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...

Delhi's Shahdara Bar Association Supports PIL To Reserve 33% Seats For Women Lawyers In Lawyers' Bodies Elections

Delhi's Shahdara Bar Association has filed an affidavit before the Delhi High Court supporting a PIL seeking reservation of 33% seats for women lawyers in the elections of Bar Council of Delhi (BCD), Delhi High Court Bar Association (DHCBA) and All District Bar Associations in the national capital.The Executive Committee of the Shahdara Bar Association has said that it is in complete...

Delhi High Court Refuses To Stay Netflix Release Of 'Tribhuvan Mishra CA Topper' Show On ICAI's Plea

The Delhi High Court has recently refused to stay the release of “Tribhuvan Mishra CA Topper” show on OTT platform Netflix. In an order passed on July 16, Justice Navin Chawla saw trailer of the show and observed that it did not refer to the profession of Chartered Accountancy in any manner. “It is a series which appears to be more in the genre of comedy, and merely describes the...

Evolve Protocol To Scrutinize Pleadings Before Filing: Delhi High Court To MCD

The Delhi High Court has directed the Municipal Corporation of Delhi (MCD) to evolve a protocol to scrutinize the pleadings and averments before they are filed in courts and ensure that they align with the law of the land. A division bench comprising Justice Rajiv Shakdher and Justice Tara Vitasta Ganju directed the Deputy Commissioner (Law) of MCD with the assistance of the Chief Law Officer...

Revoking Suspension Of Customs Broker Licence Can't Restrict Dept. From Inquiring For Imposition Of Penalty: Delhi High Court

The Delhi High Court has held that the revoking suspension of license cannot restrict the customs department from inquiring for imposition of penalty.The bench of Justice Yashwant Varma and Justice Ravinder Dudeja has observed that the mere fact that the suspension of license had come to be revoked cannot possibly be viewed as restricting the respondents from proceeding further in accordance...

Misunderstanding Of Basic Contractual Framework Vitiates Arbitral Award: Delhi High Court

The Delhi High Court bench of Justice Sachin Datta has held that an award with misreading/misunderstanding of the basic contractual framework vitiates it at its root and makes it vulnerable to challenge under Section 34(2)(b)(ii) and 34(2A) of the Arbitration and Conciliation Act, 1996.Section 34(2)(b)(ii) provides a basis for challenging an arbitral award on the grounds of public policy....