Disabilities Can Be Attributed To Service In Army Due To Stressful Work Conditions, Delhi High Court Grants Disability Pension

A Division Bench of the Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur attributed the disabilities of the Respondent to his Service considering that an Army Personnel undergoes rigorous work stress and strain. It upheld the order of the Armed Forced Tribunal stating that the Army personnel worked in a stressful and hostile environment and thus, presumably,...

Tribunal Is Master Of Evidence, Findings Cannot Be Scrutinised U/S 37 Of Arbitration Act As If Court Sitting In Appeal: Delhi HC

The Delhi High Court Bench of Justices Tara Vitasta Ganju And Vibhu Bakhru held that the Arbitral Tribunal is the master of evidence and a finding of fact arrived at by an arbitrator is on an appreciation of the evidence on record, and is not to be scrutinized under section 37 of Arbitration Act as if the Court was sitting in appeal. Brief Facts Pec Limited (Appellant) issued a...

Stray Animal Menace In AIIMS, Courts Concerning; Difficult For People Particularly With Disabilities To Even Walk On Road: Delhi High Court

While hearing a public interest litigation petition on attacks by strays such as monkeys and dogs on persons with disabilities in the city, the Delhi High Court orally called for the adoption of an approach balancing the rights between both stray animals as well as PwDs and a mechanism to deal with the same. The court however orally said that the "City cant be in such a shabby condition that...

No Right To Regularization For Casual Workers Without Proper Recruitment Process: Delhi HC

Delhi High Court: A Single Judge Bench of Justice Chandra Dhari Singh ruled on petitions involving a PNB temporary worker's termination and regularization claims. The court upheld the Industrial Tribunal's finding of illegal termination but modified the relief from reinstatement to monetary compensation of Rs. 2.5 lakh. The court rejected the worker's regularization claim, citing...

Delhi High Court Orally Asks Govt To Ensure Auto Rickshaws Charge Fare By Meter, Conduct Random Checks

While hearing a public interest litigation on enforcing the rule on installation of fare meters in autorickshaws in the city, the Delhi High Court on Friday orally asked the Government to ensure that people follow the rule and pay the auto fare as per metre, asking the government to carry out random checks at the ground level. The court thereafter disposed of the petition filed by one...

S.50 NDPS Act | Proforma With Less Desirable Option Of 'No Objection To Search By Customs Officer' Instead Of Magistrate Deplorable: Delhi HC

While hearing a bail application under the NDPS Act, the Delhi High Court has deprecated the practice of customs authorities in having a pre-typed proforma notices under Section 50 of NDPS Act.The Court stated that proforma notices under Section 50 should ideally have the two options: first, that the person requires the personal search to be done before a Gazetted Officer/Magistrate and...

Transfer Pricing | Entities Operating On Economic Upscale Can't Be Included As 'Comparables' Of Those Working On Cost-Plus Pricing: Delhi HC

The Delhi High Court has reiterated that entities commanding high profit margins cannot be included as comparables of those working on cost-plus markup basis, to determine Arm's Length Price for international transactions. A division bench of Justices Yashwant Varma and Ravinder Dudeja thus ordered the exclusion of TCS E-Serve International Ltd., TCS E-Serve and Infosys BPO Limited...

Officers Facing Temporary Illness Entitled To Promotion After Regaining SHAPE I Medical Category, Delhi High Court Grants Promotion To Army Personnel

A Division Bench of the Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur granted promotion to an Army Personnel to the Post of Assistant Commandant which was denied to the Petitioner on Medical Grounds. The Bench held that the Respondents had not provided sufficient reasons as to why the Petitioner was not detailed in a Course that was mandatory to determine...

Firecracker Ban: Delhi High Court Directs Licensed Dealers To "Strictly Refrain" From Making Sales Until January 01

The Delhi High Court has recently directed the licensed firework dealers to refrain from selling any firecrackers in the national capital until January 01, 2025.While dealing with a plea moved by Delhi Fire Works Shopkeepers Association, Justice Sanjeev Narula ordered: “All the members of the Petitioner Association shall strictly refrain from engaging in the sale of any firecrackers during...

Delhi High Court Issues Notice On PIL Seeking Regulation Enabling Reselling Of Concert Tickets Through 'Authorised Platforms'

The Delhi High Court on Thursday issued notice on a public interest litigation (PIL) seeking formulation and implementation of a regulatory framework regarding the reselling of tickets for concerts through authorized ticketing platform.A division bench comprising Chief Justice Manmohan and Justice Tushar Rao Gedela also sought response of the Union Government and other authorities...

Limitation Is Mixed Question Of Fact And Law Required To Be Adjudicated U/S 16 Of Arbitration Act: Delhi High Court

The Delhi High Court Bench of Justice Sanjeev Narula held that the issue of limitation, raised as a jurisdictional challenge under Section 16 of Arbitration Act, is rarely a pure question of law. More often, it is a mixed question of law and fact. Whether a claim is barred by the law of limitation depends upon the facts that determine the cause of action and the point from which...

Scope Of Review U/S 37(2)(b) Of Arbitration Act Is Very Limited, Courts Cannot Change Tribunal's Conclusion Based On Detailed Inquiry: Delhi HC

The High Court of Delhi of Justice Sachin Datta has held that the scope of review of an interlocutory order is very narrow when the tribunal examines the factual scenario in detail before formulating an opinion in Section 17. The court cannot change the conclusion reached by the tribunal when the same is based on an intricate factual examination of the matter.Facts:The ongoing...