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...

Delhi High Court To Hear Tomorrow Pleas Challenging Suspension Of 7 BJP MLAs From Delhi Assembly Budget Session

The Delhi High Court has adjourned till tomorrow (February 20), hearing in the petitions filed by 7 BJP MLAs challenging their suspension from the remainder of the Budget session of the Delhi Assembly, for allegedly interrupting the Lieutenant Governor's address.Justice Prasad will hear arguments on interim relief tomorrow. "The only question is, what has been the consistent view of this...

Arbitration Clause Is Not Void U/S 29 Of Contact Act, For Stipulating Multiple Choices Of Seats; Delhi High Court Allows Section 11 Petition

The Delhi High Court single bench of Justice Jasmeet Singh held that if an arbitration agreement stipulates multiple seats of arbitration, thereby, offering a choice to the parties is not void under Section 29 of the Indian Contract Act, 1872 declares agreements uncertain in meaning or incapable of being made certain as void. Brief Facts: The matter pertained to a Purchase...

Delhi High Court Comes To Aid Of Visually Impaired Assistant Professor Of Delhi University Asked To Vacate Hostel Accommodation

The Delhi High Court intervened on Tuesday in a matter concerning a visually impaired Assistant Professor at Delhi University, who has been asked to vacate her allotted hostel accommodation.Sharmishthaa Atreja, the petitioner, who is visually impaired, and works as an Assistant Professor in the Department of Philosophy, Faculty of Arts, University of Delhi approached the court seeking to quash...

Can't Invoke Writ Jurisdiction To Challenge Award Under MSME Act, Without Availing Remedy U/S 34 Of A&C Act; Delhi High Court

The Delhi High Court division bench of the Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora held that a party cannot file a writ petition under Article 226/227 challenging the arbitration award under Micro, Small, and Medium Enterprises Development Act, 2006 without taking recourse to a statutory remedy for challenging an award under Section 34 of the...

Period Spent In Disposal Of Appeal Before CESTAT Shall Not Be Counted Towards Period Stipulated Under Section 28 (9) Of Customs Act: Delhi High Court

The Delhi High Court has held that the period spent in the disposal of the appeal before the CESTAT, i.e., between the filing and the final order being passed, shall not be counted towards the period stipulated under Section 28 (9) of the Customs Act.The bench of Justice Sanjeev Sachdeva and Justice Ravinder Dudeja has observed that the Tribunal has already heard the appeal of the petitioner...