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Delhi High Court

Arbitrator can decide if Supplementary Agreement Rescinding Arbitration Clause is Contrary To Law: HC

May 22, 2022 2211 Views 0 comment Print

Kiran Infra Engineers Limited Vs Northern Railway (Delhi High Court) The question as to whether the supplementary agreement is a full and final discharge of respective obligations under the principal agreement and also rescinds the terms and conditions of the principal agreement is itself in dispute, which requires to be referred to Arbitral Tribunal. The […]

Mere Pendency of Insolvency Petition not A Bar to Arbitrator Appointment

May 22, 2022 1278 Views 0 comment Print

Millennium Education Foundation Vs Educomp Infrastructure And School Management Limited (Delhi High Court) The Supreme Court has categorically held that the adjudicating authority i.e., NCLT has a duty to advert to the contentions put forth on the application filed under the Insolvency and Bankruptcy Code and to examine the material placed before it and record […]

Order terminating proceedings u/s 25(a) can be recalled by Arbitral Tribunal on application of claimant

May 22, 2022 2544 Views 0 comment Print

Union of India Vs Delhi State Consumer Co Operative Federation Ltd. (Delhi High Court) Facts- According to Union of India, Delhi State Consumers Co-operative Federation Limited (respondent) failed to furnish the requisite security deposit, as a result of which each of the contracts were cancelled at the risk and cost of the respondent. The Union […]

Delhi HC Ruling on alleged More than Rs. 1 lakh Crore Income escaped assessment

May 19, 2022 14103 Views 1 comment Print

Analysis of Delhi HC Ruling on order passed under Section 148A(d) passed by order Delhi High Court in the case of Divya Capital One Private Limited Vs. ACIT, alleging income of more than Rs one lakh crore having escaped assessment.

Right to invoke arbitration not get waived merely because of Filing of Written Statement Qua An Independent Transaction

May 18, 2022 1920 Views 0 comment Print

Extramarks Education India Private Limited Vs MES Central School (Delhi High Court) High Court held petitioner cannot be held to be deemed to have waived his right to invoke arbitration under the subject agreements by merely filing a written statement in the Suit which is not connected with the subject agreements and is in respect […]

Section 65-B of Indian Evidence Act not applies to arbitration

May 18, 2022 4887 Views 0 comment Print

Millennium School Vs Pawan Dawar (Delhi High Court) In V.E. Venkatachala Gounder v. Arulmigu Viswesaraswami & V.P. Temple And Anr.: (2003) 8 SCC 752, the Supreme Court held that an objection with regard to a certificate of Section 65-B of the Evidence Act is not available if it is not taken at the material time. […]

NI Act Section 138: Director not liable if Company is not been made accused

May 18, 2022 12843 Views 0 comment Print

Geeta Singh Vs Pradeep Singh (Delhi High Court) If a company is a drawer of the cheque, it is a necessary party to proceedings initiated under Section 138 of the NI Act. The liability of a private person, in his capacity of a Director or any other authority to act on behalf of the Company, […]

Delhi HC directs VAT Dept to Switch to Online Mechanism for Speedy Adjudication

May 18, 2022 1020 Views 0 comment Print

Delhi High Court directs timely adjudication of objections on default tax assessment. Create an online portal, warns against delay. Read the judgment details.

Delhi HC Directs Centre to Fill Up Vacant Posts in Central Excise & Service Tax Settlement Commissions

May 17, 2022 1770 Views 0 comment Print

Yashpal Singh Vs Union of India (Delhi High Court) The Delhi High Court has directed the Centre that the process of appointment of Chairman and one Member for the Principal Bench at Delhi and appointment of Vice-Chairman and one Member for the Additional Bench at Mumbai be completed within six weeks. It further direct the […]

Daughter in Law cannot Claim Maintenance from Her Father in Law (FIL) if FIL not inherited any Estate from his son

May 17, 2022 21378 Views 0 comment Print

Laxmi & Anr Vs Shyam Pratap & Anr. (Delhi High Court) The petitioners have claimed maintenance under the Act 1956. Section 19 of the Act provides for maintenance to a widowed daughter-in-law. The daughter-in-law can claim maintenance from her father-in-law provided he has inherited some estate of her husband. The appellant has failed to disclose […]

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