Delhi High Court
Private Schools Bound By Obligations Under RPwD Act, Must Provide 'Reasonable Accommodation' To Disabled Students: Delhi High Court
The Delhi High Court on Tuesday observed that private schools must take adequate measures to overcome the learning disabilities of children and provide “reasonable accommodation” to them under Section 16 of the Rights of Persons with Disabilities (RPwD) Act, 2016. A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela said that “inclusive education” can...
Dispute Between Passenger & Airline Over Refund Of Flight Ticket Not 'Commercial Dispute': Delhi High Court
The Delhi High Court has held that an agreement containing a provision for providing mere services on payment of certain charges cannot, in every case, be termed to be an agreement, dispute in respect of which can be said to be a commercial dispute.“To constitute a dispute to be a commercial dispute arising out of an agreement which contains a provision of services, the agreement or...
High Time Adjudicators Discard 'Heavens Would Not Fall' Approach, Deferment Of Each Day Matters: Delhi High Court
The Delhi High Court has observed that it is high time the adjudicators shift paradigm and discard the “heavens would not fall” approach, underscoring that each day's deferment, unless unavoidable, matters.Justice Girish Kathpalia was dealing with a plea filed by Parsvnath Developers Limited, a Corporate Debtor, challenging an order passed by the National Company Law Tribunal (NCLT)...
Foreign Arbitral Awards To Be Enforced Under Indian Law, Interpretation Of 'Public Policy' U/S 48(2)(b) A&C Act Is Limited: Delhi HC
The Delhi High Court observed that to enforce a New York Convention Award, an application u/s 47 of the A&C Act, 1996 has to be filed. Thereafter, the onus shifts on the party opposing the enforcement to make out a ground enlisted in Section 48 of the A&C Act. The bench observed "The settled legal position with respect to foreign awards is that, except strictly in terms of...
Delhi High Court Closes Patanjali's Appeal In Dabur Chyawanprash Disparaging Ad Case, Asks It To Delete '40 Herbs' Reference
The Delhi High Court on Tuesday (September 23) disposed of Patanjali Ayurved's appeal against single judge's order restraining it from running advertisements allegedly disparaging to Dabur's Chyawanprash product, while directing Patanjali to remove reference to Chyawanprash "made with 40 herbs". For context, the single judge had in its July order allowed the interim applications filed by...
Gaurav Bhatia Moves Delhi High Court Against 'Derogatory' Social Media Posts Over Viral TV Debate Video, Interim Order Likely On Thursday
Senior Advocate and BJP leader Gaurav Bhatia moved the Delhi High Court on Tuesday seeking take down of allegedly defamatory social media posts over a video of his recent appearance on a TV debate, which went viral on social media.Justice Amit Bansal said that he will pass an order on Bhatia's application seeking interim relief on Thursday, after going through the impugned URLs of the...
One Rolex Watch Can Be For Personal Use, Not 'Commercial Quantity': Delhi High Court To Customs
The Delhi High Court has made it clear that one Rolex watch seized by the Customs Department from an air passenger cannot be called 'commercial quantity'.It thus cautioned the Department's Adjudicating Authority against “error” on its part, in declaring the same as commercial.“Clearly, this Court is of the view that one Rolex watch cannot be held to be a commercial quantity and there is...
Delhi High Court Quashes Assault FIRs; Asks Parties To Provide Chaach, Pizzas To Ashram Inmates
While quashing two FIRs alleging assault and misbehaviour between neighbours, the Delhi High Court has directed the parties to provide Amul Chaach and Mix Vegetable Pizzas to the inmates residing at an Ashram in city's Dilshad Garden. Justice Arun Monga said that the act shall be treated as community service to be jointly carried out by all the complainants and the accused persons. The...
Delhi Riots: High Court Rejects Devangana Kalita's Plea To Reconstruct Case Diaries, Allows Their Preservation
The Delhi High Court yesterday rejected a plea filed by Devangana Kalita seeking reconstruction of case diaries in relation to a 2020 Delhi riots case, while allowing preservation of the same.Justice Ravinder Dudeja said that the case diary is not the evidence but its absence may affect the fairness of trial and thus, directions may be given to preserve it.“The power of giving such...
CCTV Footage Of Assessee's Family Cannot Be Used By GST Dept, Violates Right To Privacy: Delhi High Court
The Delhi High Court has issued directions safeguarding the right to privacy in GST search proceedings, stating that any family-related CCTV footage which violates the privacy of family members cannot be used or disseminated in any manner. “Some of the concerns which are raised by the Petitioners such as right to privacy of the family being violated, etc., deserve to be...
Commercial Unit Buyers Not Barred From Seeking Arbitration Relief After Availing Remedies Under RERA: Delhi High Court
The Delhi High Court bench of Justice Pratibha M. Singh and Justice Shail Jain has held that Buyers of commercial units are not prohibited from seeking arbitration relief subsequent to availing remedies under RERA, provided that the arbitration petitions were filed after a change in circumstances. Background The Appellants had entered into a Memorandum of Understanding (MoU) with...
Delhi High Court To Hear On Thursday Pleas By Newslaundry, Ravish Kumar Challenging Centre's Order To Remove Content Against Adani Group
The Delhi High Court on Monday (September 22) adjourned to Thursday (September 25) pleas by digital news platform Newslaundry and journalist Ravish Kumar challenging Centre's direction asking digital news publishers to take down multiple reports and videos concerning the Adani Group of Companies. Senior advocate Saurabh Kirpal appearing for one of the petitioners submitted before Justice...