Five Reasons Why Delhi High Court Held Restaurants Cannot Levy Mandatory Service Charge On Food Bills

In an important judgment, the Delhi High Court on Friday ruled that service charge or tip is a voluntary payment by the customer and cannot be charged compulsorily by restaurants or hotels on food bills.Justice Prathiba M Singh thus upheld the guidelines issued by Central Consumer Protection Authority (CCPA) in 2022 prohibiting hotels and restaurants from levying service charges “automatically or by default” on food bills.The Court dismissed two petitions filed by Federation of...

High Court Grants Interim Bail To Delhi Riots Accused To Arrange Funds For Daughter's Academic Fee

The Delhi High Court on Friday granted interim bail to Mohd. Salim Khan, accused in the UAPA case alleging a larger conspiracy in the 2020 North-East Delhi riots. A division bench comprising Justice Navin Chawla and Justice Shalinder Kaur ordered Khan's release on interim bail for 10 days in order to permit him to arrange funds for payment of academic fees of his daughter who is pursuing law from Jamia Hamdard University. Khan's counsel told Court that he has previously been granted interim bail...

Centre Notifies Repatriation Of Justice CD Singh From Delhi HC To Allahabad HC

The Centre cleared the Supreme Court Collegium recommendation to transfer Delhi High Court judge Justice Chandra Dhari Singh to Allahabad High Court.A notification in this regard was issued by the Ministry of Law and Justice on Friday.The Collegium headed by Chief Justice of India Sanjiv Khanna and also comprising Justices BR Gavai and Surya Kant in November 2024 had recommended Justice Singh's repatriation.Justice Singh was appointed as Additional Judge on September 22, 2017 and took oath as...

Centre Approves Transfer Of Justice Yashwant Varma To Allahabad High Court Amidst In-House Inquiry Over Cash Row

The Central Government today (March 28) notified the repatriation of Justice Yashwant Varma from Delhi to the Allahabad High Court based on the Supreme Court Collegium's recommendations on March 24. Justice Varma is facing an in-house inquiry by a 3-judge panel constituted by the Chief Justice of India over the allegations regarding the discovery of illicit cash currencies at his official premises. It is significant to note that the transfer order has come despite the protests of...

Order Restraining Revenue From Taking Coercive Steps For Recovery Of Demand Can Interdict Adjustment Of Refunds: Delhi HC

The Delhi High Court has held that when an appellate authority has asked the Income Tax Department to not take any coercive steps against an assessee for recovery of outstanding demands, the same can in some cases interdict the Department from adjusting the outstanding amount from refunds due to the assessee.A division bench of Justices Vibhu Bakhru and Tejas Karia took note of a Punjab and Haryana High Court judgment which held that an adjustment would amount to 'coercive...

Delhi HC Asks MP Engineer Rashid To Deposit 50% Amount Demanded By Jail Authorities For Parliament Visit, ₹4 Lakh To Be Paid Within 3 Days

The Delhi High Court on Friday (March 28) ordered jailed Jammu and Kashmir MP Engineer Rashid to deposit ₹4 lakh (approx) with the jail authorities, so as to attend the second part of the Parliamentary session which ends on April 04.The figure is 50% of the total amount demanded by the jail authorities (₹8.74 lakhs) to enable his Parliament visit 'in-custody', which was ordered by the High Court on March 25.A division bench comprising Justice Chandra Dhari Singh and Justice Anup Jairam Bhambhani...

Force Majeure Clause 'Eclipses' Contractual Terms, Existence And Duration Of Force Majeure Event To Be Determined By Arbitral Tribunal: Delhi HC

The Delhi High Court Bench of Justice Dinesh Kumar Sharma has held that while deciding a petition under Section 34 of the Arbitration & Conciliation Act, 1996, courts cannot adopt the approach of one-size-fit-for-all. Courts can interfere into the award only if it shocks the conscience of the court and is prone to adversely affect the administration of justice. The court held that a force majeure clause' in a contract is generally an exception or an eclipse provision, meaning...

Delhi High Court Sets Aside Centre's Order Cancelling Academic Ashok Swain's OCI Card

The Delhi High Court on Friday (March 28) set aside an order issued by the Central Government cancelling the OCI card of academic and writer Ashok Swain.However, the high court has granted liberty to the Central Government to issue fresh show cause notice to Swain.Justice Sachin Datta pronounced the verdict after reserving the order in January. A detailed copy of the judgment is awaited.The plea contended that Swain cannot be witch-hunted for his views on current government or its...

Service Charge Is Voluntary Payment By Consumers, Can't Be Made Mandatory On Food Bills: Delhi High Court

The Delhi High Court on Friday held that service charge and tips are voluntary payments by consumers and cannot be made compulsory or mandatory on food bills by restaurants or hotels.Justice Prathiba M Singh thus rejected two petitions filed by Federation of Hotels and Restaurant Associations of India (FHRAI) and National Restaurant Association of India (NRAI), challenging CCPA guidelines of 2022 prohibiting hotels and restaurants from levying service charges “automatically or by default” on...

'What Is Your Explanation Of Not Giving Public Apology?': Delhi High Court Asks Saket Gokhale In Defamation Case By Lakshmi Puri

The Delhi High Court on Friday asked Trinamool Congress MP Saket Gokhale as to what was his explanation of not issuing a public apology, as directed by the Court in the defamation suit filed against him by Lakshmi Puri, former Indian Assistant Secretary-General to the United Nations. Justice Manmeet Pritam Singh Arora asked Gokhale's counsel that since there was no stay of the judicial direction, why has the apology not been published yet. “Once there is no stay [of the ruling], what is your...

S.110 Customs Act | SCN Cannot Be Issued After One Year, Detention Of Goods Impermissible: Delhi High Court

The Delhi High Court has held that detention of goods by the Customs Department cannot continue beyond a period of one year, if a show cause notice was not issued to the assessee within such period.A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta cited Section 110 of the Customs Act, 1962 which prescribes a period of six months. Further, subject to complying with certain formalities, a further extension for a period of six months for the Department to issue a show cause...

Recovery Of Excess Amount Can't Be Permitted If Officer Is Not At Fault: Delhi High Court

A Division Bench of the Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur observed that if an Officer was granted training allowance for the period he was not working as an Instructor, recovery for an excess amount at a later stage could not be permitted as it was undeniably not his fault. The Bench held that any amount recovered from the Petitioner should be refunded to him within a period of eight weeks. Background The Petitioner was recruited to the post of...