Delhi High Court
Wife's Repeated Absence From Matrimonial Home, Subsequent Institution Of Multiple Complaints Amounts To Cruelty: Delhi High Court
The Delhi High Court has ruled that a wife's repeated absence from the matrimonial home and subsequent institution of multiple complaints against the husband and his family members amounts to cruelty. A division bench comprising Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar said that the persistent deprivation of conjugal companionship constitutes an extreme form of cruelty....
Delhi High Court Denies Bail To Afghan National Found Smuggling Over 900 Grams Of Heroin Capsules Inside Body
The Delhi High Court has denied bail to an Afghan national, caught smuggling 905 grams Heroin into India, inside his stomach.Justice Neena Bansal Krishna found that the recovery was made after keeping the accused in hospital for several days, waiting for him to excrete as many as 113 capsules. The bench thus observed,“Here is a case where the Applicant was trying to import into India 905...
'Lawyers Filing Plea Even Without Meeting Clients': Delhi High Court Flags Rise Of Fictitious Firms In GST Cases
The Delhi High Court has flagged the trend of lawyers filing GST cases on behalf of 'fictitious' firms, without even meeting the client, even for the purpose of attestation and notary.A division bench of Justices Prathiba M. Singh and Harish Vaidyanathan Shankar made the observation while dealing with a petition seeking review of the order cancelling Petitioner's GST registration...
Does Immunity U/S 14 Of South Asian University Act Bar Courts From Exercising Writ Jurisdiction Over It? Delhi HC To Examine
The Delhi High Court is set to examine the issue of whether the South Asian University (“SAU”), by virtue of section 14 of the SAU Act 2008, read with Section 3 and the schedule appended to the United Nations (Privileges and Immunities) Act, 1947 (“1947 Act”), is amenable to Writ jurisdiction of the High Court. The division bench of Chief Justice D.K. Upadhyaya and Justice Tushar...
Private Schools Bound By Obligations Under RPwD Act, Must Provide 'Reasonable Accommodation' To Disabled Students: Delhi High Court
The Delhi High Court on Tuesday observed that private schools must take adequate measures to overcome the learning disabilities of children and provide “reasonable accommodation” to them under Section 16 of the Rights of Persons with Disabilities (RPwD) Act, 2016. A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela said that “inclusive education” can...
Dispute Between Passenger & Airline Over Refund Of Flight Ticket Not 'Commercial Dispute': Delhi High Court
The Delhi High Court has held that an agreement containing a provision for providing mere services on payment of certain charges cannot, in every case, be termed to be an agreement, dispute in respect of which can be said to be a commercial dispute.“To constitute a dispute to be a commercial dispute arising out of an agreement which contains a provision of services, the agreement or...
High Time Adjudicators Discard 'Heavens Would Not Fall' Approach, Deferment Of Each Day Matters: Delhi High Court
The Delhi High Court has observed that it is high time the adjudicators shift paradigm and discard the “heavens would not fall” approach, underscoring that each day's deferment, unless unavoidable, matters.Justice Girish Kathpalia was dealing with a plea filed by Parsvnath Developers Limited, a Corporate Debtor, challenging an order passed by the National Company Law Tribunal (NCLT)...
Foreign Arbitral Awards To Be Enforced Under Indian Law, Interpretation Of 'Public Policy' U/S 48(2)(b) A&C Act Is Limited: Delhi HC
The Delhi High Court observed that to enforce a New York Convention Award, an application u/s 47 of the A&C Act, 1996 has to be filed. Thereafter, the onus shifts on the party opposing the enforcement to make out a ground enlisted in Section 48 of the A&C Act. The bench observed "The settled legal position with respect to foreign awards is that, except strictly in terms of...
Delhi High Court Closes Patanjali's Appeal In Dabur Chyawanprash Disparaging Ad Case, Asks It To Delete '40 Herbs' Reference
The Delhi High Court on Tuesday (September 23) disposed of Patanjali Ayurved's appeal against single judge's order restraining it from running advertisements allegedly disparaging to Dabur's Chyawanprash product, while directing Patanjali to remove reference to Chyawanprash "made with 40 herbs". For context, the single judge had in its July order allowed the interim applications filed by...
Gaurav Bhatia Moves Delhi High Court Against 'Derogatory' Social Media Posts Over Viral TV Debate Video, Interim Order Likely On Thursday
Senior Advocate and BJP leader Gaurav Bhatia moved the Delhi High Court on Tuesday seeking take down of allegedly defamatory social media posts over a video of his recent appearance on a TV debate, which went viral on social media.Justice Amit Bansal said that he will pass an order on Bhatia's application seeking interim relief on Thursday, after going through the impugned URLs of the...
One Rolex Watch Can Be For Personal Use, Not 'Commercial Quantity': Delhi High Court To Customs
The Delhi High Court has made it clear that one Rolex watch seized by the Customs Department from an air passenger cannot be called 'commercial quantity'.It thus cautioned the Department's Adjudicating Authority against “error” on its part, in declaring the same as commercial.“Clearly, this Court is of the view that one Rolex watch cannot be held to be a commercial quantity and there is...
Delhi High Court Quashes Assault FIRs; Asks Parties To Provide Chaach, Pizzas To Ashram Inmates
While quashing two FIRs alleging assault and misbehaviour between neighbours, the Delhi High Court has directed the parties to provide Amul Chaach and Mix Vegetable Pizzas to the inmates residing at an Ashram in city's Dilshad Garden. Justice Arun Monga said that the act shall be treated as community service to be jointly carried out by all the complainants and the accused persons. The...