Delhi High Court
'Nothing Worse For News Agency Being Called Puppet Of Govt': Delhi High Court To Wikipedia In Defamation Battle With ANI
While hearing an ongoing defamation battle between Wikipedia and Asian News International (ANI), the Delhi High Court on Monday told the platform that nothing can be worse for a news agency than to be called a puppet of an Intelligence Agency or a stooge of the Government.A division bench comprising Chief Justice Manmohan and Justice Tushar Rao Gedela was hearing the appeal filed by...
Interference Under Article 227 Is Permissible Only If Order Of Arbitrator Is Completely Perverse And Illegal: Delhi High Court
The Delhi High Court Bench of Justice Manoj Jain held that judicial interference under Article 227 of the Indian Constitution in the arbitral matters should be limited and confined to exceptional cases. In the present case, a petition under article 227 was filed by the petitioner, Dr. Rajan Jaiswal in which the order passed by the Sole Arbitrator on September 24,2024 was challenged....
Right To Seek Reference To Arbitration U/S 8 Can Be Waived At Instance Of Defendant: Delhi High Court
The Delhi High Court bench of Chief Justice Manmohan and Justice Tushar Rao Gedela has held that a Defendant (in a civil suit) has the right to withdraw an application filed under Section 8 of the Arbitration and Conciliation Act, 1996, and submit to the jurisdiction of the Civil Court. The court held that when the Defendant (herein, the Respondent) withdrew the application seeking...
Approval By DoE Mandatory For Order Of Dismissal Against Teachers In Private Schools, Ex Post Facto Approval Cannot Sustain In Law, Delhi High Court
A Division Bench of the Delhi High Court comprising Justices Hari Shankar and Justices Sudhir Kumar Jain has recently set aside a teacher's Order of Dismissal from service observing that the ex post facto approval of the Directorate of education in dismissing a teacher from service granted cannot sustain in law as mandated under Section 8(2) of the DSE Act and Rule 120(2) of...
SCN Was 'Gloriously Silent' On Provisions Of GST Act Which Were Allegedly Infringed: Delhi High Court Quashes Order
Finding that the SCN as well as the final order fails to provide any clue with respect to the provision of the statute which was alleged to have been violated or infringed, the Delhi High Court quashes the SCN & the order of cancellation of GST registration. “The SCN is gloriously silent with respect to the provisions of the GST Act which are alleged to have been...
'Reasons' To Remit Matter For Fresh Inquiry Need To Be 'Meaningful And Self Speaking', Can't Be Left To Imagination, Delhi High Court
A Division Bench of the Delhi High Court comprising Justices Hari Shankar and Sudhir Kumar Jain upheld a judgement of the Central Administrative Tribunal stating that the 'reasons' for remitting the matter as is required by Rule 9(1) of the AIS (D & A) Rules need to be meaningful and cannot be left for imagination. Background The Respondent before the Court is a 1990 batch...
Delhi High Court Dismisses Plea Challenging Recalculation Of Arbitral Fees, Upholds Separate Fee Calculation For Claims & Counterclaims
The Delhi High Court Bench of Justice Sachin Datta has held that the arbitral tribunal had correctly applied the IVth Schedule of the Arbitration and Conciliation Act, 1996, in recalculating the fees separately for the claims and counterclaims. Additionally, the court held that invoking Section 39(2) of the Arbitration and Conciliation Act, 1996 was premature since no award had...
High Court Issues Notice On MLA Kartar Singh Tanwar's Plea Against Disqualification From Delhi Assembly
The Delhi High Court on Friday issued notice on a plea moved by MLA Kartar Singh Tanwar against his disqualification from Delhi Legislative Assembly by the Speaker.Justice Sanjeev Narula sought response of the office of the Legislative Assembly's Speaker as well as MLA Dilip Kumar Pandey who filed the disqualification petition against Tanwar. Tanwar contested the General Elections to the...
Dept Can't Justify Retention Of Refund Claim On Account Of Having Been Deposited Voluntarily By Taxpayer: Delhi HC
The Delhi High Court held that when the payment of refund was delayed, the assessee automatically becomes entitled to interest u/s 42 of the DVAT Act. After the assessee succeeds in vindicating its stand that its claim for refund was correct, it would follow that that the assessee would be refunded the amount claimed and interest would be payable, added the High Court. The High...
Sexual Harassment Case: Delhi High Court Issues Notice On Brij Bhushan Singh's Plea For Early Hearing In Case Against Framing Of Charges
The Delhi High Court on Friday issued notice on an application filed by BJP leader Brij Bhushan Sharan Singh seeking early hearing in his petition for quashing of the FIR, chargesheet as well as framing of charges against him in the sexual harassment case filed by women wrestlers.Justice Manoj Kumar Ohri issued notice on Singh's application and sought reply of the Delhi Police. The application...
Delhi High Court Allows Review Petition, Recalls Direction To Respondents To Appoint Petitioner Due To Low Merit
A division bench of Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur has allowed a Review Petition filed by the Respondents seeking review of its order directing the Respondent to recall the appointment of a candidate(writ petitioner). Review was sought on the ground that the candidate had not made his place in the merit list, however, the Single Judge had directed...
'OKEY' Is Informal Usage, Slangs Cannot Be Regarded As “Meaningful English Usage”: Delhi High Court
A Division Bench of the Delhi High Court comprising Justices C. Hari Shankar and Sudhir Kumar Jain was considering an academic issue concerning Combined Graduate Level Examination Tier-II, 2023 conducted by the SSC for recruitment to various civil posts.The question in the examination was to choose as to how many 'meaningful words' could be formed from the O, K, E and Y. The respondents...