Cases Reported in HCC
(2023) 2 HCC (Bom) Labour Law — Industrial Disputes Act, 1947 — S. 25-O (2) — Closure of Undertaking — Whether contractual
Delhi High Court
Delhi High Court | Appointment of Arbitrators Post-2015 Amendment must adhere to eligibility criteria regardless of contract execution and arbitration commencement dates
The clear ineligibility to any unilateral appointment is set out in Section 12 of the Arbitration Act read with the Seventh Schedule of the Act. After the 2015 Amendment to the Act came into effect, any unilateral appointment would be contrary to the law.
Delhi High Court refuses to entertain petition against NCDRC Order on territorial jurisdiction objection
When the Court suggested it was not inclined to entertain the writ petition due to territorial jurisdiction, the petitioner’s counsel sought permission to withdraw the petitions. The Court granted this request, allowing the petitioner to take appropriate legal steps.
Delhi High Court denies bail to Amandeep Singh Dhall in Liquor Excise Policy Scam case
The Delhi High Court said that the allegations against Amandeep Singh Dhall were serious in nature and their impact on society at large must be considered as a factor for adjudicating bail.
Delhi HC dismisses PIL challenging appointment of National Small Industries Development Corporation’s Chairman
The Court dismissed the petition on the ground of non-maintainability as only non-appointees can assail the legality of the appointment or extension procedure.
Delhi HC directs State to file an Action Taken Report after seven new-born babies die in a fire at Baby Care New Born Hospital
A news report dated 28-05-2024, stated that out of almost 1000 hospitals registered with the Delhi Government, only 196 have fire NOC, i.e., roughly 20% of the total hospitals have fire NOCs while the rest are at risk of a fire hazard.
‘No Work No Pay’ Principle inapplicable in Illegal Termination case; Delhi High Court quashes Delhi School Tribunal order
The Delhi High Court reiterated that in cases of wrongful termination of service, reinstatement with continuity of service and back wages is normal rule.
[MPLADS Funds] ‘Central Information Commission has no jurisdiction to comment adversely upon the functioning of any public authority’; Delhi HC eschews CIC’s order
The Delhi High Court said that CIC can only deal with issues relating to information sought under the RTI Act or any other issue that leads to dissipation of information as sought by the applicant.
Will personal right of action survive by transfer to legal heir upon original plaintiff’s death? Delhi HC answers
“The nature of infringement of his legal rights, if any, which were claimed by the deceased/plaintiff, were personal to him and certainly not heritable”
Delhi High Court quashes reassessment proceedings against Progress Rail Locomotives
The Court evaluated Art. 5 of India-USA Double Tax Avoidance Agreement to determine whether Progress Rail has Permanent Establishment in Noida and Varanasi and whether reassessment proceeding can be initiated upon them or not.
Delhi High Court grants injunction against rogue websites peddling false articles on Anant Ambani Interview with CNBC-TV18
The article on the websites describes a fake/made-up interview from the actual Interview of Mr. Ambani with Mr. Anand Narasimhan, a senior anchor and Managing Editor at CNN-News18 uploaded on Network 18 Media and Investments Limited, Youtube Channel.
Central Council of Homeopathy is ‘Industry’ as per Industrial Dispute Act: Delhi HC upholds reinstatement of compulsorily retired workman
The Delhi High Court said that Section 33-A is a special provision which aims to adjudicate as to whether conditions of a service, etc. have been changed during the pendency of proceedings before an Industrial Tribunal.
‘Process might not complete within fixed timeline’; Delhi HC dispenses with the direction to capture biometric of advocates/registered clerks for issuance of proximity/identity cards
The timeline was stipulated by the Delhi High Court in a previous judgment for the issuance of identity cards to the law researchers being treated as bona fide advocates.
“Allowing private shrines on public land will be disastrous”; Delhi High Court dismisses petition to demarcate alleged Shrine Land on Yamuna Floodplain
The Delhi High Court said if each Sadhu, Baba, and Guru is allowed to build a shrine on public land and thereby, continue to use it for personal gains, it would lead to disastrous consequences jeopardizing larger public interest.
Delhi HC directs DDA & MCD to frame rules on levy of charges for illegal encroachment on public land
The Court stated that for ascertaining the charges to be recovered from the encroacher, the land-owning authorities shall consider the area of encroached land, period for which the encroached land was illegally used, the market price or circle rate of the encroached area.
Cases Reported in HCC
(2023) 2 HCC (Bom) Income Tax—Finance Act, 1987—Settlement of inheritance rights—Liability to pay tax—The receipt of an amount for retirement from the
Delhi High Court dismisses petition seeking Guidelines for Suspended Insolvency Professionals by IBBI Disciplinary Committee
The Court exonerated the charges of contravention of prescribing non-refundable participation fee levied on Liquidator of Corporate Debtor, however, he was found guilty of paying excess fees to BDO Restructuring Advisory LLP.
[Reservation for Disabled Persons] Delhi High Court directs Indian Nursing Council to address discrimination claim over Clause 8 in Nursing Regulations, 2020
Clause 8 under ‘Admission Terms and Conditions’ of the Indian Nursing Council (Revised) Regulations and Curriculum for B.Sc. (Nursing Program) Regulations, 2020 reserves seats only for candidates with loco-motor disabilities of 40% to 50% of the lower extremity, thereby excluding candidates with other disabilities such as Muscular Dystrophy, Dwarfism, Acid Attack Victims, Low Vision, Hearing Impairment, Speech Disability, and Intellectual Disability.
‘Bank cannot open Lookout Circular as an arm-twisting tactic’; Delhi HC quashes Circular issued by Union Bank of India to recover debt
The Delhi High Court said that a Lookout Circular is a major impediment for a person who wants to travel abroad.
Will arbitration proceedings survive if mandate of arbitrator is terminated? Delhi HC answers
“The arbitral proceedings in the matter were not terminated but the Arbitrator had been non-responsive and was unable to perform his functions. Thus, as per Sections 14 and 15 of the Arbitration and Conciliation Act, 1996, the present case is suited for appointment of a substitute Arbitrator for adjudicating the disputes.”