Delhi High Court
Poor Labourers Forced To Fight Tooth And Nail To Get Justice, Sorry State Of Affairs In Constitutional Courts: Delhi High Court
The Delhi High Court has said that it is a sorry state of affairs in the Constitutional Courts of the country that the poor labourers are forced to fight tooth and nail to get justice for themselves.While dealing with a case which took more than two decades to reach to a conclusion leaving a poor worker in a “state of profound uncertainty”, Justice Chandra Dhari Singh...
Mitsubishi Corporation Not Liable To Deduct TDS On Sum Which Was Not Chargeable To Tax In India: Delhi High Court
The Delhi High Court has held that the assessee, Mitsubishi Corporation, is not liable to deduct TDS under Section 195(1) of the Income Tax Act where the sum paid was not chargeable to tax in India.The bench of Justice Rajiv Shakdher has observed that the assessee could have taken recourse to the DTAAs qua the reformulated question since the provisions contained therein were more...
Delhi High Court Issues Notice On PIL Against Exclusion Of Sewer And Septic Tank Cleaners From Manual Scavenging Prohibition Law
The Delhi High Court on Tuesday issued notice on a public interest litigation challenging the exclusion of sewer and septic tank cleaners doing hazardous cleaning from the purview of Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 and the Rules framed therein. A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora sought...
Arbitration Clause Does Not Cease With Contract Termination, It Is An Independent Agreement: Delhi High Court Allows S. 11 Application
The Delhi High Court single bench of Justice Sachin Datta dismissed the notion that the arbitration clause would cease to exist with the termination of the contract. The bench emphasized that the arbitration clause, as part of the contract, should be treated as an independent agreement. Brief Facts: M/s S.K Agencies (“Petitioner”) and M/s DFM Foods...
Sexual Harassment By Teachers Witnessed Widespread Occurrence, Is A Serious Offence: Delhi High Court
The Delhi High Court has observed that the act of sexual harassment by teachers with their students has witnessed a widespread occurrence which is a serious offence and abuse of a position of power.Justice Chandra Dhari Singh said teachers are gifted with the power to impart wisdom and shape the minds of children who are the future and it is imperative that such power is not misused.“As...
Right To Adopt Not A Fundamental Right, Prospective Adoptive Parents Can't Demand Their Choice Of Who To Adopt: Delhi High Court
The Delhi High Court has ruled that the right to adopt cannot be raised to the status of a fundamental right within Article 21 of the Constitution of India, nor can it be raised to a level granting Prospective Adoptive Parents (PAPs) the right to demand their choice of who to adopt. Justice Subramonium Prasad said that there is no right at all to insist on the adoption of a particular...
Criminal Activity Within Jail 'Significant Departure' From Rehabilitative Process, Weighs Against Inmates Eligibility For Parole: Delhi HC
The Delhi High Court has observed that criminal activity within jail premises may be regarded as a “significant departure from the rehabilitative process which may weigh against an inmate's parole eligibility. “Parole, which is a conditional release from the jail, is granted by the competent authority, and the same is contingent upon several factors including the behaviour of prisoner...
Only 6 CT Scan Machines Available In 19 Delhi Govt Hospitals: High Court Constitutes Committee For Ramping Up Medical Infrastructure
The Delhi High Court has constituted a six-member committee to give recommendations and suggestions for ramping up medical infrastructure and optimization of existing resources in various hospitals in the national capital, either owned by the Delhi Government or the Municipal Corporation of Delhi (MCD).“With only six CT Scan machines being available in nineteen Delhi Government hospitals...
Delhi High Court Allows Examination Of Two Witnesses In US Through Video Conferencing In Commercial Suit
The Delhi High Court has allowed examination of two witnesses in a commercial suit, residing in the United States of America (USA), to be conducted through video conferencing mode as per the High Court of Delhi Rules for Video Conferencing for Courts, 2021. Justice Sanjeev Narula said courts must foster an environment where the reliability of testimony, whether delivered in person or...
Educational Campuses Can't Be Converted Into Platforms To Propagate Party Politics, There Can't Be Any Compromise On Discipline: Delhi High Court
The Delhi High Court has recently observed that educational campuses cannot be allowed to be converted into political platforms to propagate party politics.“Discipline in students in educational institutions is of the essence. There can be no compromise in that regard. While there can be no proscription against students engaging in political activities, they cannot be allowed to do so in...
Seat Of Arbitration Inferred By Contractual Clauses & Conduct Of Parties, Venue Is Considered Seat In Absence Of Other Indications: Delhi High Court
The Delhi High Court single bench of Justice Anup Jairam Bhambhani held that mere expression of "place of arbitration" does not automatically indicate the seat and the determination of the seat should be inferred from other clauses in the agreement and the conduct of the parties. The bench held that the seat was in Delhi as the contract clause specified that the venue for...
Party Agreeing To Constitute Arbitral Tribunal Forfeits Right To Oppose Appointment Based On Non-Fulfilment Of Pre-Arbitral Process: Delhi High Court
The Delhi High Court single bench of Justice Sachin Datta held that once a party has agreed to constituting an arbitral tribunal, it is precluded from subsequently opposing the appointment of an arbitrator based on the alleged non-fulfillment of pre-arbitral steps. Brief Facts: The matter pertained to a tender process initiated by the Respondents for the "Manufacturing and Supply...