NewsClick UAPA Case: Delhi High Court Orders Release Of Approver Amit Chakraborty

The Delhi High Court on Monday ordered release of NewsClick Human Resources head Amit Chakraborty seeking bail after turning approver in the UAPA case registered following allegations of the portal receiving money for pro-China propaganda.Justice Swarana Kanta Sharma passed the order allowing Chakraborty's plea seeking his release in the case.”Therefore, having considered the facts...

Departmental Enquiry Cannot Be Dispensed With Based On Presumption That Accused Police Personnel Would Threaten Witnesses: Delhi High Court

A division bench of the Delhi High Court comprising of Justice Rekha Palli and Justice Saurabh Banerjee while deciding a Writ Petition in the case of Commissioner of Police & Ors vs Sant Ram has held that enquiry cannot be dispensed with only on the basis of a perceived notion that the accused being a police personnel would threaten the witnesses and holding of an enquiry would...

Delhi High Court Issues Notice On Plea To Reconstitute Waqf Tribunal

The Delhi High Court on Monday issued notice on a plea seeking a direction on the Delhi Government to immediately issue a notification for re-constitution of the Waqf Tribunal in the national capital.Justice Subramonium Prasad sought response of the Delhi Government on the plea moved by Masjid and Dargah Shah Abdul Salam, a duly Notified Waqf, through its Mutawalli, Mohammad Mohiuddin.The...

Bomb Scare In Schools: High Court Seeks Response Of Delhi Govt, Police On Nodal Officers And Mock Drills

The Delhi High Court on Monday sought response of the Delhi Government and Delhi Police on the nodal officers responsible for taking action in case they receive bomb threats at schools and the number of mock drills conducted in schools to ensure evacuation of children without panic. Justice Subramonium Prasad also asked the authorities to indicate the number of schools in each zone and the...

S.138 NI Act | Indian Courts Have Jurisdiction On "Foreign Cheques" Deposited For Encashment Here: Delhi High Court

The Delhi High Court has made it clear that where a "foreign cheque" is deposited for encashment in India, the Court within whose jurisdiction it is so deposited shall have the jurisdiction to adjudicate on the complaint for its dishonour under Section 138 of the Negotiable Instruments Act, 1881 (NI Act).Justice Navin Chawla presiding over the case, observed,“It is also to be kept in mind...

Furlough Is Benevolent Provision, Will Lose Purpose If It Is Bound By Mechanical Interpretations Of Prison Rules: Delhi High Court

The Delhi High Court has observed that if the provision of furlough is bound by rigid and mechanical interpretations of the Prison Rules, it will lose its true purpose and shine.Justice Swarana Kanta Sharma said that a “benevolent provision” designed for the welfare of prisoners will diminish in the shadow of rigid interpretations by competent authorities.“The Courts must be...

When Termination Is Found To Be Illegal, Reinstatement With Full Back Wages Shall Not Be Awarded Mechanically: Delhi High Court Reiterates

A single bench of the Delhi High Court comprising of Justice Chandra Dhari Singh while deciding a Writ Petition in the case of AIIMS vs Ashok Kumar has held that when the termination is found to be illegal, grant of reinstatement with full back wages has to be provided as per the facts and circumstances of each case and shall not be awarded mechanically. Background Facts Ashok...

Cost Of Air Conditioning Services Provided In Schools Have To Be Borne By Parents: Delhi High Court

The Delhi High Court has observed that the cost of air conditioning services provided to children in schools have to be borne by the parents.A division bench comprising of Acting Chief Justice Manmohan and Justice Manmeet PS Arora said that the air conditioning facility is no different from other charges such as lab and smart class fee levied by the schools.The court rejected a PIL seeking...

Delhi High Court Weekly Round-Up: April 29 To May 05, 2024

Citations 2024 LiveLaw (Del) 507 to 2024 LiveLaw (Del) 545NOMINAL INDEXMukesh Kumar Singh Versus Commissioner Of Delhi GST 2024 LiveLaw (Del) 507M/s Oasis Projects Ltd v. National Highway & Infrastructure Development Corporation Ltd 2024 LiveLaw (Del) 508Larsen & Turbo Ltd v. IREO Victory Valley Pvt Ltd 2024 LiveLaw (Del) 509ASHOK KUMAR SINGH AND ORS v. UNION OF INDIA AND ANR 2024...

Predominant Function Of Undertakings Performing Several Functions Must Be Considered For Determination Of Status As 'Industry' Under ID Act: Delhi High Court

The Delhi High Court single bench of Justice Chandra Dhari Singh reiterated the established principles to determine the status of an undertaking as an 'industry' under the Industrial Disputes Act, of 1947. The bench held that when an undertaking performs multiple functions, its predominant function has to be considered for the determination of its status. It was further observed...

Transfer, Being An Exigency Of Service, Is Neither A Matter Of Right Nor Choice: Delhi High Court

A Division bench of the Delhi High Court comprising of Justice V. Kameswar Rao and Justice Saurabh Banerjee while deciding a Writ Petition in the case of Pawan Kumar Mathuri. vs UOI & Ors. has held that transfer, being an exigency of service, is neither a matter of right nor a matter of choice Background Facts Pawan Kumar Mathuri (Petitioner) joined Central Industrial Security...

Burden Of Proof In Establishing Employer-Employee Relationship Rests With Party Claiming It, Delhi High Court Dismisses Writ Petition Filed By Workmen

The Delhi High Court single bench of Justice Chandra Dhari Singh held that the onus of proof in establishing an employer-employee relationship rests with the party making such a claim. The High Court dismissed a writ petition filed by certain Workmen hired on a contractual basis, who failed to establish a direct relationship with the Association they were working for. Brief...