No Sympathy Or Compassion For Employees Submitting Forged Documents To Employer: Delhi High Court

The Delhi High Court has said that employees who are guilty of submitting forged documents to their employer have to be dealt with in a strict manner. It said such persons are certainly unfit to be employed and no sympathy or compassion can be shown to such an employee. The bench of Justice Mini Pushkarna made the observation while upholding the termination order of a woman who was dismissed...

Govt Employee Should Not Be Denied Medical Reimbursement For Emergency Treatment Merely Due To Non-Empanelment Of Hospital: Delhi High Court

The Delhi High Court has ruled that the medical claim of a government employee for reimbursement of treatment undertaken in emergency should not be denied merely because the hospital was not empanelled with CGHS facility.A division bench of Justice V. Kameswar Rao and Justice Anoop Kumar Mendiratta observed that the test would be to see whether the claimant had actually undertaken the...

Family Courts Expected To Not Adopt Hyper-Technical Approach And Close Party’s Right To Cross Examination In Hurried Manner: Delhi High Court

The Delhi High Court has observed that the family courts are expected to not adopt a “hyper-technical approach” and close the right of cross examination of a party in a hurried manner while dealing with matrimonial cases.Justice Rekha Palli made the observation while setting aside an order passed by the family court rejecting a wife’s application for restoration of her right to...

BBC Documentary On PM Modi: Delhi High Court Issues Notice In Case Filed By Gujarat Based NGO

The Delhi High Court on Monday issued notice to British Broadcasting Corporation (BBC) in a plea seeking to sue it over its documentary on Prime Minister Narendra Modi for allegedly casting "a slur” on India’s reputation, including that of the judiciary and the Prime Minister.Justice Sachin Datta issued notice to BBC on the indigent person application filed by a Gujarat-based NGO, Justice...

Reasons For Bias Do Not Fall Under VII Schedule Of A&C Act , Petition Is Abuse Of Process Of Court : Delhi High Court

The Delhi High Court has held that an arbitrator can be removed under Section 14(1)(a) which provides for de jure ineligibility of arbitrator only if his appointment falls within the grounds mentioned under the VII Schedule. The bench of Justice Chandra Dhari Singh held that the mandate of the arbitrator on grounds of bias and prejudice cannot be terminated if the test of the...

Delhi High Court Weekly Round-Up: May 15 To May 21

Citations 2023 LiveLaw (Del) 401 to 2023 LiveLaw (Del) 424NOMINAL INDEXSYNTHES GMBH v. CONTROLLER GENERAL OF PATENTS, DESIGNS AND TRADEMARKS AND ANR 2023 LiveLaw (Del) 401MICROSOFT TECHNOLOGY LICENSING, LLC v. THE ASSISTANT CONTROLLER OF PATENTS AND DESIGNS 2023 LiveLaw (Del) 402Bennett, Coleman and Company Limited & Anr. vs. Planet Media Group & Ors. 2023 LiveLaw (Del) 403Durga P....

Robust Statutory Mechanism To Protect Investors: Delhi High Court Disposes PIL Over Delisting Securities Of ‘Vanishing’ Companies

The Delhi High Court has observed that there is a transparent legal mechanism in place to deal with the process of delisting of securities, including a remedy to an investor aggrieved by such delisting, under the Securities Contract (Regulations) Act, 1956. “Not only this, even in case of compulsory delisting, which is a disciplinary mechanism, an aggrieved investor may file an Appeal...

If Medical Or JEE Entrance Exam Can Be Held In Hindi, Why Not CLAT? Delhi High Court To Consortium Of NLUs

The Delhi High Court on Friday asked the Consortium of National Law Universities that if medical entrance exams and other competitive examinations like JEE can be held in Hindi, then why not Common Law Admission Test (CLAT) for admission to law schools, which is presently conducted only in English language.A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad...

Filing Piecemeal Chargesheet Defeats Right To Default Bail, Goes Against Article 21: Delhi High Court Grants Bail To Accused In Loan Fraud Case

Permitting the CBI to pick up one aspect of the investigation and file a piece-meal charge sheet to defeat the right of an accused to default bail, goes against the mandate of Article 21 of the Constitution, the Delhi High Court has ruled.The court was hearing a plea challenging the denial of default bail to an accused in a loan fraud case by the CBI Court in February this year.In 2020, the...

Delhi High Court Issues Guidelines For Drafting Mediation Settlement Agreements In Matrimonial Cases, Says Prepare In Hindi Also

The Delhi High Court has issued a slew of guidelines to be followed by the mediators while drafting settlement agreements in matrimonial cases and said that such agreements must also be published in Hindi language, in addition to English. Justice Swarana Kanta Sharma observed that the guidance needed by mediators to draft agreements with a degree of coherence, consistency, and unambiguity...

Arbitral Award Passed After Inordinate, Unexplained Delay Is Contrary To Justice and Public Policy : Delhi High Court

The Delhi High Court has ruled that an arbitral award passed after an inordinate, substantial and unexplained delay would be “contrary to justice and would defeat justice”. Consequently, the same would also be in conflict with the public policy of India. The bench of Justice Chandra Dhari Singh was hearing a petition filed under Section 34 of the Arbitration and...

Delhi High Court Dismisses Appeal Against Single Judge Order Refusing To Interfere With Demolition Of Kali Mata Temple

The Delhi High Court on Friday dismissed an appeal challenging a single judge order which refused to interfere with the demolition of 55-year-old Kali Mata Mandir at city’s Mayapuri Chowk to be carried out by the Public Works Department. A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad also refused to extend the time period for shifting idols and...