Delhi High Court

59,941 judgments

Year:

Shally v. Ram Mohan Gautam

24 Nov 2022 · C. Hari Shankar · 2022:DHC:5104

The Delhi High Court set aside the dismissal of the defendant's application to summon additional witnesses under Order XVI Rule 1(3) CPC, clarifying that such an application is not maintainable without a prior witness list under Rule 1(1), and remanded the matter for fresh consideration.

civil appeal_allowed Significant Order XVI CPC list of witnesses summoning witnesses Article 227 Constitution of India

Dr. O M Parmar v. Harsh Vardhan Nayyar

24 Nov 2022 · C. Hari Shankar · 2022:DHC:5238

The Delhi High Court upheld eviction and held that arrears of rent under the Delhi Rent Control Act must be computed from the date of service of notice of demand, not the eviction petition, denying relief to a defaulting tenant.

property petition_dismissed Significant Delhi Rent Control Act, 1958 Section 14(1)(a) Section 14(2) Section 15(1)

Kay Ess Electronics and Electricals v. Commissioner of Trade and Taxes

24 Nov 2022 · Rajiv Shakdher; Tara Vitasta Ganju · 2022:DHC:5416-DB

The Delhi High Court held that interest on delayed VAT refunds is payable from the date the refund becomes due, notwithstanding clerical errors in refund orders, and directed payment of interest accordingly.

tax petition_allowed Significant refund interest Delhi Value Added Tax Act, 2004 Special Objections Hearing Authority

Sabila Begum & Ors. v. Union of India

24 Nov 2022 · Manoj Kumar Ohri · 2022:DHC:5085
Cites 2 · Cited by 0

The Delhi High Court held that liability for compensation under the Railway Claims Tribunal Act is strict and no-fault, allowing the appeal and remanding the matter for awarding compensation for a passenger who died falling from a moving train.

civil appeal_allowed Significant Railway Claims Tribunal Act, 1987 strict liability untoward incident compensation

Rajender Singh v. Jawaharlal Nehru University

24 Nov 2022 · Rekha Palli · Citation No.2022/DHC/005128

The Delhi High Court directed release of retiral benefits to a retired employee whose terminal dues were withheld without any disciplinary action initiated even after three years post-retirement.

service_law petition_allowed Significant terminal benefits retiral benefits pension gratuity

Aditi Gaur v. General Manager UCO Bank & Anr.

24 Nov 2022 · Rekha Palli · Citation No.2022/DHC/005130

The Delhi High Court directed UCO Bank to grant pension benefits to a voluntary retiree whose pending pension application was not timely considered in light of a subsequent circular extending pension eligibility.

civil petition_allowed Significant pension scheme voluntary retirement pending application circular dated 01.01.2013

NSL Nagapatnam Infrastructure Private Limited v. Central Electricity Regulatory Commission & Ors.

24 Nov 2022 · Vibhu BakhrU; Amit Mahajan · 2022:DHC:5263-DB
Cites 1 · Cited by 0

The Delhi High Court held that encashment of bank guarantees under Regulation 12(5) of the Connectivity Regulations is discretionary and not mandatory, setting aside CERC's order mandating automatic encashment.

administrative appeal_allowed Significant Bank Guarantee Long Term Access Central Electricity Regulatory Commission Central Transmission Utility

M/S Kurian EnergieKanri India Pvt Ltd v. State of NCT of Delhi

24 Nov 2022 · Swarana Kanta Sharma · 2022:DHC:5106

The High Court upheld the trial court's refusal to recall a witness under Section 311 Cr.P.C., holding that change of counsel or alleged inadequate cross-examination is not sufficient ground for recall.

criminal petition_dismissed Significant Section 311 Cr.P.C. recall of witness cross-examination change of counsel

Ismile v. The State of NCT Delhi

24 Nov 2022 · Sudhir Kumar Jain · 2022:DHC:5246
Cites 1 · Cited by 0

The Delhi High Court upheld the conviction of Ismile for kidnapping and rape of a minor, affirming that consent of a girl below 16 years is immaterial and reduced the sentence for rape from 10 to 7 years considering time served.

criminal appeal_dismissed Significant rape minor consent immaterial school leaving certificate

Delhi Medical Council v. Parnay Kumar Biswash

24 Nov 2022 · Jasmeet Singh · 2022:DHC:5251

The Delhi High Court set aside the dismissal of a criminal complaint against an unqualified medical practitioner, restoring the complaint for trial to protect public health and uphold statutory regulation.

criminal appeal_allowed Significant Delhi Medical Council Act, 1997 practicing medicine without qualification dismissal in default setting aside dismissal

M/S S.S TOTAL CONSTRUCTION INDIA PVT LTD v. ALL INDIA INSTITUTE OF MEDICAL SCIENCES

24 Nov 2022 · C. Hari Shankar · 2022:DHC:5176

The Delhi High Court allowed correction of a clerical error in an arbitral award under Article 227 when the arbitrator was functus officio, holding no limitation barred such correction.

arbitration petition_allowed Significant Arbitral Award Clerical Error Correction of Award Functus Officio

Gaurav Bhardwaj and Ors. v. Union of India and Others

24 Nov 2022 · Chandra Dhari Singh · 2022:DHC:5219

The Delhi High Court dismissed the petition seeking regularization and set aside of eviction orders, holding that unauthorized occupation of government accommodation after cancellation and retirement justifies eviction and denial of regularization.

administrative petition_dismissed government accommodation regularization unauthorized occupation eviction order

Suraj Kumar Sirvaiya v. Prashant Paliwal

24 Nov 2022 · Gaurang Kanth · 2022:DHC:5233

The Delhi High Court allowed the appeal granting conditional leave to defend in a suit under Order XXXVII CPC where the defendant raised plausible but disputed factual issues, remanding the matter for trial upon deposit of Rs. 15 lakhs.

civil appeal_allowed Significant Order XXXVII CPC leave to defend security cheque plausible defence

Cambridge Primary School v. Directorate of Education

24 Nov 2022 · Chandra Dhari Singh · 2022:DHC:5220

The Delhi High Court dismissed the petition challenging pay fixation of a primary school teacher, upholding the Directorate of Education's order fixing basic pay at Rs. 6,025 and emphasizing the inadmissibility of delay and non-compliance with lawful orders.

administrative petition_dismissed pay fixation Fifth Pay Commission increments bunching effect

Mebigo Labs Private Limited v. Pocket FM Private Limited & Anr.

24 Nov 2022 · Prathiba M. Singh · CS(COMM) 809/2022

The Delhi High Court disposed of the interim injunction in a copyright infringement suit after the defendant removed the infringing audiobook and undertook not to republish it without authorization.

intellectual_property appeal_allowed copyright infringement interim injunction audio book exclusive rights

THE STATESMAN LIMITED v. GOVERNMENT OF NCT OF DELHI & ANR.

24 Nov 2022 · Dinesh Kumar Sharma

The Delhi High Court allowed the petitioner-management one final opportunity to lead evidence with conditions including a four-week timeline and costs, after the Trial Court had closed evidence.

civil appeal_allowed closure of evidence opportunity to lead evidence adjournment costs

Devender Shukla v. State of NCT

24 Nov 2022 · Swarana Kanta Sharma · 2022:DHC:5100

The Delhi High Court dismissed the petition to quash an FIR alleging assault on a police officer, holding that the FIR discloses cognizable offences and the quashing power under Section 482 CrPC must be exercised sparingly.

criminal petition_dismissed Significant Section 482 CrPC quashing of FIR cognizable offence mala fide prosecution

Mahavir Singh & Ors. v. GNCT of Delhi & Ors.

24 Nov 2022 · Anu Malhotra · 2022:DHC:5083

Registration of sale agreement and power of attorney relating to land under pending consolidation proceedings cannot be permitted without sanction under Section 30 of the East Punjab Holdings Act, 1948.

civil petition_dismissed Significant Indian Registration Act, 1908 East Punjab Holdings Act, 1948 Section 30 EPH Act Sale Agreement registration

Bharat Kumar v. Union of India & Ors.

24 Nov 2022 · Anu Malhotra · 2022:DHC:5107

The Delhi High Court upheld the removal of an administrative officer for unauthorized absence and dereliction of duty during a critical period, affirming the validity of the departmental inquiry and penalty under the Corporation's Staff Regulations.

administrative petition_dismissed Significant unauthorized absence departmental inquiry staff regulations removal from service

Jai Raj Solanki v. Union of India & Ors.

24 Nov 2022 · Anu Malhotra · 2022:DHC:5084

The Delhi High Court upheld the dismissal of a public servant following a fair disciplinary inquiry that proved serious misconduct, emphasizing limited judicial interference in such administrative decisions.

administrative petition_dismissed Significant disciplinary proceedings principles of natural justice removal from service public servant misconduct