Delhi High Court

21st Nov, 2020

Section 9 petitions cannot be disposed of ex-parte, without giving notice to the respondent therein, especially when coercive orders are being passed.

The Delhi High Court on 09.11.2020 in the matter of New Morning Star Travels Vs. Volkswagen Finance Private Limited held that, “Section 9 petitions cannot be disposed of ex-parte, without giving notice to the respondent […]

9th Nov, 2020

Neither Section 14 nor Section 31 of the IB Code place any fetters on Banks/Financial Institutions from initiation and continuation of the proceedings against the guarantor for recovering their dues

A Division Bench of the Delhi High Court on 02.11.2020 in the matter of Kiran Gupta Vs. State Bank of India & Anr., referred to the judgment of Hon’ble Apex Court in the matter of […]

25th Mar, 2020

Every child has a right to bear a name and via her or his name preserve her or his identity and individuality

The Delhi High Court in the matter of Deepak and Anr. vs Central Board of Secondary Education (CBSE) [W.P. (C) 7146 & 7147/2016] decided on 20.03.2020, allowed the plea for surname change in the CBSE […]

25th Mar, 2020

Filing a dummy appeal u/s 34 of Arbitration and Conciliation Act, 1996 without the copy of Impugned Award amounts to non-est filing and cannot be treated as filed within the limitation period.

The High Court of Delhi in the case of Union of India vs Bharat Biotech International Ltd. (O.M.P. (COMM) 399/2019) on 18.03.2020 held that though the Court is empowered to condone delay beyond the extended […]

17th Mar, 2020

An order of dismissal of application under Order 7 Rule 10 CPC will not come in the way of trial Court while framing an issue on territorial jurisdiction

The Delhi High Court in the matter of M/s Meyer Apparel Ltd. Vs. M/s Panchanan International Private Limited bearing CM(M) 1511/2018 decided on 11.03.2020 held that an application under Order 7 Rule 10 CPC is […]

4th Mar, 2020

In commercial suits, limitation of 120 days is applicable to file Section 8 of the Arbitration and Conciliation Act, 1996

The Delhi High Court in the matter of SSIPL Lifestyle Private Limited vs. Vama Apparels (India) Private Limited in CS(COMM) 735/2018 decided on 19.02.2020 held that in a commercial suit, the mandatory period of limitation […]

3rd Feb, 2020

A Court of civil jurisdiction cannot pass an order of stay of proceedings pending before a Criminal Court /Tribunal/adjudicatory body

The Delhi High Court in the matter of Harinder Singh Kochar vs. Blue Coast Infrastructure, FAO (OS) 8/2020 and CM APPL. 3425/2020 decided on 28.01.2020 held that a civil court cannot be permitted to pass […]

20th Jan, 2020

Proviso to Section 24(1) of the Arbitration and Conciliation Act, 1996 provides that oral hearing on the request of a party be granted as a matter of “right”

In the matter of Sukhbir Singh vs. M/s Hindustan Petroleum Corporation Limited bearing O.M.P. No. 1118 of 2014 decided on 16.01.2020, the Delhi High Court held that unless the right to require oral evidence or […]

6th Jan, 2020

In a suit for recovery, Bank would be entitled to sell the hypothecated vehicle even if the Defendant is ex-parte

The Delhi High Court in the case of M/s ICICI Bank Limited vs Nidhi Sharma (CM (M) 1814/2019) decided on 23.12.2019 held that the Bank would be entitled to sell the hypothecated vehicle where the […]

26th Sep, 2019

A landlord may be permitted to take benefit of subsequent events after filing of an eviction petition which buttress the landlord’s claim of bonafide need

The Delhi High Court reiterated that the landlord may be allowed to amend his eviction petition under the DRC Act to include events which occur post filing of an eviction petition and do not create […]

10th Sep, 2019

Remedies available under Consumer Protection Act and RERA are concurrent

The Delhi High Court reiterated that remedies available to home buyers under the Consumer Protection Act, 1986 (CPA) and Real Estate (Development and Regulation) Act, 2016 (RERA) are concurrent. The said observation was held […]

19th Aug, 2019

Irretrievable Breakdown of marriage cannot be a ground in itself to dissolve marriage

The Delhi High Court reiterated that irretrievable breakdown of marriage could be an additional circumstance to dissolve a marriage in addition to the ground provided under Section 13 of the Hindu Marriage Act. The above […]

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