Nov, 2022

Notice stating right to initiate Arbitration not a valid notice under Section 21 of Arbitration and Conciliation Act, 1996.

The Delhi High Court has ruled that a notice issued by a party merely stating its right to initiate arbitral proceedings which it would subsequently initiate if the payment was not made by the opposite […]
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14th Apr, 2022

Section 10 of the Code of Civil Procedure does not lay an embargo in proceeding with Arbitration during Pendency of insolvency proceedings

In the matter of Tata Capital Financial Services Ltd. v Naveen Kachru Proprietor, Arb. Pet. 295/2021 decided on 06.04.2022 by the Delhi High Court. Facts The Petitioner (Tata Financial Services Ltd.) filed a Petition before […]
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17th Feb, 2022

Proceedings u/s 81 of the Delhi Land Reforms Act cannot be initiated or proceeded with as soon as a urbanization notification by DMC or DDA has been published or the area becomes an urban area

In the matter of Sanvik Engineers Pvt Ltd vs. GNCTD (WPC 5627/2020) before the Hon’ble Delhi High Court pronounced on 04.02.2022. FACTS The petitioner here purchased agricultural land by way of a sale deed dated […]
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28th Nov, 2021

Article 227 powers can be exercised to interfere with perverse, unreasonable orders of trial court

The Delhi High Court while deciding the matter of Sneha Ahuja v Satish Chander Ahuja on 15.11.2021 held that even though Article 227 does not provide it with powers to sit as an appellate court […]
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20th Aug, 2021

Clearing cloud over jurisdiction of court in entertaining petitions under Sections 9, 11 and 34 of Arbitration and Conciliation Act, 1996

Determination of jurisdiction of a court in entertaining petitions under Sections 9, 11 and 34 of Arbitration and Conciliation Act, 1996 (Act), in respect of domestic arbitration to say the least, is confusing. It gets […]
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11th Aug, 2021

There exists no distinction on the basis of nature of employment whether it is temporary/ad-hoc/ permanent employee and as such all employees are entitled to payment of gratuity

In the matter of Janardan Sharma vs. GNCTD in W.P. (C)11154/2019 decided on 03.08.2021 by the Delhi High Court. Facts: Petitioner herein was a vocational part-time teacher in a Govt. School, under the GNCT of […]
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11th Aug, 2021

An application filed under O6R17 can be considered on merits before disposal of application under O12R6, as the case is still at an intermediate stage, even when it is “reserved for orders” for application under O12R6.

In the matter of M/s BDR Developers Pvt. Ltd. Vs. Narsingh Shah, CM(M) 412/2020 alongwith four other similar matter, decided by Delhi High Court on 03.08.2021. Background of the case- The Petitioner/Plaintiff claimed to be […]
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28th Jul, 2021

Personal information having no relation to any public activity, public interest cannot be disclosed under RTI Act

In the matter of Har Kishan vs President Secretariat & Anr. (LPA 90/2021) decided on 26.07.2021 in the Delhi High Court.   FACTS: The plea was filed by one Har Kishan, who was seeking information […]
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21st Jul, 2021

Clarifications, enquiries and preliminary due diligence exercise have to be sought from the available official sources before posting tweets against public figures

In the matter of Lakshmi Murdeshwar Puri Vs Saket Gokhale in I.A. 7944/2021 in CS OS No. 300/2021 decided on 13.07.2021 FACTS: The plaintiff in this matter is a decorated retired member of the Indian […]
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21st Jul, 2021

It is beyond the scope of Section 11 of the Arbitration and Conciliation Act, 1996 to decide contentious issues regarding the disputes between the parties

In the matter of Jyoti Sarup Mittal. vs. The Executive Engineer -XXIII, South Delhi Municipal Corporation in ARB. P. No. 275/2021 decided on 12.07.2021 by the Delhi High Court. Facts: The Petitioner, a government contractor […]
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10th Jul, 2021

An arbitration clause in unsigned invoice would still be a valid arbitration agreement if both parties are shown to have acted and accepted the conditions stipulated in the invoice

In the matter of Swastik Pipe Ltd. vs. Shri Ram Autotech Pvt. Ltd. in ARB. P. No. 241/2021 decided on 05.07.2021 by the Delhi High Court. Facts: Disputes arose between the parties due to non-payment […]
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28th Jun, 2021

The prior consent of Central Government is not necessary under Section 86(3) of the Code of Civil Procedure to enforce an arbitral award against a Foreign State.

In the matters of KLA Const Technologies Pvt. Ltd. Vs. The Embassy of Islamic Republic of Afghanistan, OMP (ENF) (COMM) 82/2019 and Matrix Global Pvt. Ltd. Vs. Ministry of Education, Federal Democratic Republic of Ethiopia, […]
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