Delhi High Court
Congress Leader P Chidambaram Moves Delhi High Court Against Trial Court Taking Cognizance Of ED Chargesheet In INX Media Case
Senior Congress leader P. Chidambaram has moved the Delhi High Court challenging a trial court order which took cognizance of the chargesheet filed against him by the Enforcement Directorate (ED) in the money laundering case connected to the INX Media case.Senior Advocate N Hariharan appearing for Chidambaram submitted before Justice Manoj Kumar Ohri on Thursday that mandatory sanction...
'Epilepsy Can't Be Attributed To Service In Navy As It Occurs Periodically And Could Be Dormant At Other Times', Delhi High Court Dismisses Petition
A Division Bench of Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur dismissed an appeal wherein a Navy Officer sought disability pension based on the claim that his medical condition (Epilepsy) was attributable to his service in the navy. The Officer was invalidated after the detection of the medical condition which was not disputed, however, the Court held that...
'Two Sets Of Rules For Promotion To Same Post, Candidate Cannot Be Denied Promotion In One And Denied Same In Another': Delhi High Court
A Division Bench of Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur while allowing a Petition observed that if two sets of rules lead to promotion to a single post, it would not make sense to allow the Petitioner relaxation as per one rule and deny him the same as per another. The Court held that if he was given relaxation while he was appointed to the post, he could...
Can Rape Victim Who Contracted HIV Be Awarded Compensation Under Delhi Victim Compensation Scheme? High Court To Decide
The Delhi High Court is set to decide as to whether a victim of rape or sexual assault, who has contracted STD or HIV, be awarded compensation under the Delhi Victim Compensation Scheme, 2018.Justice Sanjeev Narula issued notice on a woman's plea who was subjected to sexual assault in 2017, leading her to contracting HIV, seeking enhanced compensation under the Scheme. She was awarded...
'Candidate Cannot Produce Documents At Document Verification Stage', Delhi High Court Dismisses Petition
A Division Bench of Delhi High court comprising Justices Navin Chawla and Shalinder Kaur dismissed a Petition of a candidate seeking to set aside the rejection of his candidature due to having produced an experience certificate at the stage of document verification. The Bench held that the Advertisement specified the date of uploading the documents and it could not be considered a...
Writ Jurisdiction Cannot Be Invoked To Challenge Arbitral Award, Only To Circumvent Statutory Requirement Of S.19 Of MSMED Act: Delhi High Court
The Delhi High Court bench of Justice Sanjeev Narula, while hearing a writ petition challenging an arbitral award passed by the Micro and Small Enterprises Facilitation Council (MSFEC), has held that invoking the writ jurisdiction to challenge an arbitral award would circumvent the statutory requirement of pre-deposit u/s 19 of the MSMED Act, and would amount to defeating the...
'Balance Must Be Stricken Between Mistake And Chance To Rectify Lapse', Delhi High Court Allows Candidates To Join Post
A Division Bench of Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur observed while allowing a Petition that authorities must look into the accuracy of documents and decide the cases of candidates based on facts and circumstances of each case. While holding that the submission of documents was an important step in selection process and must be adhered to strictly,...
Delhi High Court Stays Arbitral Proceedings Where Petitioner's Defence Was Struck-Off Due To Non-Payment Of Arbitral Fees
The Delhi High Court bench of Justice Sanjeev Narula has held that the striking off of the defence of the Petitioner for non-payment of arbitral fees is a drastic measure that exceeds the jurisdiction of the Arbitrator. The Court observed that under Section 38(2) of the Arbitration and Conciliation Act, 1996, the Tribunal should allow the proceedings to continue with the Claimant...
Delhi High Court Refuses To Entertain Plea Seeking Constitution Of 'Sanatan Dharm Raksha Board'
The Delhi High Court on Wednesday refused to entertain a public interest litigation (PIL) seeking constitution of "'Sanatan Dharm Raksha Board."A division bench comprising of Chief Justice Manmohan and Justice Tushar Rao Gedela said that the issue fell within the policy domain and that the Court cannot issue a direction for constitution of such a board. The bench also asked the...
Compensation To Acid Attack Victims Once Awarded Can't Be Arbitrarily Reduced Below Minimum Threshold: Delhi High Court
The Delhi High Court has recently observed that once the decision of awarding compensation to acid attack victims under the Delhi Victim Compensation Scheme, 2015, has been made, it cannot be arbitrarily reduced below the minimum threshold of Rs. 3 lakh. "By no stretch of the language of the Scheme and the various judicial pronouncements discussing the requirement of adequate compensation,...
Liberty To File Fresh Application Not Fresh Cause Of Action, Limitation U/S 34(3) Of Arbitration Act Cannot Be Extended: Delhi High Court
The Delhi High Court Bench of Justice Rekha Palli and Justice Saurabh Banerjee have held that mere liberty to file a fresh application before the competent Court does not amount to a fresh cause of action occurring in the appellant's favour. The relevant date(s) of the Award always remained unchanged, and therefore even after availing the benefit of the period under Section 14 of...
S.99A Customs Act | Final Report Containing Audit Findings Can Be Drawn Only After Apprising Auditee Of 'Objections': Delhi High Court
The Delhi High Court has held that pursuant to an audit in respect of assessment of imported or exported goods under Section 99A of the Cutoms Act, 1962, the proper officer is liable to apprise the auditee of the objections which according to it arise in respect of the assessment. A division bench of Justices Yashwant Varma and Ravinder Dudeja discussed the power that stands enshrined...