Delhi High Court

93,075 judgments

Year:

delivered on: 19th November, 2014 W.P. (C) No. 5362/2013 v. CORAM:

19 Nov 2014 · HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J. · 2014:DHC:6201

The Delhi High Court held that the EPF Act applies to the petitioner establishment from the date it first employed 20 or more persons, directing reassessment of dues from September 1990 onwards, and affirmed that non-profit status does not exempt applicability.

labor petition_allowed Significant Employees' Provident Funds and Miscellaneous Provisions Act, 1952 applicability of EPF Act Section 7A inquiry casual employees

Mr.Pankaj Kumar Singh, Advocate. v. GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY & ORS. .....

19 Nov 2014 · HON'BLE MR. JUSTICE MANMOHAN · 2014:DHC:6205

The Delhi High Court allowed admission beyond the cut-off date to a meritorious candidate prevented by emergency duty, emphasizing fairness and duty of authorities to fill super speciality course vacancies.

administrative appeal_allowed Significant cut-off date admission super speciality course writ petition

RAJKUMAR DYEING & PRINTING WORKS PRIVATE LIMITED & ANR v. COMPETITION COMMISSION OF INDIA & ANR

19 Nov 2014 · HON’BLE MR JUSTICE VIBHU BAKHRU; VIBHU BAKHRU, J · 2014:DHC:6198

Delhi High Court set aside CCI's disproportionate penalty imposed for non-filing of undertakings when substantive cease and desist orders were complied with, emphasizing the doctrine of proportionality under Article 14.

administrative appeal_allowed Significant Competition Commission of India Section 42 Competition Act penalty for non-compliance cease and desist order

RAJKUMAR DYEING & PRINTING WORKS PRIVATE LIMITED & ANR v. COMPETITION COMMISSION OF INDIA & ANR

19 Nov 2014 · HON’BLE MR JUSTICE VIBHU BAKHRU; VIBHU BAKHRU, J · 2014:DHC:6204

Delhi High Court set aside disproportionate penalties imposed by CCI for non-filing of compliance undertakings, emphasizing the doctrine of proportionality and reasoned exercise of administrative discretion.

administrative petition_allowed Significant Competition Commission of India Section 42 Competition Act penalty for non-compliance cease and desist order

M/S. PANORAMA EXPORTS PVT. LTD v. NANDU BHARDWAJ AND ORS

19 Nov 2014 · HON’BLE MR. JUSTICE SURESH KAIT; SURESH KAIT, J. (Oral) · 2014:DHC:6208

The Delhi High Court set aside an ex-parte labour award due to improper service of summons and violation of natural justice, allowing the respondents to re-initiate proceedings with proper notice.

labor petition_allowed Significant ex-parte award service of summons natural justice labour court

Mr. S.D.Ansari, Adv. v. SMT. SHIV RANI & ORS. ......

19 Nov 2014 · HON’BLE MR. JUSTICE VALMIKI J.MEHTA; To be referred to the R... · 2014:DHC:6219

The Delhi High Court upheld eviction of a tenant under Section 14(1)(e) of the Delhi Rent Control Act, 1958, holding that the landlord's bonafide need was established and bald tenant assertions without evidence do not create triable issues.

property appeal_dismissed Delhi Rent Control Act, 1958 bonafide necessity eviction Section 14(1)(e) leave to defend

Mr. R.P. Luthra, Advocate. v. DHARMENDRA, PRINCIPAL SECRETARY, GOVT. OF NCT OF DELHI & ORS.

19 Nov 2014 · HON’BLE MR. JUSTICE V.K. SHALI; V.K. SHALI, J. · 2014:DHC:6226

The Delhi High Court dismissed a contempt petition alleging wilful disobedience in allotting alternative land, holding that absence of recorded ownership and compliance with court directions negated the claim.

civil petition_dismissed contempt petition wilful disobedience alternative plot allotment land acquisition

Commissioner of Income Tax – IV v. Delhi Race Club (1940) Ltd

18 Nov 2014 · Sanjiv Khanna; V. Kameswar Rao · 2014:DHC:5090-DB

The Delhi High Court held that payments for live telecast of horse races do not constitute royalty under the Income Tax Act and are not subject to tax deduction at source under Section 194J.

tax appeal_dismissed Significant royalty live telecast broadcast rights copyright

Mr.Mukesh Birla, Advocate v. STATE .....

18 Nov 2014 · HON'BLE MR. JUSTICE PRADEEP NANDRAJOG; HON'BLE MS. JUSTICE M... · 2014:DHC:6035-DB

The Delhi High Court modified the conviction from murder to culpable homicide not amounting to murder based on the nature of injuries and intention inferred, reducing the sentence accordingly.

criminal sentence_modified Significant culpable homicide not amounting to murder murder intention to kill post-mortem report

Mr.Mukesh Birla, Advocate v. STATE .....

18 Nov 2014 · HON'BLE MR. JUSTICE PRADEEP NANDRAJOG; HON'BLE MS. JUSTICE M... · 2014:DHC:6034-DB

The Delhi High Court reduced the conviction from murder to culpable homicide not amounting to murder, holding that the injuries inflicted were not sufficient to prove intention to kill, and sentenced the appellants to the period already undergone.

criminal appeal_allowed Significant culpable homicide not amounting to murder murder post-mortem report eyewitness credibility

Mr. G.D. Bhandari, Advocate. v. UNION OF INDIA AND ORS .....

18 Nov 2014 · HON'BLE MR. JUSTICE S. RAVINDRA BHAT; HON'BLE MR. JUSTICE VI... · 2014:DHC:6185-DB

The Delhi High Court held that acquittal in criminal proceedings does not mandate automatic review of departmental penalties and dismissed the petition seeking restoration of seniority and service benefits.

administrative petition_dismissed Significant departmental disciplinary proceedings criminal acquittal seniority restoration Railway Board circular 1995

VASU DEV PAHWA & ANR v. For the

18 Nov 2014 · HON’BLE MR JUSTICE BADAR DURREZ AHMED; HON’BLE MR JUSTICE SI... · 2014:DHC:6169-DB
Cites 2 · Cited by 0

The Delhi High Court held that acquisition proceedings under the 1894 Act are deemed lapsed under Section 24(2) of the 2013 Act if the award was made over five years ago and possession or compensation is lacking, regardless of stay orders preventing possession.

property petition_allowed Significant Section 24(2) RTFCTLARR Act 2013 land acquisition legal fiction stay order

Mr. Prakash Gautam, Advocate. v. SHRI KEWAL .....

18 Nov 2014 · HON’BLE MR. JUSTICE VALMIKI J.MEHTA; To be referred to the R... · 2014:DHC:6181

The court held that possession taken through due process of law is protected and a person without settled possession cannot claim illegal dispossession under Section 6 of the Specific Relief Act, 1963.

civil petition_dismissed Significant Specific Relief Act, 1963 Section 6 illegal dispossession settled possession

Mohd. Ikram, Adv. v. SHRI ABDUL SALAM & ANR. ......

18 Nov 2014 · HON’BLE MR. JUSTICE VALMIKI J.MEHTA; To be referred to the R... · 2014:DHC:6173

The Delhi High Court dismissed appellants' claim of independent title based on unregistered and unstamped documents, holding them invalid under amended Section 53-A of the Transfer of Property Act and an abuse of process, thereby allowing execution of the decree.

civil appeal_dismissed Significant Section 53-A Transfer of Property Act agreement to sell registration and stamping part performance

Mr. Kirti Uppal, Senior Advocate with Mr. Anil K. Pruthi, Advocate. v. DHANPAT RAI AND ORS. .....

18 Nov 2014 · HON’BLE MR. JUSTICE VALMIKI J.MEHTA; To be referred to the R... · 2014:DHC:6172

The Delhi High Court upheld eviction on bonafide necessity grounds, holding that less suitable alternative accommodation does not entitle a tenant to leave to defend under the Delhi Rent Control Act.

property petition_dismissed Significant Delhi Rent Control Act, 1958 bonafide necessity eviction alternative suitable accommodation leave to defend

Ms. Sangeeta jain, Advocate with petitioners in person v. STATE & ANR .....

18 Nov 2014 · HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA O R D E R; 18.11.2... · 2014:DHC:6176

The Delhi High Court quashed an FIR under Sections 498A, 406, 506, and 34 IPC arising from matrimonial disputes on the basis of an amicable settlement and mutual divorce, exercising its inherent power under Section 482 Cr.P.C.

criminal petition_allowed Significant Section 482 Cr.P.C. quashing of FIR matrimonial disputes non-compoundable offences

Mr. M. Sufian Siddiqui, Mr. Rakesh Bhugra, Mr. M.Tabishzia, Advocates. v. HAKIM ZILLUR REHMAN ......

18 Nov 2014 · HON’BLE MR. JUSTICE VALMIKI J.MEHTA; To be referred to the R... · 2014:DHC:6171

The Delhi High Court held that service of summons can validly terminate a monthly tenancy under Section 106 of the Transfer of Property Act, allowing the landlord's suit for possession despite tenant's oral agreement and construction claims.

civil appeal_allowed Significant landlord and tenant possession suit Section 106 Transfer of Property Act service of summons as notice

NEW INDIA ASSURANCE CO LTD ..... Through v. HARI OM & ORS .....

18 Nov 2014 · HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J. (ORAL) · 2014:DHC:6190

The Delhi High Court dismissed appeals challenging a motor accident compensation award, affirming insurer and driver liability, correcting multiplier application for dependency loss, and enhancing injury compensation.

civil appeal_dismissed Significant motor accident claim insurance liability contributory negligence motor vehicles act

W.P.(C) 4079/2014 v. 2,3,5,6

18 Nov 2014 · HON’BLE MR. JUSTICE SURESH KAIT; SURESH KAIT, J. (Oral) · 2014:DHC:6142

The Delhi High Court held that the Payment of Gratuity Act, 1972 overrides other enactments and applies to the University of Delhi until exemption under Section 5 is granted, dismissing the petition challenging gratuity payment orders.

civil appeal_dismissed Significant Payment of Gratuity Act, 1972 Section 5 exemption Section 14 overriding effect Delhi University Act, 1922

Through: Mr. Bharat Bhushan, Advocate v. M/S. BPTP LTD. & ANR

18 Nov 2014 · HON’BLE MR. JUSTICE VALMIKI J.MEHTA; To be referred to the R... · 2014:DHC:6179

The Delhi High Court held that pre-arbitration mutual discussion clauses are generally directory, allowing arbitration invocation despite non-compliance, but directed parties to attempt mutual discussion within a reasonable time before arbitration proceeds.

civil appeal_dismissed Significant arbitration clause mutual discussion conciliation Section 8 Arbitration Act