Incorrect To Deny MD Seat To Candidate Solely Due To Administrative Fault: Delhi High Court To AIIMS

The Delhi High Court observed that denying a MD seat (Doctor of Medicine) to a candidate solely due to administrative fault and inefficiency would be unjust and against the principle of merit-based selection. The Court asserted that filling available vacancies is in the best interests of public health and institutional efficiency.Justice Swarana Kanta Sharma was considering the petitioner's...

Parties Must Avoid Unnecessary Adjournments In Bail, Suspension Of Sentence Cases: Delhi High Court Issues Circular

The Delhi High Court today issued a circular requesting the counsels for the petitioners and prosecuting agencies to avoid unnecessary pass-overs or adjournments in matters concerning bail, interim bail, parole, suspension of sentence, furlough and their cancellation. “In all matters viz. Interim Bail, Bail, Suspension of sentence, Parole, Furlough and cancellation thereof, learned...

Delhi High Court Orders Accused To Do Community Service At Gurudwara, Says Offence Of Outraging Woman's Modesty Can't Be Compromised

While quashing a 2014 case against two men for allegedly assaulting and outraging modesty of a woman after settlement between them, the Delhi High Court has directed them to do community service of one month in the city's Gurudwara Rakab Ganj Sahib. Justice Subramonium Prasad also imposed Rs. 25,000 costs each on the accused persons so that they do not repeat the offence in future. The costs...

Delhi HC Permits Arvind Kejriwal Two Additional Meetings With Lawyers, Says 'Special Situations Call For Special Remedies'

Observing that special situations call for special remedies, the Delhi High Court has allowed the plea moved by Chief Minister Arvind Kejriwal, who is in judicial custody in the alleged liquor policy scam, for granting two additional meetings with his lawyers through virtual conferencing in a week. “…it is held that in recognition of fundamental right of fair trial and effective...

Schools Play Vital Role In Education, Must Ensure Examinee's Documentation Is Completed Within Time: Delhi HC Provides Relief To Class 10, 12 Students

The Delhi High Court recently directed the Central Board of Secondary Education (CBSE) to open its online portal to accommodate 45 class 10th and 12th students studying in a Delhi school to appear in their improvement and compartmental exams.Observing that the petitioner school had been “very negligent” in the present case, a single judge bench of Justice Swarana Kanta Sharma said that...

Burden To Prove Administrative Urgency In Cases Relating To Transfer Of Disabled Employee Lies On Employer: Delhi High Court

In a case relating to the transfer of a disabled employee, the Delhi High Court has observed that the provisions of the Rights of Persons with Disabilities Act, 2016 take precedence over any employment and contractual arrangements. The Court stated that disabled employees cannot be transferred unless there is an administrative urgency, with the burden of proving such urgency resting on...

Services Provided Outside To Indian Customers In Connection With Right To Use Of Process Can't Be Taxed : Delhi High Court

The Delhi High Court has held that the receipts from Indian customers for services provided outside' Indian Territory in connection with use or right to use of process or equipment by the assessee company cannot be taxed as royalty.The bench of Justice Yashwant Varma and Justice Purushaindra Kumar Kaurav, while dismissing the department's appeal, held that a person who is provided...

Ensure Fencing After Removal Of Encroachments Around Yamuna Floodplains: Delhi High Court To DDA Vice Chairman

The Delhi High Court on Thursday directed the Vice Chairman of Delhi Development Authority (DDA) to ensure that there is fencing around the Yamuna River floodplains area as and when unauthorised constructions and encroachments are removed to avoid similar incidents in future. A division bench comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela was dealing with a PIL filed...

Delhi HC Refuses To Halt Streaming Of 'To Kill A Tiger' Netflix Documentary In PIL Over 'Disclosure' Of Minor Rape Survivor's Identity

The Delhi High Court on Thursday refused to stop the streaming of Netflix documentary “To Kill a Tiger" based on the gang-rape of a 13 year old minor victim in a village in Jharkhand. The documentary was released in Canada in 2022. It was released in India on March 10. A division bench comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela refused to pass at this stage...

Decide Plea For Payment Of Minimum Stipend To Junior Lawyers Within Six Weeks: Delhi High Court To BCI

The Delhi High Court on Thursday directed the Bar Council of India (BCI) to decide within six weeks a representation regarding payment of minimum stipend to junior lawyers hired by advocates and senior advocates.A division bench comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela disposed of a PIL filed by lawyer Simran Kumari who wrote a representation to the BCI on...

Citing Inability Of Authorities To Prevent Cattle Feeding On Garbage, Delhi HC Orders Shifting Of Dairies Located Near Landfill Site

The Delhi High Court has recently ordered the shifting of the Bhalaswa dairy colony–located near a landfill site, to the Gogha dairy colony within four weeks, after taking note of the “inability of statutory authorities” to prevent cattle from feeding on garbage in the area.A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora in its July 19 order...

Non-Signatories Can Be Included In Arbitration Beyond Group Company Ties: Delhi High Court

The Delhi High Court bench of Justice C. Hari Shankar has held the inclusion of a non-signatory in arbitral proceedings is not solely dependent on the non-signatory being part of the same group of companies as the signatory.The bench further clarified that a non-signatory can be included in arbitration if there is a contractual relationship that makes the non-signatory partially or...