Delhi High Court
DSLSA Panel Counsel Not An 'Employee' But A 'Professional', Not Entitled To Maternity Benefits: Delhi High Court
The Delhi High Court on Tuesday held that the appointment of candidates with Delhi State Legal Services Authority (DSLSA) as a panel lawyer is only professional and not as an employee, and they are not entitled to benefits under the Maternity Benefit Act, 1961.A division bench comprising Justice V Kameswar Rao and Justice Saurabh Banerjee set aside a single-judge order granting maternity...
Over 2 Lakh Students Without Bank Accounts Promoted To New Class Without Books, Uniforms: Delhi High Court Expresses Displeasure With MCD
The Commissioner of Municipal Corporation of Delhi (MCD) on Tuesday informed the Delhi High Court that over 2 lakhs students studying in the school administered by the civic body do not have bank accounts and are neither been distributed notebooks nor receiving cash reimbursement for uniforms, school bags and stationary.A division bench comprising Acting Chief Justice Manmohan and Justice...
Delhi High Court Issues Notice On Jharkhand Mukti Morcha's Plea Against Lokpal Order To Probe Party's Properties
The Delhi High Court on Tuesday issued notice on a plea moved by Jharkhand Mukti Morcha against an order passed by the Lokpal of India directing the Central Bureau of Investigation (CBI) to investigate two properties which are under the party's name. Justice Subramonium Prasad ordered that no further steps be taken by the Lokpal of India in the matter till May 10, the next date of hearing....
Delhi Riots: High Court Denies Bail To Salim Malik, Says Violence Openly Discussed In Meetings Which Is Not Acceptable In Any Democratic Nation
The Delhi High Court yesterday denied bail to Salim Malik alias Munna in the case registered under Unlawful Activities (Prevention) Act, 1967, alleging a larger conspiracy in the 2020 North-East Delhi riots.A division bench comprising Justice Suresh Kumar Kait and Justice Manoj Jain observed that there was enough material on record which clearly indicated that Malik was a co-conspirator...
National Council For Teacher Education Is 'State' Under Article 19(6), Its Executive Decision Constitutes 'Law': Delhi High Court
The Delhi High Court has ruled that the National Council for Teacher Education (NCTE) is a “State” for the purposes of Article 19(6) of the Constitution of India.Justice C Hari Shankar held that an executive decision taken by the NCTE would also, therefore, constitute “law” for the purposes of Article 19(6).Article 19(6) empowers the State from making any law imposing, in the interests...
Court Has To Necessarily Extend Mandate Of The Arbitrator If No Ground For Its Substitution Is Made Out, No Need For A Separate Section 29A Application: Delhi High Court
The High Court of Delhi has held that a Court exercising powers under Sections 14 & 15 of the A&C Act can extend the mandate of the arbitrator if no ground for its substitution is made out in the application. The bench of Justice Neena Bansal Krishna held that once the Court is satisfied that there is no ground for substitution of the arbitrator, the Court can extend...
Delhi High Court Weekly Round-Up: April 15 To April 21, 2024
Citations 2024 LiveLaw (Del) 451 to 2024 LiveLaw (Del) 472NOMINAL INDEXPRAGATI SHRIVASTAVA v. THE SECRETARY, CENTRAL BOARD OF SECONDARY EDUCATION AND ANR 2024 LiveLaw (Del) 451Rajiv Channa Vs Union Of India 2024 LiveLaw (Del) 452Cobra Instalaciones Y Servicios v. Haryana Vidyut Prasaran Nigal Ltd 2024 LiveLaw (Del) 453Lease Plan India Pvt Ltd v. Rudrakash Pharma Distributor 2024 LiveLaw...
Arbitrator Failed To Deal With Material Contentions, Arbitral Award Would Not Satisfy The Requirement Of A Reasoned Award: Delhi High Court
The High Court of Delhi has held that when the arbitral tribunal fails to deal with submissions of a party on a contentious issue, the resultant award would not fulfil the requirements of a reasoned award as required under Section 31 of the A&C Act. It held that the tribunal cannot simply accept unquantified claims without assigning reasons and without dealing with the objections...
Ensure PG Seats Allotment In St Stephen's College Is Not Disproportionate: High Court To Delhi University
The Delhi High Court on Monday directed the Delhi University (DU) to ensure that henceforth, the allocation or allotment of PG seats in St Stephen's College is not disproportionate. Justice C Hari Shankar said that while ensuring the allocation, DU may consider the infrastructure available with the concerned College and the number of UG students in that course of study admitted....
Mandate Of The Arbitrator Cannot Be Terminated When The Delay Was Not Attributable To Arbitrator: Delhi High Court
The bench of Justice Neena Bansal Krishna of Delhi High Court has held that mandate of the arbitrator cannot be terminated when the delay in proceedings was on account of pendency of appeal against the decision of the arbitral tribunal. The Court held that time consumed in the appeal and the consequent SLP and clarificatory applications cannot be attributed to the arbitral tribunal...
Arbitrator Appointment Cannot Be Called Unilateral When Respondent Consented To Appointment From Panel Of 5 Names: Delhi High Court
The High Court of Delhi has held that the appointment of the arbitrator cannot be called unilateral when the tribunal was constituted pursuant to the consent by the respondent to the appointment from a panel of 5 names. The Bench of Justice Prathiba M.Singh held that appointment of arbitrator from a panel of 5 names consisting of retired govt. officials would be valid in terms of...
While Court's Jurisdiction Is Limited At The Time Of Making A Reference, It Is Not Expected To Mechanically Refer Dispute To Arbitration: Delhi High Court
The Delhi High Court single bench of Justice Dinesh Kumar Sharma has held that while the court's jurisdiction is limited at the time of making a reference, it is not expected to mechanically refer the dispute to arbitration. The Court also held that once a party has chosen to file a civil suit to get the disputes resolved, it cannot be permitted to invoke arbitration when the suit...