Terminating Services Of CAPF Personnel On Being Detected HIV Positive 'Discriminatory': Delhi High Court

The Delhi High Court has held that termination of service of Central Armed Police Forces (CAPF) personnel on the ground of them being detected as HIV positive is discriminatory and prohibited under the HIV Act.A division bench comprising Justice Navin Chawla and Justice Shalinder Kaur observed that the authorities are under a legal obligation to provide reasonable accommodation to...

NEET-UG | Delhi HC Rejects Plea Against MCC Withdrawing Conversion Of SC-Children/Women Seats To General Category Prior To Counselling

Refusing to grant relief to NEET-UG candidate who could not secure admission to MBBS course, the Delhi High Court observed that the correction of a legal error on reservation to align with constitutional principles before the commencement of the third round of counselling cannot be considered as a procedural breach or administrative fault on part of the authorities.Not finding any illegality...

Customs Can Clone Data Of Seized Electronic Devices As Per Statutory Procedure, Need Not Retain Devices Throughout Prosecution: Delhi HC

The Delhi High Court has called upon the Customs Department to clone the required data from seized electronic devices of persons allegedly involved in smuggling and other violations under the Act, instead of retaining such devices throughout prosecutions.A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta observed that such a practice will not only ensure that the...

Five Reasons Why Delhi High Court Held Restaurants Cannot Levy Mandatory Service Charge On Food Bills

In an important judgment, the Delhi High Court on Friday ruled that service charge or tip is a voluntary payment by the customer and cannot be charged compulsorily by restaurants or hotels on food bills.Justice Prathiba M Singh thus upheld the guidelines issued by Central Consumer Protection Authority (CCPA) in 2022 prohibiting hotels and restaurants from levying service charges...

High Court Grants Interim Bail To Delhi Riots Accused To Arrange Funds For Daughter's Academic Fee

The Delhi High Court on Friday granted interim bail to Mohd. Salim Khan, accused in the UAPA case alleging a larger conspiracy in the 2020 North-East Delhi riots. A division bench comprising Justice Navin Chawla and Justice Shalinder Kaur ordered Khan's release on interim bail for 10 days in order to permit him to arrange funds for payment of academic fees of his daughter who is pursuing law...

Centre Notifies Repatriation Of Justice CD Singh From Delhi HC To Allahabad HC

The Centre cleared the Supreme Court Collegium recommendation to transfer Delhi High Court judge Justice Chandra Dhari Singh to Allahabad High Court.A notification in this regard was issued by the Ministry of Law and Justice on Friday.The Collegium headed by Chief Justice of India Sanjiv Khanna and also comprising Justices BR Gavai and Surya Kant in November 2024 had recommended Justice...

Centre Approves Transfer Of Justice Yashwant Varma To Allahabad High Court Amidst In-House Inquiry Over Cash Row

The Central Government today (March 28) notified the repatriation of Justice Yashwant Varma from Delhi to the Allahabad High Court based on the Supreme Court Collegium's recommendations on March 24. Justice Varma is facing an in-house inquiry by a 3-judge panel constituted by the Chief Justice of India over the allegations regarding the discovery of illicit cash currencies at his...

Order Restraining Revenue From Taking Coercive Steps For Recovery Of Demand Can Interdict Adjustment Of Refunds: Delhi HC

The Delhi High Court has held that when an appellate authority has asked the Income Tax Department to not take any coercive steps against an assessee for recovery of outstanding demands, the same can in some cases interdict the Department from adjusting the outstanding amount from refunds due to the assessee.A division bench of Justices Vibhu Bakhru and Tejas Karia took note of a Punjab...

Delhi HC Asks MP Engineer Rashid To Deposit 50% Amount Demanded By Jail Authorities For Parliament Visit, ₹4 Lakh To Be Paid Within 3 Days

The Delhi High Court on Friday (March 28) ordered jailed Jammu and Kashmir MP Engineer Rashid to deposit ₹4 lakh (approx) with the jail authorities, so as to attend the second part of the Parliamentary session which ends on April 04.The figure is 50% of the total amount demanded by the jail authorities (₹8.74 lakhs) to enable his Parliament visit 'in-custody', which was ordered by the...

Force Majeure Clause 'Eclipses' Contractual Terms, Existence And Duration Of Force Majeure Event To Be Determined By Arbitral Tribunal: Delhi HC

The Delhi High Court Bench of Justice Dinesh Kumar Sharma has held that while deciding a petition under Section 34 of the Arbitration & Conciliation Act, 1996, courts cannot adopt the approach of one-size-fit-for-all. Courts can interfere into the award only if it shocks the conscience of the court and is prone to adversely affect the administration of justice. The court held that...

Delhi High Court Sets Aside Centre's Order Cancelling Academic Ashok Swain's OCI Card

The Delhi High Court on Friday (March 28) set aside an order issued by the Central Government cancelling the OCI card of academic and writer Ashok Swain.Justice Sachin Datta said that the concerned authority would be at liberty to pass a fresg order as it thinks fit after considering the reply or explanation, if any, furnished by Swain.”Needless to say, once such an order is passed,...

Service Charge Is Voluntary Payment By Consumers, Can't Be Made Mandatory On Food Bills: Delhi High Court

The Delhi High Court on Friday held that service charge and tips are voluntary payments by consumers and cannot be made compulsory or mandatory on food bills by restaurants or hotels.Justice Prathiba M Singh thus rejected two petitions filed by Federation of Hotels and Restaurant Associations of India (FHRAI) and National Restaurant Association of India (NRAI), challenging CCPA guidelines of...