Delhi High Court

19th Feb, 2017

Which orders can be appealed against under Commercial Courts Act #indianlaws

Division Bench of Delhi High Court in the matter of HPL (India) Limited Vs. QRQ Enterprise, FAO (OS) (COMM) No. 12/2017 was considering the effect of Section 13 of Commercial Courts, Commercial division and Commercial […]
19th Feb, 2017

Courts cannot impose unlimited costs in civil proceedings #indianlaws

Division Bench of Delhi High Court in the matter of Bikramjit Ahluwalia Vs. Avnija Ahluwalia FAO(OS) 173/2016 held that there is no question of exercising of inherent powers contrary to the specific provisions of the […]
18th Feb, 2017

Akshay Mehta and Ors. Vs. Usha Dutta and Ors.

Delhi High Court J Sanjeev Sachdeva 05.12.17 Application under O. VII R.17 CPC Facts: Defendant Nos. 2 to 4 seek amendment of the Written Statement dated 22.10.2007 as it was was not prepared at the […]
13th Feb, 2017

Rebutting the presumption against accused in Section 138, N I Act #indianlaws

Delhi High Court in the matter of Mukesh Kumar Vs. State Crl. L P 555/2017 decided on 2nd Feburary, 2017 held the fact that the cheque has been signed by the accused is not denied […]
11th Feb, 2017

A co-owner can maintain suit for eviction without impleading other co-owners

Delhi High Court in the matter titled as  Ram Niwas Singh Vs. Rajendra Singh, RSA 25/2017 decided on 20.01.2017, held that co-owners to a property can file a suit for eviction of a tenant in […]
11th Feb, 2017

Mandate of arbitrator shall be terminated where parties agree to terminate proceedings

Delhi High Court in a matter titled as Power Grid Corporation of India Ltd Vs. Deepak Cables (India) Limited; OMP (T)(COMM) 4/2017 decided on 25th January, 2017 held that under  14 (1)(b) of the Arbitration […]
30th Jan, 2017

Scope of review under Code of Civil Procedure restated

The Delhi High Court held that to invoke review jurisdiction, there must be a glaring omission, patent mistake or a grave error in the impugned judgment. An order or decision or judgment cannot be corrected […]
23rd Jan, 2017

Proceedings endangering, diminishing, dissipating or adversely impacting the assets of corporate debtor are not prohibited under section 14(1)(a) of the IBC

In a matter titled as Power Grid Corporation of India Vs. Jyoti Structures Limited, being OMP (COMM) 397/2016, decided on 11th December, 2017, Delhi High Court held that extending the moratorium to such proceedings would […]
9th Jan, 2017

TV18 Home Shopping Network Ltd. Vs. M/S Indiaontime Express Pvt. Ltd. And Ors. CS(OS) 3309/2015

The purpose of Order 8 Rule 10 CPC is to expedite the trial and not penalise the defendant upon non-filing of the written statement. The courts can invoke its provisions to curb dilatory tactic, often […]
1st Jan, 2017

For an apology to be accepted in contempt proceedings, it should be immediate #indianlaws

Division Bench of Delhi High Court while dealing with a contempt proceedings held that an apology offered in contempt proceedings should be offered clearly and immediately, a belated apology may purge contempt but there is […]
1st Jan, 2017

Employer has the independence to decide the eligibility criterion for recruitment #indianlaws

In a case before the Delhi High Court, petitioner was denied appointment on ground that he only had three years diploma in Hotel Management instead of the required graduation degree of a recognized university. The […]
14th Dec, 2016

Unilateral withdrawal of consent by a spouse at the time of mutual divorce without any grounds amounts to mental cruelty #indianlaws

The Delhi High Court in an appeal before them has held that unilateral withdrawal of consent by a spouse at the time of mutual divorce without any grounds amounts to mental cruelty. In a case […]