Delhi High Court

24th Nov, 2014

While granting interim injunction in cases of bank guarantees the width and amplitude of Courts powers is narrower

Ordinarily, encashment of an unconditional bank guarantee is not injuncted by a court. In order to obtain an order of injunction, the aggrieved party is required to demonstrate that it is either a case of […]
24th Nov, 2014

Neither of the party to an arbitration agreement can unilaterally change its terms and conditions for its own advantage

An arbitration agreement is an independent agreement and is binding on both the parties and neither of the parties can unilaterally change the terms and conditions of any agreement.
11th Nov, 2014

Presumption U/s. 20 of Prevention of Corruption Act not attracted when there is no proof of demand

The question of raising the presumption under said Section 20 would not arise unless it is shown that there was conscious acceptance of the amount knowing it to be illegal gratification.
3rd Nov, 2014

AO must clearly indicate facts not disclosed by Assessee leading to escapement in a case covered by S.147 of the Income Tax Act

AO must clearly indicate facts not disclosed by Assessee leading to escapement in a case covered by S.147 of the Income Tax Act
3rd Nov, 2014

Period of stay granted by Court excluded from computation of 5 years from the date of award and commencement of 2013 Act

While computing the period from the making of the award till the commencement of the 2013 Act, Section 24(2) of the 2013 Act does not exclude any period during which the land acquisition proceeding might […]
3rd Nov, 2014

Acquiring authority has no rights to retain land acquired where acquisition gets lapsed as per Section 24(2) of the 2013 Act

It is always open to the appropriate government under Section 24(2), if it so chooses, to initiate proceedings for acquisition afresh in accordance with the provisions of 2013 Act. But, till that happens, the land, […]
3rd Nov, 2014

Mere deposit of compensation awarded in Court does not means paid unless actually tendered to the persons interested

Unless and until the compensation is tendered to the persons interested, mere depositing of the compensation in the court would not be sufficient. Compensation cannot be regarded as having been paid merely on the deposit […]
11th Oct, 2014

Reveune Records are not documents of title #indianlaws

 Revenue records do not evidence passing of title, or create title.
28th Sep, 2014

DRAT can transfer appeal/ application under Section 17 of the SARFAESI Act from one DRT to another DRT #indianlaws

The issue for discussion before the Court was that the appeal/ application under Section 17 of the SARFAESI Act is maintainable only before the DRT within whose jurisdiction the asset/property with respect to which the […]
24th Sep, 2014

Guidelines laid down for handing over the property on Supardari #indianlaws

Delhi High Court has laid down guidlines for handing over of seized properties on Supardari
11th Aug, 2014

Constitutionality of a Parliamentary Act not always maintainable before Delhi merely because it is the seat of Union of India #indianlaws

Passing of legislation by itself do not confer any such right to file a writ petition unless a cause of action arises therefor. A distinction between a legislation and executive action should be borne in […]
11th Aug, 2014

Goverment appeals are equally bound the limitation Act #indianlaws

Delay in filing appeal by Government cannot be condoned merely on the ground of want of administrative sanction