Delhi High Court
Principle Of Judicial Non-Interference Is Fundamental To Both Domestic & International Arbitral Proceedings: Delhi High Court
The Delhi High Court Bench of Justice Subramonium Prasad observed that it is well settled that the principle of judicial non-interference in arbitral proceedings is fundamental to both domestic as well as international commercial arbitration and that the Arbitration Act is self contained code. In this case, a petition under section 11(5) of the Arbitration and Conciliation Act (Act)...
Labour Court And Registrar Of Cooperative Societies Have Concurrent Jurisdiction For Disputes Relating To Disciplinary Action: Delhi High Court
Recently, a Single Bench of the Delhi High Court comprising of Justice Tara Vitasta Ganju heard a petition impugning the award passed by the learned Additional District and Sessions Judge. By the Impugned Award, the complaint filed by the Petitioner on the applicability of the provisions of the Industrial Disputes Act, 1947, was dismissed by the Labour Court, in view of the specific bar as...
SC Candidates Holding Different States' Certificate Entitled To Claim Job Reservation In Union Territory, Delhi High Court Reiterates
Recently, a Division Bench of the Delhi High Court comprising of Justice C Hari Shankar and Justice Sudhir Kumar Jain heard a petition impugning the Judgment by Central Administrative Tribunal (“CAT”) which allowed the respondents' Original Applications (“OAs”) and held that the respondents were entitled to be treated as Scheduled Caste candidates based on the certificates held...
Delhi High Court Orders Reinstatement Of CISF Officer Dismissed After Alleged Conspiracy Involving Sexual Harassment
A division bench of Delhi High Court comprising Justice Rekha Palli and Justice Shalinder Kaur ordered the reinstatement of Satish Kumar, a Sub-Inspector (SI) with the Central Industrial Security Force (CISF), after finding that his dismissal following accusations of conspiring with a female constable in a sexual harassment case was unjustified. The court re-evaluated the evidence presented...
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...