Delhi High Court
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 Kumar (Workman) was appointed as a daily wage worker in the laundry department of AIIMS 1989. In 1995, the...
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 a direction on the Delhi Government's Directorate of Education to ensure that Maharaja Agrasain Public...
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 LiveLaw (Del) 510Anand S Jondhale v. Shri Rajiv Kumar Chief Election Commissioner of India & 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...
Candidate In Final Selection List Does Not Have An Indefeasible Right To Appointment : Delhi High Court Reiterates
A single judge bench of the Delhi High Court comprising of Justice Tushar Rao Gedela while deciding a Writ Petition in the case of Dr. Shashi Bhushan Vs. University of Delhi has held that a candidate even in the final selection list does not have an indefeasible right to appointment. Background Facts Dr. Shashi Bhushan (Petitioner) participated in the recruitment process for the post...
Delhi High Court Denies Parole To Convicted Terrorist Feroz Ahmed Bhatt Citing Security Concerns, Permits One-Time VC With Parents
The Delhi High Court has declined parole to Feroz Ahmed Bhatt, a convicted terrorist who has served over two decades in prison and had applied for temporary release to travel to Jammu and Kashmir.The court cited concerns that his presence in the region could pose a threat to broader security interests. Despite the convict's request for parole to visit his parents and marry, the court...
Allegations Against Arbitral Tribunal Without Any Basis Is Contrary To Letter And Spirit Of Arbitral Process: Delhi High Court
The Delhi High Court single bench of Justice Prathiba M. Singh held that making allegations against the Arbitral Tribunal without any basis is contrary to the letter and spirit of the arbitral process. Brief Facts: The matter pertained to an Engineering, Procurement, and Construction agreement (EPC) made between the NHAI and M/S Kcc Buildcon Pvt. Ltd. (“Respondent”). Dispute...
Coal Scam: Delhi High Court Orders Renewal Of Ex-MP Vijay Darda's Passport For Three Years
The Delhi High Court has ordered renewal of passport of former Rajya Sabha MP Vijay Darda, convicted in a coal scam case, for a period of three years.Justice Swarana Kanta Sharma observed that Darda was granted permission on past many occasions to travel abroad and he did not misused the liberty granted to him.The court noted that while suspending Darda's four years of sentence in September...
Delhi High Court Issues Summons In Tesla's Trademark Infringement Suit Against 'Tesla Power India'
The Delhi High Court has issued a summons in a trademark infringement suit filed by Tesla Inc., owned by Elon Musk, against a Gurugram-based company, Tesla Power India Private Limited and its US counterpart. Justice Anish Dayal issued a summons to the Indian company and Tesla Power USA LLC and sought their written statements. The court also issued notice on Tesla's plea seeking interim relief...
Delhi High Court Issues Notice On Plea To Expedite Availability Of Residential Accommodations For Judges
The Delhi High Court on Thursday issued notice on a plea seeking to expedite the availability of government residential accommodations for judicial officers serving in the national capital. A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet PS Arora sought a response from the Union of India through the Ministry of Law and Justice, the Delhi Government and the...