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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.
The Supreme Court Collegium stated that every individual is entitled to maintain their own dignity and individuality, based on sexual orientation. Senior Advocate Kirpal's openness about his orientation goes to his credit and rejecting his candidature on this ground would be contrary to the constitutional principles laid down by the Supreme Court.
The Court has a duty to ensure compliance with the principles of natural justice and when an award has been passed without complying with the mandatory principles of natural justice, this Court being the custodian of rights and liberties of parties must take its guard to correct the infirmities which have already been carried out.
In pharmaceutical patents, especially, additional care must be taken to ensure that, by being allowed to evergreen a patent beyond its expiry, the patent holder does not keep others, who may seek to deal in the patented product, out of the market. The ultimate sufferer, in such a situation, would be the ailing public, who seek access to the product.
None of the statements of the applicant led to any discovery of a ‘fact' in terms of Section 27 of the IEA.
by Vaibhav Garg† and Devansh Malhotra††
If the court were to find that the material which is likely to be broadcast or published already exists in the public domain and has existed as such for a considerable period without an objection having been raised, that too would detract from the right of the plaintiff to seek ad interim injunctive relief.
Article 246 read with List 1 Entry 2 of the Seventh Schedule of Constitution of India envisages Armed Forces of the Union of India and includes “Naval, Military and Air Forces; any other armed forces of the Union”