Justice Prateek Jalan Archives

Ganja does not Include Leaves and Stalks

Delhi High Court: Mixed Substance Not to Be Fully Counted as “Ganja” under NDPS ACT, 1985; Bail Granted

In cases of mixed material, only the actual content of the flowering or fruiting tops is relevant for determining the quantity of ganja, and not the entire bulk weight.

Quashment of attempt to murder FIR after settlement

Case Briefs High Courts

‘Relationship akin to a mother-and-child’: Delhi HC quashes attempt to murder charges after settlement between parties; orders community service

“Despite the forgiveness expressed by respondent No. 2 towards the petitioner, whom she brought up as a daughter, must the Court compel the criminal proceedings to be taken to their logical conclusion?”

CIC policy prescription ultra vires RTI Act

Case Briefs High Courts

‘CIC cannot express policy prescriptions under RTI Act’; Delhi HC quashes CIC’s order directing HPCL to furnish guidelines for empanelment of advocates

“The only question before CIC was whether ‘information’, as defined in Section 2(f) of the RTI Act has been denied mala fide, or incorrect, incomplete or misleading information has been knowingly furnished. The impugned order instead expresses policy prescriptions, which are beyond the remit of CIC.”

Case Briefs High Courts

Delhi High Court refers matter to Arbitrator based on arbitration clause in invoices issued for payment

The Delhi High Court granted time to both parties to file written submissions on whether an arbitration clause in an invoice could constitute an arbitration agreement under Section 7 of the Arbitration and Conciliation Act, 1996.

Case Briefs High Courts

‘Seat of arbitration is the place where arbitral proceedings are anchored’; Delhi High Court rejects petition filed u/s 34 of Arbitration Act

The Delhi High Court says that the seat of the arbitration is to be determined based on arbitral proceedings and not with cause of action for underlying disputes.