Delhi High Court
'Appalling': Delhi High Court Criticizes Non-Compliance Of Supreme Court Order On Compulsory Registration Of Marriages
The Delhi High Court on Wednesday expressed its displeasure at the Union and Delhi Governments over non-compliance of a Supreme Court order directing that all marriages be compulsorily registered, irrespective of faith.“This is pathetic actually…It is appalling as to how you are not implementing the order of the Supreme Court,” a division bench comprising Chief Justice Devendra...
Delhi HC Grants Interim Relief U/S 9 Of Arbitration Act By Attaching TMT Steel Bars Worth ₹69.5 Crores Made Using Coal Whose Quality Was Disputed
The Delhi High Court bench of Justice Manoj Kumar Ohri has granted interim relief to a petitioner under Section 9 of the Arbitration and Conciliation Act, 1996 to the extent of 50% of the balance outstanding claimed i.e., Rs. 69.50 Crores by attaching TMT Steel bars (finished product) of the equivalent amount in a dispute over the quality of coal delivered, which was used to manufacture...
[Arbitration Act] Limitation Does Not Stop If Initial Filing Is Non Est, Date Of Filing Must Be Reckoned From Date Of Refiling: Delhi HC
The Delhi High Court Bench of Justice Manoj Kumar Ohri has reiterated that the filing of the arbitral award under challenge along with application under Section 34 of the Arbitration and Conciliation Act is not a mere procedural formality but an essential requirement and non-filing of the same would make the application non est in the eyes of law. The Court further observed that such a...
Legal Profession Appears To Be Settled Career But Success Here No Cakewalk: Justice Anoop Kumar Mendiratta Bids Farewell To Delhi HC
Justice Anoop Kumar Mendiratta on Wednesday bid farewell to the Delhi High Court, saying that legal profession seems to be a settled career without much toil but success in the field is not a cakewalk.Reminiscing his early life in the profession, the judge said that his foray into the legal profession happened as a backup for his “failed attempt” to become a medico doctor.“Law...
Delhi High Court Upholds Trial Court Order Allowing Accused's Plea To Preserve Call Detail Records, Location Data Of CBI Officers
The Delhi High Court has observed that a Trial Court's order allowing the application of an accused for preservation of Call Detail Records and location data of CBI officers and independent witnesses is an 'interlocutory order' and thus a revision petition under Section 397 CrPC challenging the order is not applicable.For context, Section 397(2) CrPC imposes a bar on the revisional...
Time Spent Before 'Wrong' Court Excluded U/S 14 Of Limitation Act While Calculating Limitation Period U/S 34 Of Arbitration Act: Delhi High Court
The Delhi High Court Bench of Justice Dharmesh Sharma has held that during the calculation of the limitation period of three months for the application under Section 34(1) of the Act, the time during which the applicant was prosecuting such application before the wrong court is excluded. Court noted that the proceedings in the wrong court should be bona fide, with due diligence. Brief...
No Liberalised Family Pension For Death During Casual Leave; Direct Causal Link With Official Duty Essential: Delhi HC
Delhi High Court: A Division Bench of Justices Navin Chawla and Shalinder Kaur held that death of a CRPF Sub-Inspector in a road accident during casual leave does not qualify for Liberalized Family Pension or Ex-Gratia Compensation. The court held that mere classification of leave as 'on duty' under service rules is not enough unless there exists a direct causal link between the...
Awarding Less Than Minimum Prescribed Sentence Under Wildlife Protection Act Would Frustrate Its Object, Set A Dangerous Precedent: Delhi HC
The Delhi High Court has held that it is impermissible to award a sentence which is less than the minimum prescribed term under the Wild Life (Protection) Act, 1972.Justice Chandra Dhari Singh said that the legislative intent behind prescribing a minimum sentence for offences under the enactment must be given due regard.Observing that the Wild Life Protection Act was enacted with the objective...
NDLS Stampede: Delhi High Court Refuses To Implead Persons Prevented From Boarding Train, Asks Them To Avail Remedy Separately
The Delhi High Court on Wednesday refused to entertain an application filed by various individuals seeking intervention in a pending public interest litigation filed over the recent stampede that occurred at New Delhi Railway Station on February 15. A division bench comprising Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela granted liberty to the impleaders to...
Delhi High Court Issues Notice On Plea Seeking Separate Website For Rouse Avenue Court
The Delhi High Court has recently issued notice on a petition seeking the creation of a separate website for Rouse Avenue Court.Justice Sachin Datta sought response of District Judge (Headquarters) of Tis Hazari Courts, Ministry of Law and Justice and National Informatics Centre. “Let reply be filed by the respondent/s within a period of three weeks from the date of receipt of notice,”...
Illegal Construction Threatens Ecologically Sensitive Yamuna Floodplains: Delhi HC Rejects Dhobi Ghat Slum Residents' Plea Against Demolition
The Delhi High Court has observed that Yamuna floodplains in the national capital is ecologically sensitive and any unlawful encroachment or construction in the area poses significant threat to it. “The floodplain area is a designated prohibited activity zone and serves as a vital element of the river ecosystem. Encroachment upon this area disrupts the natural flow of water, resulting in...
Delhi High Court Allows Indigo Airlines' Plea, Holds Levy Of Additional IGST On Repaired & Re-Imported Aircraft Parts To Be Unconstitutional
In big relief to Indigo airlines, the Delhi High Court has held that an additional levy of Integrated Goods and Services Tax (IGST) and cess under Section 3(7) of the Customs Tariff Act, 1975 on re-import of aircraft parts that were repaired abroad, is unconstitutional.A division bench of Justice Yashwant Varma and Ravinder Dudeja observed that “additional duty even after the transaction...