Delhi High Court
Annual Performance Appraisal Report Determining Career Progression Must Be Written By Superior Officers With Impartiality: Delhi High Court
A division bench of the Delhi High Court comprising of Justice Navin Chawla & Justice Shalinder Kaur, held that annual performance appraisal report determining career progression and promotions must be written by superior officers with objectivity, impartiality, fairness and free from any prejudice. Background Facts The employee joined the Indo-Tibetan Border Police (ITBP) in...
Article 227 Cannot Be Invoked When Interrogatories & Discoveries Allowed By Tribunal Are Not In Nature Of Fishing Inquiry: Delhi HC
The Delhi High Court has held that the scope of review under Article 227 is extremely narrow; the same cannot be invoked when the interrogatories and discoveries allowed by the tribunal have a co-relation and nexus with the subject matter of the dispute.The bench of Justice Manoj Jain, while hearing two claim petitions, held that where the seller offered alternate plots in similar projects...
Delhi High Court Stays Decision Of Apex Council Which Altered Result Of 'Legends League' Cricket Match After Being Declared
The Delhi High Court bench of Justice Sachin Datta, while hearing a Section 9 petition under the A&C Act, has granted interim relief to the petitioner by staying the communication of Event Technical Committee (ETC) and the Apex Council which allowed the result of a cricket match to be altered after the result has been announced.Factual Overview:The petitioner is a Konark Surya...
Forum Shopping Is Abuse Of Legal Process And Cannot Be Condoned: Delhi High Court
The Delhi High Court Bench of Justice Swarana Kanta Sharma has held that forum shopping, i.e., such conduct, where the petitioner attempts to choose a forum favourable to them after having already approached the appropriate forum, is an abuse of legal process and cannot be condoned. Brief facts of the case: The case revolves around a dispute between Michael Builders and Developers...
Prosecution, Legal Departments Must Exercise Due Diligence Before Initiating Cases: Delhi High Court On Frivolous Litigation
The Delhi High Court has observed that the prosecution and Delhi Government's Department of Law & Legislative Affairs must exercise due diligence before initiating cases and that legal process must not be misused through frivolous litigation. Justice Amit Mahajan said that filing of frivolous cases has a spiral effect on other litigations which are waiting for their turn to be heard...
Withholding Bail When Court Deemed It Fit To Release Accused Amounts To Punishment: Delhi High Court
The Delhi High Court has held that where a Court deems it fit to release an accused on merits, withholding bail amounts to a punishment.“Therefore, if a Court on merits deems it fit to release an accused on bail, withholding the aforesaid relief will amount to be considered as a punishment,” Justice Chandra Dhari Singh said. The Court made the observation while granting regular bail to...
Legal Internships Do Not Amount To Active Legal Practice: Delhi High Court
The Delhi High Court has recently observed that legal internships undertaken as law students do not amount to “active legal practice” after being enrolled as an advocate.“Internships undertaken as part of legal education, though valuable in providing practical exposure, do not satisfy the professional experience requirement for practicing law,” Justice Sanjeev Narula observed.The...
St Stephen's PG Seats Allocation: Delhi High Court Holds DU Officials Guilty Of 'Wilful Disobedience'
The Delhi High Court has found Delhi University (DU) officials to be in "wilful disobedience" of its order, where the DU was directed to allocate proportionate number of PG seats to St. Stephan College.The case relates to a petition filed by St. Stephan College, which sought the allocation of a proportionate number of PG seats by the DU or alternatively, the formulation of guidelines...
Delhi High Court Sets Aside Arbitral Award Due To Failure Of Arbitrator To Disclose Conflict, Non-Supply Of Documents
The Delhi High Court bench of Justice Prateek Jalan has held that the duty of arbitrators of disclosure of any conflicts under Section 12 of the Arbitration and Conciliation Act, 1996 is mandatory and continuous throughout the proceedings. The court noted that disclosure must be in writing and a verbal disclosure does not suffice. The court also held that there was a violation of...
Worshipper Cannot Claim Injunction To Stop Temple Demolition On Govt Land Without Demonstrating Any Personal Interest: Delhi High Court
The Delhi High Court has observed that a 'worshipper of a temple', who has no personal interest over the temple property, cannot be granted a relief to stop the demolition of the temple built illegally on a land owned by the Delhi Development Authority (DDA).A single judge bench of Justice Tara Vitasta Ganju was considering the appellant's challenge to the Trial Court's order, which dismissed...
Delhi High Court Issues Notice On Plea To Allow Sonam Wangchuk, Others From Ladakh To Hold Peaceful Protest At Jantar Mantar
The Delhi High Court on Wednesday sought response of the Delhi Police on a seeking permission to allow climate activist Sonam Wangchuk and his associates from Ladakh to hold peaceful protest at Jantar Mantar for raising environmental awareness and demanding Sixth Schedule status for Ladakh.A division bench comprising of Justice Prathiba M Singh and Justice Amit Sharma also sought response of...
Assessee's Failure To Respond To Draft Assessment Order In Timely Manner No Grounds For AO To Exceed Limitation U/S 144C(4) Of IT Act: Delhi HC
The Delhi High Court has made it clear that an assessee's failure to timely respond to the 'draft assessment order' issued under Section 144C of the Income Tax Act, 1961 does not give leeway to the Assessing Officer (AO) to exceed the limitation period for passing the final assessment order. Section 144C prescribes special procedure whereby an 'eligible assessee' is issued...