Children who ought to have been studying in schools are forced to work in unhygienic, inhabitable places where accidents await. What is more saddening is that these units are working right under the nose of the Government which includes Police officers who are aware of these factories being run, and yet no steps are being taken by the State to curb this menace.
An arbitration agreement that is embedded within a contract would always be considered as a separate and severable clause, and despite a reference being made by the court the arbitrator is free to decide on their jurisdiction including the existence of the arbitration agreement in accordance with the kompetenz-kompetenz principle
by Mikhail Behl†
The ground of Patent illegality gives way to setting aside an Arbitral Award with a very minimal scope of intervention. A party cannot simply raise an objection on the ground of patent illegality if the Award is simply against them. Patent illegality requires a distinct transgression of law, the clear lack of which thereof makes the petition simply a pointless effort of objection towards an Award made by a competent Arbitral Tribunal.
Even though petitioners have claimed that deduction of an amount of their contribution to the Society is permitted by the Ministry of Finance and that the land to run the Society is allocated by the Government, we find that purpose to provide aid in the form of sanction and land to the Society is to enable it to function smoothly to the benefit of its members. However, this does not establish that these functionaries are being run by the Air Force or the Central Government.
All that the respondent wished for was a better roof over the head of his family. It was for this objective that the collaboration agreement was devised, but the appellant subjected the respondent to undue harassment on account of his illegal designs which led to the registration of the FIR, and the respondent had to run from pillar to post due to the direct acts of the appellant. Such circumstances do warrant awarding of damages on account of mental agony and harassment.
A clarificatory press release dated 1-03-2013 issued by the Finance Ministry pursuant to the 2013 amendment makes it clear that a Tax Residency Certificate is to be accepted and tax authorities cannot go behind it. Further, based on repeated assurances to foreign investors by way of CBDT Circulars as well as press releases and legislative amendments and decisions of the Courts, the revenue cannot go behind TRC.
The Delhi High Court held that the denial of a health insurance policy to a minor child suffering from Bi-Lateral Hearing Loss was contrary to the provisions in favour of Persons with Disabilities under the Rights of Persons with Disabilities Act, 2016 and further directed IRDAI to design products for persons with hearing disabilities and persons with implants.
by Yogendra Kumar Srivastava† and Ankit Singh††
The Supreme Court observed that the prosecutrix had betrayed her husband and three children by having relationship with the accused during the subsistence of her marriage and had continued to live with the accused even after finding out that he was a married man having children.
The Court was of the view that neither the notice served upon the petitioner mentioned any specific defect found by the authorities nor the order of tax and demand specify any reason why the documents accompanying the goods were found to be defective.
The petitioner cannot take advantage of, or refuge under, the error that has crept into the Admission Form available on the website. Such a mistake on the part of the respondent-university would not clothe the petitioner with any legal right.
The writ petitions raise an important question relating to the powers of the Enforcement Directorate (ED) to provisionally attach properties under Section 5 of the Prevention of Money Laundering Act, 2002 (PMLA) even though no proceedings relating to the predicate offense may have been initiated by the competent agency functioning under an independent statute and in terms of which the scheduled offense stands created.
Where there exists any iota of inconsistency between two provisions of a same instrument, the former clause shall prevail over the latter one
On 13-1-2023, the High Court of Delhi notified the Live Streaming and Recording of Court Proceedings Rules of the High Court of
Delhi High Court opined that death caused due to overwork and toxic work environment is a social problem which requires the government, the labour unions, the health officials and corporates to formulate appropriate policies.
The Delhi High Court remarked that the expression “unmarried” adverts to a person who is not married. It includes a woman who is single i.e., who was married but divorced and even a woman who is widowed.
The Court rejected the contention forwarded by defendant 3 to the effect that the present issue had an impact on tariff, as the actions of the plaintiff had prevented the applicant from supplying power to defendant 3 under the PSA resulting into defendant 3 being forced to secure power from the open market at rates much higher than the tariff determined.
Delhi High Court: In a review petition filed under Section 114 read with Section 151 of the Civil Procedure Code on behalf
The rights of a child to education have to be balanced with the rights of the school under the DSER, 1973. If the petitioner is unable to pay the fees of the school, the petitioner certainly does not have a right to continue education in the school in question. However, the petitioner cannot be tormented in this manner in the middle of the academic session.