Justice Jasmeet Singh Archives

Objections under S. 47 CPC not allowed in enforcement proceedings of arbitral award, allowing such objection undermines S.34 A&C Act: Delhi HC

“The provisions of CPC are only applicable to the extent of ‘enforcement’ of an award which are reflected in Order 21 of CPC. The legislature did not intend to permit a challenge an award during enforcement proceedings again on merits as it would be contrary to the objectives of the A&C Act which aims to ensure finality and limited judicial interference.”

Case Briefs High Courts

Delhi HC grants permission for transplantation of 26 trees to facilitate Supreme Court expansion project

The Court stated that the applicant should obtain necessary permissions from the municipal authorities concerned to see if more trees can be planted on the road leading to the Supreme Court as the same was enveloped with fully grown trees till some years ago.

Case Briefs High Courts

Law should evolve to acknowledge and respect adolescent relationships, if they are consensual and free from coercion: Delhi HC upholds acquittal of POCSO accused

While the legal age of consent is important for protecting minors, the adolescents should be allowed to express their feelings and engage in relationships without fear of criminalization. The focus of the law should be on preventing exploitation and abuse rather than punishing love.

Case Briefs High Courts

Delhi High Court directs State to ensure safety and security of Amandeep Singh Batra after he received death threats

The Court expected the State to ensure adequate protection of the fundamental rights of Amandeep Singh Batra, including his right to life and liberty.

Case Briefs High Courts

Delhi HC issues notice to BJP member Amit Malviya after he initiated criminal defamation against RSS member

The RSS member relied on exception 10 to Section 356 of the Bharatiya Nyaya Sanhita, 2023 which elaborates that conveying a caution in good faith is not defamation.

Case Briefs High Courts

Delhi High Court impleads non-signatories as ‘veritable parties’ in arbitration proceedings for having substantial involvement in fulfilling terms of MoS

‘If the non-signatory’s actions align with the signatories, it could reasonably lead the signatories to believe that the non-signatory was a veritable party to the contract containing the arbitration clause.’

Case Briefs High Courts

Delhi High Court appoints Sole Arbitrator in petition against the National Highway and Infrastructure Development Corporation Ltd.

As per Clause 26.2 of the Agreement, the Chairman/Managing Director of the Board of Directors of Contractors was supposed to do the conciliation and not the committee constituted by NHIDCL.

Case Briefs High Courts

Delhi High Court partially sets aside Arbitral Award passed by Sole Arbitrator for failing to appreciate contractual terms subsisting between parties

The direction given by the Sole Arbitrator to exclude the period from 31-03-2015 to 31-03-2017 for calculation of pre-litigation interest was contrary to the express terms in the Agreement made between the parties.

Case Briefs High Courts

Delhi High Court appoints sole arbitrator despite clause specifying two arbitrators; Upholds parties’ intention to arbitrate

The Court noted Arbitration agreement specifying an even number of arbitrators cannot be a ground to render the arbitration agreement invalid. Appointed a sole arbitrator under Section 11(6) petition.