Delhi High Court
'Disturbing': Delhi High Court On Untreated Factory Waste Flowing Into Yamuna River, Asks DPCC About Corrective Measures
The Delhi High Court on Thursday (September 11) directed the Delhi Pollution Control Committee to present a complete chart of all industrial areas and what steps it is taking on regular basis for monitoring treatment of waste discharged by the industries and factories in the city. The court further directed the body to appear in the matter on the next date and make submissions on report of...
Arbitration Clause In Loan Agreement Becomes Incorporated In Deeds Of Guarantee When Both Form Part Of Single Transaction: Delhi HC
The Delhi High Court Bench of Justice Jasmeet Singh has observed that contemporaneously executed Loan Agreement and Deeds of Guarantee, where the intent of the parties to incorporate the Loan Agreement into the Deeds of Guarantee is clear, the Guarantor although a non-signatory to the Loan Agreement, becomes bound by the arbitration clause in the Loan...
Delhi High Court Protects Personality Rights Of Aishwarya Rai Bachchan, Says Unauthorised Exploitation Violates Right To Privacy
The Delhi High Court has protected the personality rights of bollywood actress Aishwarya Rai Bachchan, observing that unauthorized exploitation of personal attributes of an individual violates right to privacy and undermines the right to live with dignity.Justice Tejas Karia restrained various entities from misusing the personal attributes of the actress like her name and images by...
'Procedure Is Handmaiden Of Justice But It Can't Be Defeated In The Name Of Substantive Rights': Delhi High Court
The Delhi High Court on Wednesday (September 10) observed that while procedure is handmaiden of justice and technicalities must not be allowed to infringe upon substantive rights of parties however, the procedural requirements cannot be “trashed” in the name of substantive rights.“Even the substantive rights have to be claimed and granted following procedure prescribed by law…The...
Students Suicide Becoming More Frequent, Functional Anti-Ragging Helpline Utmost Necessity: Delhi High Court
Observing that students suicide are becoming more frequent, the Delhi High Court has emphasised that a proper, functional and effective Anti-Ragging Helpline is an immediate and utmost necessity.A division bench comprising Chief Justice DK Upadhyaya and Justice Anish Dayal said that the process can brook no delay “lest we lose more young lives to this scourge.”“The Court has...
Employees' Contributions Must Be Paid By Due Date Under ESI/EPF Act, Not Income Tax Act: Delhi High Court
The Delhi High Court has held that an employer can claim deduction of employees' contributions towards Provident Fund or Employer's State Insurance Fund, held by it in trust, only if it deposits these amounts on or before the statutory due date prescribed under the relevant labour law.Section 36(1)(va) of the Income Tax Act, 196 pertains to employees' contribution. It stipulates that...
Delhi High Court Grants Maintenance To Wife Earning Over ₹1 Lakh Per Month, Cites 'Stark Financial Disparity' With Husband's Income
The Delhi High Court has made it clear that a wife cannot be denied maintenance under Section 24 of the Hindu Marriage Act, 1955 merely because she is highly qualified and employed.A division bench of Justices Navin Chawla and Renu Bhatngar observed that the provision aims to ensure parity in lifestyle of the spouses, so that the financially weaker spouse is not prejudiced by the...
DUSU Elections: Delhi High Court Cautions Against Defacement Of Properties, Illegal Plying Of Vehicles
Observing that there is prima facie violation of anti-defacement guidelines and other norms in the upcoming Delhi University Students' Union (DUSU) elections, the Delhi High Court on Wednesday said that the polls must take place in an orderly manner, without defacement of properties or illegal plying of vehicles. A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao...
Delhi High Court Seeks Centre, UPSC's Stand On Plea To Reserve 1% Seats In Combined Medical Services Exam For Visually Impaired Candidates
The Delhi High Court on Wednesday issued notice on a plea seeking reservation of 1% seats for blind and low vision candidates in the Combined Medical Services Examination (CMSE) as per the mandate of section 34(1)(a) of the Rights of Persons with Disabilities Act, 2016.A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela sought response of Union Public...
'Will Pass Orders': Delhi High Court In Abhishek Bachchan's Plea Seeking Protection Of Personality Rights
The Delhi High Court on Wednesday (September 10) orally indicated that it will pass an order on actor Abhishek Bachchan's lawsuit seeking protection of personality and publicity rights. Justice Tejas Karia said this after Bachchan's counsel submitted a note in the post-lunch session with respect to defendant entities against whom he was seeking relief. Notably on Tuesday, the court had...
Absence Of Word 'Seat' Does Not Oust Court's Jurisdiction Conferred By Arbitration Agreement: Delhi High Court
The Delhi High Court bench of Justice Jasmeet Singh has held that absence of the word 'seat' does not strip the court of its exclusive jurisdiction to decide disputes arising out of an arbitration agreement. This is a petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (“1996 Act”) seeking appointment of an Arbitrator for adjudication of disputes...
'Prima Facie Compromises Concept Of Fair Trial': Delhi High Court On LG Notification Allowing Cops To Depose From Police Stations
“Prima facie compromises the concept of fair trial,” the Delhi High Court on Wednesday said on the notification issued by the Lieutenant Governor on August 13 designating all police stations in the national capital as places for police personnel to present evidence and depose before courts through video conferencing.A division bench comprising Chief Justice DK Upadhyaya and Justice...