Page 10 - Delhi High Court

SC declines plea seeking transfer of Waqf Act petition from Delhi HC

The Supreme Court on Tuesday declined to entertain a plea seeking transfer of a petition challenging the 1995 Waqf Act from the Delhi High Court to the apex court. A bench headed by Chief Justice B R Gavai said that courts are increasingly being used for generating newspaper headlines rather than genuine legal redress. The bench, which also comprised Justices K Vinod Chandran and N V Anjaria, made sharp remarks while hearing a transfer petition filed by advocate Ashwini Kumar Upadhyay. The petition sought to move his challenge to various provisions of the Waqf Act from the Delhi High Court to the Supreme Court. "This issue is already pending before this court. Why do you want more petitions," the CJI asked at the outset. The bench noted that an earlier bench led by then CJI Sanjiv Khanna had already set a clear timeline for admitting such challenges. The court had also permitted fresh petitioners to file intervention applications in the ongoing batch of 11 petitions challenging .

All marriage-time gifts not necessarily stridhan, says Delhi court

A Delhi court has said every article given at the time of marriage cannot be called stridhan (woman's property) and dismissed a woman's plea seeking return of her articles, including a car. Judicial magistrate Sonika was hearing an application filed by the woman under the Protection of Women from Domestic Violence Act. Stridhan is movable or immovable assets, received during the lifetime, by a woman either prior to marriage or at the time of marriage or at childbirth. In an order on July 12, the court held, "Upon perusal of the record, including the documents annexed with the present application, at this stage, it cannot be concluded that all the articles, including the car, as mentioned in the list of dowry articles annexed with the present application were given as the stridhan articles of the petitioner." It said there was no prima facie evidence, such as bills, photographs, or affidavits of witnesses, to prove the ownership. The order added, "Moreover, each and every article g

Delhi plans to scrap MCD restaurant licence to boost ease of business

Delhi L-G VK Saxena says restaurants may soon be freed from the need to renew MCD health trade licence yearly, as part of broader reforms to boost ease of doing business in the capital

Delhi HC reserves order on Celebi's plea over revoked security clearance

The Delhi high court on Friday reserved its order on a plea filed by another Turkish-based Celebi company, namely Celebi Ground Handling India Private Limited, against Centre's decision to revoke its security clearance. A different bench of the high court on July 7 dismissed the pleas by Turkish-based firms -- Celebi Airport Services India Pvt Ltd and Celebi Delhi Cargo Terminal Management India Pvt Ltd -- challenging the revocation of their security clearance by aviation watchdog Bureau of Civil Aviation Safety (BCAS) on May 15, saying there are "compelling national security considerations" involved. Justice Tejas Karia on Friday reserved the order after company's lawyer submitted that the petition was filed on July 4 after a coordinate bench reserved its judgement in a similar case involving the associated companies. The counsel said on Friday that the July 7 verdict directly applied to the present case as well, and urged the judge to pass a similar order. BCAS revoked the securi

SC refuses to stay proceedings against Lalu Yadav in land-for-job case

The decision to refuse a stay on trial proceedings against RJD supremo Lalu Prasad Yadav comes at a politically sensitive moment, as Bihar prepares for assembly elections later this year

Delhi HC raps Wipro for defamatory firing letter, awards ₹2 lakh in damages

Delhi High Court said Wipro's termination letter used 'unsubstantiated, harmful' terms like 'malicious conduct'; directs firm to reissue letter, awards ₹2 lakh to ex-employee for reputational damage

AgustaWestland case: HC reserves order on accused Gupta's plea to quash NBW

The Delhi High Court on Wednesday reserved its verdict on a plea filed by businessman and AgustaWestland case accused Shravan Gupta who sought quashing of a non-bailable warrant in a money laundering case probed by the ED, officials said. A Prevention of Money Laundering Act (PMLA) court had issued an "open ended" NBW against him in August 2020. Gupta is alleged to have left for the UK (London) in 2019 after the federal probe agency summoned him for questioning. An Interpol Red Notice was issued against him in August 2023. The ED filed a supplementary chargesheet in February 2022 naming Gupta as an accused in the VVIP chopper case. It has attached assets worth Rs 21 crore in the probe as part of two money laundering investigations against Gupta, director of real estate company MGF Developments. The second PMLA case against is over Rs 180 crore. According to officials, Justice Neena Bansal Krishna on Wednesday heard Gupta's plea of quashing the NBW issued against him. The judge

DV law doesn't distinguish 1st marriage from 2nd on maintenance: Delhi HC

The Delhi High Court has held that the domestic violence law doesn't distinguish first marriage from the second when it comes to paying maintenance to an estranged spouse. Justice Swarana Kanta Sharma on July 15 said once a man voluntarily marries his partner and accepts her and her children from the previous marriage, he cannot use it as a defence later to resist his statutory obligations. A man moved court against paying maintenance to his estranged wife saying it was his second marriage and the children were from her first marriage. "As regards the petitioner's (man) submission that the respondent's (wife) marriage with him was her second and that she had children from a previous marriage, such a submission is wholly misconceived," the order said. The order continued, "Domestic Violence Act does not distinguish between a first or subsequent marriage for the purpose of entitlement to maintenance. Once the petitioner voluntarily entered into the marriage and accepted the responden

HC asks Centre to place litigation papers about Delhi HC deportations

The Calcutta High Court on Wednesday directed the Centre to place before it all records regarding litigations before the Delhi HC over the deportation of a few persons found to be illegally residing in the national capital. The court also verbally asked the central government's lawyer to "ascertain" whether there is any truth in the allegation that Bengali-speaking people were being questioned over their nationality in different places in the country after the West Bengal government's counsel raised the issue. However, no order was issued by the court on this matter. A division bench, presided by Justice Tapabrata Chakraborty, took up two habeas corpus petitions, alleging illegal detention of some people from West Bengal. The court directed the Centre to file an affidavit with regard to the petitioners' averment that they were already deported and that the issue was being litigated before the Delhi High Court. A habeas corpus petition is a legal remedy seeking direction to produce

No bar on re-arrest after procedural lapses of first arrest cured: Delhi HC

The Delhi High Court has said procedural lapses by the police in the first arrest does not hinder a subsequent arrest once legal requirements are fulfilled. Justice Swarana Kanta Sharma on July 15 held an accused's rearrest if carried out after curing such defects was permissible. The court, therefore, dismissed a petition filed by four alleged members of an organised crime syndicate. "In criminal law, procedural safeguards are essential to protect liberty, but they cannot be turned into a shield to defeat lawful investigation into heinous crimes. A lapse by the police in the first arrest does not create a bar against subsequent arrest once the legal requirements are fulfilled," the court said. Anwar Khan, Hasim Baba, Sameer, and Zoya Khan sought a declaration that their rearrest on June 10 for the murder of one Sunil Jain was "unlawful and unconstitutional". The petitioners, represented by advocates Anurag Jain, M M Khan, Amit Chadha and Atin Chadha, argued their first arrest was

HC tells Amazon, Flipkart to take down goods infringing Reliance marks

Court restrains sellers from misusing Reliance and Jio trademarks and directs major e-commerce platforms to delist infringing listings and share seller information

Authorities can decide parole, furlough when appeal pending in SC: Delhi HC

The Delhi High Court on Tuesday ruled prison authorities can decide a plea of parole and furlough even when the matter was pending in the Supreme Court. A bench of Justices Pratibha M Singh and Amit Sharma observed the Delhi Prison Rules did not bar consideration of parole and furlough if a convict's appeal against the conviction was pending in the Supreme Court. The bench, however, noted whether the relief could be granted or not was a different issue altogether and depended on the facts of each case. Furlough and parole envisage a short-term temporary release of convict from jail. "It is an altogether different question as to whether in the facts of a specific case, the prison authorities ought to grant parole or furlough, if the Supreme Court is seized of the matter either in a Special Leave Petition or in an Appeal. The grant or non grant of the parole and furlough on merit would depend on the facts of each case," the bench said. While parole is granted to the prisoner to meet

Delhi High Court refuses to stop Vedanta's deductions in oilfield dispute

The Delhi High Court has allowed Vedanta to proceed with deductions from its revenue share in the Mangala, Bhagyam, and Aishwariya fields, dismissing the Centre's appeal

Delhi High Court stays ₹1,140 crore angel tax demand against Oyo

The Delhi High Court stays a ₹1,140 crore angel tax demand against OYO's parent company Oravel Stays for the assessment year 2020-21 under Section 56(2)(viib) of the Income Tax Act

Delhi HC stays 'Udaipur Files' release, asks petitioners to approach Centre

The Delhi High Court on Thursday stayed the release of "Udaipur Files" movie, scheduled to hit the screens on July 11, till the Centre decides the pleas seeking its permanent ban for its potential to "promote disharmony" in society. A division bench of Chief Justice D K Upadhyaya and Justice Anish Dayal directed the petitioners to approach the Centre within two days with their grievance. The bench said the petitioners hadn't taken the recourse to approach the central government. "We provide that till the application for interim relief, if made by petitioner along with revision petition, is decided by government, release of the film shall remain stayed," the bench held. During the hearing, senior advocate Kapil Sibal urged the judges to watch the film based on tailor Kanhaiya Lal murder case, terming it "vicious" and "cinematic vandalism". The petitions, including one filed by Maulana Arshad Madani, Jamiat Ulama-i-Hind president and principal of Darul Uloom Deoband, have claimed th

Delhi HC seeks clarification on SC's observations on 'Udaipur Files' movie

The Delhi High Court on Thursday sought a clarification from the parties on the observations made by the Supreme Court in related proceedings pertaining to release of movie "Udaipur Files" which is based on tailor Kanhaiya Lal murder case. A top court bench of Justices Sudhanshu Dhulia and Joymalya Bagchi on Wednesday refused to urgently list a plea challenging screening of the movie and orally observed: "Let the film be released". The top court observation was made after a counsel, appearing for one of the accused in the murder case, said the release of the film will prejudice the trial. The high court on Wednesday directed the producer of "Udaipur Files" to arrange its screening for those seeking a ban on it. The film is scheduled for release on July 11. On Thursday, a division bench of Chief Justice DK Upadhyaya and Justice Anish Dayal of the high court referred to the apex court's observations made earlier and asked the lawyers whether the apex court allowed the release of the

No written order on plea against Udaipur Files release, clarifies SC

The Supreme Court on Thursday clarified it did not pass any written order when it refused to urgently list the plea against the screening of the movie "Udaipur Files: Kanhaiya Lal tailor murder". The clarification from a bench of Justices Sudhanshu Dhulia and Joymalya Bagchi came after senior advocate Kapil Sibal, appearing for the accused Mohammed Javed, said a confusion arose due to the bench's remark, "Let the film be released". After Sibal sought the clarification, the bench said it had indeed made the observation but no written order was passed and the court simply denied the request for urgent listing. Sibal said due to the scheduled release of the film on July 11, the trial of the accused would get prejudiced. He informed the bench about moving the Delhi High Court, which asked him to seek the clarification on the July 9 order. "The petition has not been heard and the oral observation of the court has created a confusion," he submitted. While Justice Bagchi opined the film

SC says no order issued as it declines urgent listing in Udaipur Files case

Udaipur Files is a movie based on the Kanhaiya Lal murder case, a tailor who was murdered in June 2022, allegedly by Mohammad Riyaz and Mohammad Ghous

Delhi HC reserves verdict on Sharjeel Imam, Umar Khalid bail pleas

The prosecution has opposed the release of Sharjeel Imam, Umar Khalid and others charged under UAPA in the 2020 Delhi riots case, arguing the violence was pre-planned

No proposal to introduce ₹50 coin as public prefers notes: Centre to HC

The Centre told Delhi High Court there is no plan to issue a ₹50 coin, citing RBI findings that people prefer banknotes over coins due to weight, size, and ease of daily use