Denial Of Admission To Any Child After Seat Allotment By Directorate Of Education Violates Objectives Of RTE Act: Delhi High Court

The Delhi High Court has observed that denial of admission to any child once allotment of seat is done by the Directorate of Education (DoE) would be in violation of the objectives which the Right to Education Act seeks to achieve.Justice Purushaindra Kumar Kaurav said that once an impression of legitimate expectation of admission is triggered in the minds of students who successfully find...

Constitutional Courts Entertaining Writ Petitions Without Proper Caution Would Breach Trust Of Genuine Litigants: Delhi High Court

The Delhi High Court has observed that a writ petition under Article 226 of Constitution of India, which alleges encroachment on government land, cannot be entertained if it requires the court to conduct a 'roving or fishing enquiry' into disputed facts of the case.Justice Purushaindra Kumar Kaurav observed that Article 226 is a public law remedy and cautioned that entertaining writ...

Delhi High Court Dismisses Challenge To Rule Requiring Filing Of Written Statement Within 120 Days, Says Original Side Rules Override CPC Provisions

The Delhi High Court has upheld the constitutionality of Rule 4, Chapter VII of the Delhi High Court (Original Side) Rules, 2018, which mandates that a written statement has to be filed within 120 days, including in non-commercial matters.The Division Bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna held that the High Court is empowered to frame its own rules and procedure in...

Delhi High Court Convicts Two Men In Head Injury Case After 15 Years

The Delhi High Court has recently overturned acquittal of two men and convicted them after over 15 years for intentionally inflicting injury on a man's head with a sharp object that could have resulted in his death.Justice Neena Bansal Krishna set aside the acquittal order passed by the trial court on October 01, 2008, and convicted both the accused persons for the offences under Section...

Delhi High Court Weekly Round-Up: August 19 To August 25, 2024

Citations 2024 LiveLaw (Del) 917 to 2024 LiveLaw (Del) 933NOMINAL INDEXVedanta Limited Versus ACIT 2024 LiveLaw (Del) 917 Shree Bhavani Power Projects Pvt. Ltd. Versus ITO 2024 LiveLaw (Del) 918 JagatMitra Foundation v Union of India through the Ministry of Health and Family Welfare and Ors. 2024 LiveLaw (Del) 919 SBC Minerals Pvt. Ltd. Versus Assistant Commissioner Of Income Tax 2024...

Court's Role Under Section 11(5) Or 11(6) Of Arbitration Act Limited To Verifying Arbitration Agreement And Timely Filing: Delhi High Court

The Delhi High Court bench of Justice C. Hari Shankar has held when a Court exercises jurisdiction under Section 11(5) or Section 11(6) of the Arbitration and Conciliation Act, 1996, it has to only ensure the existence of an arbitration agreement between the parties and to confirm that the petition under these sections has been filed within three years of the service of a Section...

AO Ought To Grant TDS Credit In Compliance Of ITAT's Directions: Delhi High Court

The Delhi High Court has held that the Assessing Officer (AO) ought to grant TDS credit in compliance with the Income Tax Appellate Tribunal's (ITAT's) directions.The bench of Justice Yashwant Varma and Justice Ravinder Dudeja has observed that the Tribunal had framed an unequivocal direction for the AO to verify and attend to the grievance of short credit of TDS, bearing in mind what...

Delhi High Court Issues Directions For 'Accessible' EWS/DG Category Admissions In Private Unaided Recognized Schools

The Delhi High Court on Thursday issued a slew of directions to ensure “respectful and accessible” admissions of students in all private unaided recognized schools under the EWS/DG category in the national capital.Justice Swarana Kanta also directed all the stakeholders to ensure that there is a seamless merger of EWS and non-EWS students in the schools, as per the spirit of Right...

[Cheque Dishonour] Accused Often Get Away Due To Lack Of Evidence, Courts Must Acknowledge Friendly Cash Loans Between Parties: Delhi HC

While hearing a matter on cheque bounce under the Negotiable Instruments (NI) Act, the Delhi High Court recently said that it would be prudent for courts to acknowledge that friendly cash loans are provided between parties without an existing document trail, with accused often getting acquitted because the complainant is unable to prove the existence of a debt. A single judge bench of...

Delhi High Court Directs Man To Put Apology For Posting 'Offensive Tweet' Against Alt News' Mohd Zubair

The Delhi High Court on Thursday directed a man named Jagdish Singh to put an apology on X Corp, formerly Twitter, for posting an “offensive tweet” against Alt News co founder Mohammed Zubair by calling him a “jihadi” in 2020.Justice Anup Jairam Bhambhani directed Singh to post the apology on his Twitter handle within a week which is to be retained there for atleast two months.The...

Delhi High Court Issues Notice On Plea Against Appointment Of Union Bank Executive Director Over Sexual Harassment Allegations

The Delhi High Court on Thursday issued notice on a public interest litigation (PIL) against the appointment of Pankaj Dwivedi as the Executive Director of Union Bank of India over sexual harassment allegations by a woman. Dwivedi was appointed as the Executive Director of Union Bank of India on March 27. The appointment is for a tenure of three years. A division bench comprising of Acting...

Section 29A Time Limit Does Not Apply To Arbitral Proceedings Commenced Before 2015 Amendment: Delhi High Court

The Delhi High Court bench of Justice Prateek Jalan has held that time limit under Section 29A of the Arbitration and Conciliation Act is not applicable to arbitral proceedings “commenced” as per Section 21 prior to 2015 amendment. The bench held the “commencement” of proceedings is the relevant yardstick for determining applicability of the Section 29A after 2015 amendment...