Delhi High Court

58,104 judgments

Year:

SSANGYONG ENGINEERING & CONSTRUCTION CO., LTD. v. NATIONAL HIGHWAYS AUTHORITY OF INDIA

20 Jul 2018 · Navin Chawla · 2018:DHC:4422

The Delhi High Court extended the time for making the arbitral award but refused to substitute the Arbitral Tribunal or Presiding Arbitrator, holding that procedural objections and prior knowledge of arbitrator involvement do not justify substitution under Section 29A.

civil appeal_allowed Significant Arbitration and Conciliation Act, 1996 Section 29A extension Substitution of arbitrator Section 12 disclosure

Dinesh Joshi & Ors. v. State of NCT of Delhi & Anr.

20 Jul 2018 · Sanjeev Sachdeva · 2018:DHC:4401

The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC arising from matrimonial discord following an amicable settlement and mutual consent divorce between the parties.

criminal petition_allowed quashing of FIR Section 498A IPC matrimonial dispute settlement

Mohini Aggarwal & Anr v. Deepika Sarees Private Limited & Ors

20 Jul 2018 · I. S. Mehta · 2018:DHC:4408

The Delhi High Court set aside the trial court's order framing charges against company directors already exonerated under Section 138 of the Negotiable Instruments Act, holding that the dispute is civil in nature and not maintainable as a criminal proceeding.

criminal appeal_allowed Significant Section 138 Negotiable Instruments Act criminal liability directors' liability dishonour of cheque

Ashu and Anr v. Lt Governor NCT of Delhi and Ors

20 Jul 2018 · G. S. Sistani; Sangita Dhingra Sehgal · 2018:DHC:4427-DB

The Delhi High Court held that acquisition proceedings lapse under Section 24(2) of the 2013 Act if possession and compensation are not completed within five years, and persons with interest in the land have locus standi to claim such lapse even without formal title.

property petition_allowed Significant land acquisition Section 24(2) Right to Fair Compensation and Transparency in Land Acquisition Act, 2013 lapse of acquisition proceedings

Yuvak Gram Sudhar Samiti v. Govt. of NCT of Delhi

20 Jul 2018 · Gita Mittal; C. Hari Shankar · 2018:DHC:4428-DB

The Delhi High Court directed the authorities to demarcate and remove illegal encroachments on public land in Village Holambi Khurd within three months, disposing of the writ petition accordingly.

administrative petition_allowed illegal encroachment public land demarcation removal of encroachment

XL Energy Limited v. Mahanagar Telephone Nigam Limited

20 Jul 2018 · Sanjiv Khanna; Chander Shekhar · 2018:DHC:4429-DB

The Delhi High Court upheld an arbitral award awarding liquidated damages for delay in repair under AMC agreements, holding the clause to be a genuine pre-estimate of loss and not a penalty.

commercial appeal_dismissed Significant liquidated damages penalty clause Arbitration and Conciliation Act, 1996 Section 34

C A Ramesh Babu v. M/s Reebok India Company

20 Jul 2018 · S. Ravindra Bhat; A. K. Chawla · 2018:DHC:4424-DB

The Delhi High Court upheld an arbitral award enforcing a settlement agreement, ruling that a time-barred debt can be revived through settlement and arbitration, dismissing the appellant's challenge on grounds of coercion and limitation.

civil appeal_dismissed Significant Arbitration and Conciliation Act, 1996 Settlement Agreement Limitation Act Section 8 application

Swarup Narain Bhatnagar & Ors. v. Govt. of NCT of Delhi & Ors.

20 Jul 2018 · G. S. Sistani; Sangita Dhingra Sehgal · 2018:DHC:4430-DB

The Delhi High Court held that acquisition proceedings lapse under Section 24(2) of the 2013 Act if compensation is not paid despite possession, entitling landowners to compensation under the 2013 Act.

property petition_allowed Significant land acquisition Section 24(2) 2013 Act compensation possession

Krishan Lal Arora & Anr. v. Land Acquisition Collector (South-East) & Ors.

20 Jul 2018 · G. S. Sistani; Sangita Dhingra Sehgal · 2018:DHC:4426-DB

The Delhi High Court held that land acquisition proceedings lapse under Section 24(2) of the 2013 Act if compensation is not paid and possession not taken within five years of the award, and accordingly declared the acquisition of the petitioners' land lapsed.

property petition_allowed Significant land acquisition Section 24(2) Right to Fair Compensation and Transparency in Land Acquisition Act, 2013 possession

Suraj Bhan and Ors v. Govt. of NCT Delhi and Ors

20 Jul 2018 · G. S. Sistani; Sangita Dhingra Sehgal · 2018:DHC:5129-DB

The Delhi High Court held that acquisition proceedings lapse under Section 24(2) of the 2013 Act if possession and compensation are not taken within five years, and successors or power-of-attorney holders have locus standi to claim such lapse, without conferring title.

property petition_allowed Significant land acquisition Section 24(2) Right to Fair Compensation and Transparency in Land Acquisition Act, 2013 lapse of acquisition proceedings

M/S SARAL COMMUNICATIONS PVT. LTD v. UNION OF INDIA & ORS

19 Jul 2018 · Sanjiv Khanna; Chander Shekhar · 2018:DHC:8496-DB

The Delhi High Court dismissed writ petitions challenging the 2007 Intellectual Property Rights Enforcement Rules as infructuous following their amendment in 2018.

administrative petition_dismissed Intellectual Property Rights Imported Goods Enforcement Rules Writ Petition Amendment

Kulachi Hansraj Model School v. Kirti Jain

19 Jul 2018 · G. S. Sistani; Sangita Dhingra Sehgal · 2018:DHC:4391-DB

The Delhi High Court held that a teacher appointed and paid by a recognized school is entitled to pay commission benefits despite working at an attached non-recognized day care centre, dismissing the school's appeal.

labor appeal_dismissed Significant Delhi School Education Act, 1973 recognized and unrecognized schools 6th Pay Commission employment confirmation

M/S Nishant Publishing House v. Rajender Singh

19 Jul 2018 · Rajiv Sahai Endlaw · 2018:DHC:4377

The Delhi High Court dismissed the second appeal in a cheque dishonor recovery suit, holding that no substantial question of law arose and affirming the presumption of liability under Section 118(a) of the Negotiable Instruments Act on preponderance of probabilities.

civil appeal_dismissed Significant Section 118(a) Negotiable Instruments Act Order XXXVII CPC Section 100 CPC Second Appeal

Sunil Kohli v. Anil Kohli & Ors.

19 Jul 2018 · Gita Mittal; C. Hari Shankar · 2018:DHC:4383-DB

The Delhi High Court held that a written statement cannot be expunged solely due to signature variations arising from a lawful name change when the defendant personally affirms and stands by the pleadings.

civil appeal_allowed Significant written statement signature discrepancy name change Order VI CPC

Ramesh Ahuja & Anr v. Ritu Babbar

19 Jul 2018 · Prathiba M. Singh · 2018:DHC:4369

The Delhi High Court allowed the appeal setting aside the decree passed for non-compliance of conditional leave, restored the suit to the stage of conditional leave after deposit compliance, and directed interim protection of Plaintiff's interest through security and injunction against disposal of property.

civil appeal_allowed Significant conditional leave to defend Order 37 CPC Section 138 Negotiable Instruments Act deposit as condition

Ramesh Ahuja & Anr v. Chander Kanta Babbar

19 Jul 2018 · Prathiba M. Singh · 2018:DHC:4368

The Delhi High Court allowed the appeal setting aside the decree passed for non-compliance of conditional leave to defend after the Defendant complied with the security deposit and offered immovable property as security, restoring the suit to proceed from the conditional leave stage.

civil appeal_allowed Significant conditional leave to defend security deposit friendly loan post-dated cheque

Delhi Jal Board v. Ram Singh

19 Jul 2018 · Rajiv Sahai Endlaw · 2018:DHC:4364

The Delhi High Court held that an Appellate Officer under the PP Act cannot arbitrarily reduce damages for unauthorized occupation without following prescribed principles, restoring the Estate Officer’s market rent-based assessment.

administrative appeal_allowed Significant Public Premises (Eviction of Unauthorized Occupants) Act, 1971 Section 7 damages assessment Appellate Officer jurisdiction Unauthorized occupation

North Delhi Municipal Corporation v. Ravi Builders

19 Jul 2018 · Navin Chawla · 2018:DHC:4371

The Delhi High Court partially upheld an arbitral award, affirming the validity of the arbitration agreement and final bill payment, but set aside escalation claims under a deleted contractual clause and disallowed interest on interest.

civil appeal_partially_allowed Significant Arbitration and Conciliation Act, 1996 Section 34 challenge Arbitration agreement Contract interpretation

Adwel Advertising Service & Anr. v. South Delhi Municipal Corporation

19 Jul 2018 · Navin Chawla · 2018:DHC:4370

The Delhi High Court upheld an arbitral award rejecting the petitioners' claim for license fee reduction due to exclusion of PWD roads and affirmed limited rebates for non-illumination and pole removal, emphasizing the limited scope of judicial review under Section 34 of the Arbitration Act.

civil petition_dismissed Significant Arbitration and Conciliation Act, 1996 Section 34 challenge Notice Inviting Tender Public Notice

CITICORP INTERNATIONAL LIMITED v. SHIV-VANI OIL & GAS EXPLORATION SERVICES LTD

19 Jul 2018 · JAYANT NATH · 2018:DHC:4382

The Delhi High Court held that a bank guarantee is an independent contract unaffected by the principal debtor's liquidation, entitling the beneficiary to encash it despite winding up proceedings.

civil petition_allowed Significant bank guarantee company liquidation surety liability Indian Contract Act Section 128