Delhi High Court

65,687 judgments

Year:

Raj Pati & Ors. v. Meena Devi

15 Jan 2018 · S.P. Garg · 2018:DHC:368

The Delhi High Court dismissed the appellants' appeal, upholding the respondent's possession of the suit property under Section 53A of the Transfer of Property Act based on valid documents and lack of credible evidence of continuous possession by the appellants.

civil appeal_dismissed possession Transfer of Property Act Section 53A Agreement to Sell

Kamini Kashyap v. State of NCT of Delhi

15 Jan 2018 · Sanjeev Sachdeva · 2018:DHC:367

The Delhi High Court upheld bail granted to the accused, holding that bail should not be cancelled mechanically without evidence of misuse affecting the trial, especially at an advanced stage of proceedings.

criminal petition_dismissed Significant bail cancellation Section 439(2) CrPC misuse of bail supervening circumstances

Parasramka Holdings Pvt. Ltd. v. Ambience Private Ltd. & Anr.

15 Jan 2018 · Manmohan · 2018:DHC:366

The Delhi High Court held that raising an arbitration clause objection in the written statement suffices as invocation under Section 8 of the Arbitration Act, mandating referral to arbitration even without a specific prayer, and allowed the defendants’ applications accordingly.

civil appeal_allowed Significant Section 8 Arbitration Act arbitration agreement written statement invocation of arbitration

The India Fitness Connect Pvt. Ltd. v. Ozone Spa Pvt. Ltd. & Anr.

15 Jan 2018 · Jayant Nath · 2018:DHC:381

The Delhi High Court dismissed the plaintiff’s application for injunction restraining presentation of post-dated cheques, holding that the presumption under Section 139 of the Negotiable Instruments Act applies and allegations of a sham agreement require evidence beyond pleadings.

civil petition_dismissed Significant post-dated cheques Section 139 Negotiable Instruments Act sham agreement fraudulent inducement

Vinod @ Banti v. State

15 Jan 2018 · Indermeet Kaur · 2018:DHC:380

The Delhi High Court modified the appellant's conviction from gang rape under Section 376(2)(g) IPC to individual rape under Section 376 IPC, holding that the prosecution failed to prove the common intention necessary for gang rape.

criminal sentence_modified Significant Section 376 IPC Section 376(2)(g) IPC gang rape minor victim

TATA CAPITAL FINANCIAL SERVICES LTD. v. A.G. AEROVISION ELECTRONICS PVT. LTD & ORS.

15 Jan 2018 · Navin Chawla · 2018:DHC:378

The Delhi High Court held that sending the signed Arbitral Award to the last known address with delivery attempts constitutes valid service, triggering the limitation period for objections and rendering the Execution Petition maintainable.

civil appeal_allowed Significant Arbitral Award Execution Petition Service of Award Section 31(5) Arbitration Act

Varian Medical Systems International India Pvt. Ltd. and Anr. v. Union of India and Ors.

15 Jan 2018 · S. Ravindra Bhat; A.K. Chawla · 2018:DHC:379-DB

The Delhi High Court dismissed the writ petition challenging rejection of a bid and cancellation of procurement, holding that administrative decisions in tender processes are not liable to interference unless arbitrary or mala fide.

administrative petition_dismissed Significant judicial review government procurement tender process arbitrariness

Sulahkul Satsang Mandal v. Land Acquisition Collector (South West) & Anr.

15 Jan 2018 · G. S. Sistani; Sangita Dhingra Sehgal · 2018:DHC:394-DB

The Delhi High Court held that land acquisition proceedings lapse under Section 24(2) of the 2013 Act if neither possession is taken nor compensation is paid or deposited in court, and deposit in government treasury is insufficient.

property petition_allowed Significant land acquisition Section 24(2) 2013 Act compensation payment deposit in court

Subhash Chopra & Ors. v. Union of India & Ors.

15 Jan 2018 · G. S. Sistani; Sangita Dhingra Sehgal · 2018:DHC:395-DB

The Delhi High Court held that land acquisition proceedings lapse under Section 24(2) of the 2013 Act if possession is not taken and compensation is neither paid nor deposited in court within five years of the award.

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

Reliance Communication Limited v. Bharti Infratel Limited

15 Jan 2018 · Yogesh Khanna · 2018:DHC:365

The Delhi High Court upheld the arbitral tribunal's interim order directing Reliance Communication to furnish a bank guarantee to secure Bharti Infratel's contractual claims, holding that such interim relief under Section 17 of the Arbitration Act is independent of CPC provisions and justified to protect the respondent's interests pending arbitration.

commercial_arbitration appeal_dismissed Significant Arbitration and Conciliation Act, 1996 Section 17 interim measures Section 37 appeal Master Service Agreement

Reliance Communication Limited & Anr. v. Bharti Infratel Limited

15 Jan 2018 · Yogesh Khanna · 2018:DHC:364

The Delhi High Court upheld the arbitral tribunal’s interim order directing Reliance Communication to furnish a bank guarantee to secure Bharti Infratel’s claim pending arbitration, emphasizing limited scope for appellate interference in interim reliefs under arbitration law.

commercial_arbitration appeal_dismissed Significant Arbitration and Conciliation Act, 1996 Section 17 interim measures Bank guarantee Exit amount

Parsoli Motors Works Private Limited v. BMW India Private Limited

15 Jan 2018 · C. Hari Shankar · 2018:DHC:363

The Delhi High Court dismissed the petition seeking interim relief to extend a fixed-term non-exclusive BMW dealership, holding no enforceable right to renewal existed and interim injunctions under Section 9 of the Arbitration Act must respect contractual terms and limitations under the Specific Relief Act.

civil petition_dismissed Significant Section 9 Arbitration Act dealership agreement contract renewal interim relief

Sanjay Mehra v. Kores India Ltd.

15 Jan 2018 · Prathiba M. Singh · 2018:DHC:376

The Delhi High Court dismissed the appeal, upholding the Trial court’s decree allowing recovery of sales tax paid by the Plaintiff due to the Defendant’s failure to submit statutory ST-1 forms within limitation under the continuing breach principle.

civil appeal_dismissed Limitation Act Article 55 continuing breach ST-1 sales tax forms

Yonker Skates Pvt Ltd v. I - Bots & Anr

15 Jan 2018 · Rajiv Sahai Endlaw · 2018:DHC:396

The Delhi High Court modified a permanent injunction against Flipkart, holding that as an intermediary protected under the IT Act, it must act only upon notification of trademark infringement and is not liable for proactive policing of listings.

civil appeal_allowed Significant Intermediary liability Safe harbour Information Technology Act 2000 Trademark infringement

Hanif and Anr. v. Govt of NCT of Delhi and Anr.

15 Jan 2018 · Rekha Palli · 2018:DHC:383

The Delhi High Court dismissed a petition seeking physical possession of land allotted over 40 years ago on the ground of inordinate delay and laches, emphasizing that stale claims will not be entertained.

property petition_dismissed Significant writ of mandamus physical possession land allotment consolidation proceedings

Astonfield Renewables Pvt. Ltd. & Anr. v. Ravinder Raina

15 Jan 2018 · Navin Chawla · 2018:DHC:382

The Delhi High Court upheld an arbitral award granting pro-rata shares and dues to the respondent, holding that disputes under two interlinked agreements could be referred to a common arbitral tribunal and that the arbitrator’s contract interpretation was reasonable and binding.

civil petition_dismissed Significant arbitration composite transaction common arbitral tribunal stock issuance agreement

Laxmi Archon (P) Ltd. v. ADM South West

15 Jan 2018 · G. S. Sistani; Sangita Dhingra Sehgal · 2018:DHC:387-DB

The Delhi High Court dismissed the writ petition and directed the petitioner to pursue the statutory appeal for No Objection Certificate, emphasizing the availability of alternative remedy and expeditious disposal.

property appeal_allowed No Objection Certificate Delhi Land (Restriction on Transfer) Act, 1972 Article 226 alternative remedy

Vijay Kumar Bajaj v. R.D. Nath and Ors.

15 Jan 2018 · G.S. Sistani; Sangita Dhingra Sehgal · 2018:DHC:384-DB

The Delhi High Court held that once acquisition proceedings have been declared lapsed under Section 24(2) of the 2013 Act in an earlier writ petition, a second petition for the same relief on the same land cannot be entertained, and subsequent purchasers have locus standi to claim lapse of acquisition proceedings.

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

Sanjeev Sikka and Anr. v. Reserve Bank of India and Ors.

15 Jan 2018 · Siddharth Mridul; Deepa Sharma · 2018:DHC:386-DB

The Delhi High Court upheld the mandatory pre-deposit requirement under Section 18 of the SARFAESI Act, dismissing the petitioners' challenge to the DRAT order rejecting their appeal for non-compliance.

civil petition_dismissed Significant SARFAESI Act Section 18 pre-deposit Debt Recovery Tribunal

R B B v. LTG S D B

15 Jan 2018 · Siddharth Mridul; Deepa Sharma · 2018:DHC:385-DB

The Delhi High Court dismissed the wife's appeal challenging the Family Court's dismissal of her interim maintenance application under Section 24 of the Hindu Marriage Act, upholding the decree of dissolution of marriage on cruelty grounds.

family appeal_dismissed Family Courts Act, 1984 Hindu Marriage Act, 1955 Section 24 interim maintenance