Delhi High Court
Educational Institutions Are Strong Pillars Of Democracy, Can't Be Machines Producing Individuals Chasing Marks Or Degrees: Delhi High Court
The Delhi High Court has recently observed that schools, universities and academic institutions are strong pillars of democracy as well as the entire country and are not meant to be machines producing individuals whose aim is only to chase marks, courses or degrees.Justice Swarana Kanta Sharma said that educational institutions are meant to be academic institutes of eminence that help...
Ex-Parte Interim Measures Appealable Under Section 37 Of Arbitration Act, Courts Must Allow Appeal In Exceptional Cases: Karnataka High Court
The Karnataka High Court division bench of Justice Anu Sivaraman and Justice Anant Ramanath Hegde has held that ex-parte interim measures granted under Section 9 are appealable under Section 37 of the Arbitration and Conciliation Act, 1986. The High Court held that the nature of ex-parte interim measures is similar to final orders since they conclusively deny the relief sought....
Courts Can't Undertake Independent Assessment Of Award In Appeal U/s 37 Of Arbitration Act: Delhi High Court
The Delhi High Court division bench of Justice Yashwant Varma and Justice Dharmesh Sharma reiterated that while entertaining an arbitration appeal under Section 37 of the Arbitration Act, the role of a court is limited to ascertaining whether the exercise of power under Section 34 has exceeded the scope of the provision. In such cases, the High Court held that courts cannot undertake...
Disputed Contract, Can't Be Challenged U/s 34 Of Arbitration Act Unless finding are Unreasonable: Delhi High Court
The Delhi High Court division bench of Justice Vibhu Bakhru and Justice Tara Vitasta Ganju held that the interpretation of a disputed contract falls within the arbitral tribunal's domain and is not subject to challenge under Section 34 of the Arbitration and Conciliation Act, 1996 unless the interpretation is unreasonable. Brief Facts: Noble Chartering Inc. (“Noble”), a...
Act of God Does Not Justify Retention Of Performance Bank Guarantee Without Suffering Legal Injury: Delhi High Court
The Delhi High Court bench of Justice Rajiv Shakdher and Justice Amit Bansal has held that a force majeure event specifically an Act of God beyond the control of the concerned party doesn't require retention of performance bank guarantee. The bench held that a party cannot retain monies recovered through encashment of Performance Bank Guarantee on account of liquidated damages...
Delhi High Court Orders Removal Of Social Media Posts Against UPSC Qualification Of Lok Sabha Speaker Om Birla's Daughter
The Delhi High Court on Tuesday ordered removal of social media posts against IRPS Officer and Lok Sabha Speaker Om Birla's daughter, Anjali Birla, alleging that she cleared UPSC exam in her first attempt by indulging in corrupt practices and misusing her father's position.Justice Navin Chawla passed the ad interim injunction order in Anjali Birla's favour in her defamation suit filed against...
Faizan's Death A 'Hate Crime', Delhi Police's Probe Has Been Sketchy: High Court In National Anthem Case
The Delhi High Court on Tuesday said that the Delhi Police's investigation into the death of 23 year-old Faizan, who was allegedly forced to sing national anthem during the 2020 North-East Delhi riots, has been tardy and sketchy. Justice Anup Jairam Bhambhani said that the investigation has been “conveniently sparing” of the persons suspected to be involved in “brutally...
Breaking- Delhi Riots: High Court Orders CBI Investigation Into Death Of Man Forced To Sing National Anthem
The Delhi High Court on Tuesday transferred to Central Bureau of Investigation (CBI) the investigation into the death of 23 year-old Faizan, who was allegedly forced to sing national anthem during the 2020 North-East Delhi riots.Justice Anup Jairam Bhambhani allowed the plea moved by Kismatun, Faizan's mother, seeking SIT investigation into her son's death. The plea was filed in 2020.“I...
Re-Examine CCS Rule Denying Maternity Leave To Female Govt Servant Having More Than Two Children: Delhi High Court To Authorities
The Delhi High Court has said that it expects the government authorities to re-examine the sustainability of Rule 43 of the CCS(Leave) Rules which denies maternity leave to a female government servant if she has more than two surviving children. “In order to achieve success in population control, the government may take any appropriate innovative steps in order to dissuade the citizens...
Concerning That Law Students Are Fighting In Such A Manner: HC Declines Anticipatory Bail To Delhi University Student Accused Of Assaulting Peers
While refusing anticipatory bail to a law student involved in a fight against other students, the Delhi High Court expressed its dismay at the incident and remarked “It is quite unfortunate that the complainant as well as the petitioner party who are law students have indulged in the fight. It is a matter of great concern that the students of law are fighting in such a...
Delhi High Court Closes PIL Seeking SIT Probe Into Airport Roof Collapses Due To Heavy Rainfall
The Delhi High Court on Monday closed a public interest litigation seeking SIT investigation into the roof collapse which happened last month at Delhi, Jabalpur and Rajkot airports, due to heavy rainfall. A division bench comprising of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela closed the PIL filed by Civil Safety Council of India which argued that the unfortunate incidents...
Delhi High Court Weekly Round-Up: July 15 To July 21, 2024
Citations 2024 LiveLaw (Del) 784 to 2024 LiveLaw (Del) 810NOMINAL INDEXReliance Communications Limited Vs Unique Identification Authority Of India 2024 LiveLaw (Del) 784 Deepak Sinha vs. Ministry Of Health And Family Welfare & Anr. 2024 LiveLaw (Del) 785 Bar Council of Delhi v. Govt. ofN.C.T. of Delhi & Ors. 2024 LiveLaw (Del) 786 Olive Traders Versus The Commissioner, CGST...