Page 16 - Delhi High Court

Security clearance can't hinge on public perception: Çelebi to HC

Govt defends move citing national security

Delhi HC permits govt to withdraw plea against LG order in prosecutors row

The Delhi High Court on Monday allowed the BJP-led government in the capital to withdraw a plea against Lieutenant Governor allowing Delhi Police to choose special public prosecutors for February 2020 riots and 2021 Republic Day violence cases. A bench of Chief Justice D K Upadhyaya and Justice Tushar Rao Gedela said, The application is allowed and the petition is dismissed as withdrawn." The court passed the order after the Lieutenant Governor's counsel did not object to the plea. The erstwhile AAP government had challenged the LG's decision on the ground that it wouldn't be in the interest of a fair trial to have Delhi Police chosen lawyers as SPPs in cases of farmers' protests-related violence on January 26, 2021 and Delhi riots. The appointment of special public prosecutors (SPP) was a routine matter and not an exceptional one requiring a reference to President and LG had "no sound reason" for referring the matter to President when the government had agreed to appoint independe

SC concerned over drafting of arbitration clauses, says process misused

The Supreme Court on Thursday expressed concern over drafting of arbitration clauses in commercial agreements and said the arbitration process was being misused to complicate and prolong matters. A bench of Justices Surya Kant and N Kotiswar Singh raised "serious concerns" over the manner in which ambiguity was embedded into such agreements and instructed courts to show an "unwavering tendency" towards rejecting shoddily drafted clauses at the very threshold. "The drafting of arbitration clauses in commercial agreements in India leaves much to be desired. Despite arbitration being introduced as a means of ensuring speedy and effective dispute resolution, it is evident and ironic that, in certain cases, the process has been misused to further complicate and prolong the resolution of disputes," it said. "Whether this stems from administrative oversight or deficient legal advice is a matter best left for separate consideration," the bench added. The top court said "willful and wanton

Woman leaving job for child care not voluntary desertion of work: Delhi HC

The Delhi High Court has held a woman leaving her job to take care of her child as a single parent wasn't voluntary desertion of work and she was entitled to alimony. Justice Swarana Kanta Sharma in an order on May 13 said the situation could be viewed as a consequence of the paramount duty to look after the child. The court, as a result, refused to set aside a trial court's order granting interim maintenance to a woman and her minor son. The husband challenged the trial court's October 2023 order asking him to pay a monthly maintenance of Rs 7,500 each to his estranged wife and child. The high court, however, directed the man to continue paying the same monthly sum to the woman and pay Rs 4,500 monthly towards his child. "It is well settled that the responsibility of caregiving to a minor child falls disproportionately upon the parent with custody, often limiting their ability to pursue full-time employment, especially in cases where there is no family support to take care of the

Delhi HC sets aside arbitral tribunal order entitling Zostel stake in OYO

The court allowed OYO's plea under Section 34 of the Arbitration Act, setting aside the 2021 tribunal ruling that Zostel could seek up to 7% stake in Oravel Stays

PIL highlights shortage of judges in Delhi HC, urges filling vacancies

A PIL has been filed in the Delhi High Court, highlighting a shortage of judges and urging for expeditiously filling up the vacancies by elevating eligible district judges and advocates from the bar. The public interest litigation (PIL) matter is likely to come up for hearing next week before a bench of Chief Justice D K Upadhyaya and Justice Tushar Rao Gedela. The Delhi High Court has a sanctioned strength of 60 judges but is working with 36 judges currently. In his plea, petitioner and advocate Amit Sahni has sought an urgent judicial intervention regarding the "alarming and chronic shortage" of judges in the court, which has "adversely impacted the timely dispensation of justice and the functioning of the judiciary". Sahni, a lawyer, has pointed out in his plea that according to the sanctioned strength, the court should have 60 judges -- 45 permanent and 15 additional. "However, it is currently functioning with only 36 judges, reflecting a vacancy rate of 40 per cent. This seri

Delhi HC orders seizure of another 129 EVs tied to Gensol and BluSmart loan

Delhi HC restrains Gensol and BluSmart from selling or transferring 129 hypothecated EVs after STCI Finance alleges ₹15 crore loan default and risk of asset dissipation

Supreme Court rules in favour of Wikipedia, scraps ANI page takedown order

The Supreme Court ruled that courts cannot direct media takedowns without proving real harm, as it overturned Delhi High Court's order against Wikipedia

Delhi HC bars Gensol & BluSmart from transferring or selling over 220 EVs

Delhi HC bars BluSmart and Gensol from creating third-party rights over 220 EVs leased by SMAS Auto and Shefasteq, taking total restricted vehicles to 490

AgustaWestland: Delhi HC reserves order on Christian Michel's bail plea

The Delhi High Court on Wednesday reserved its order on a plea of alleged middleman Christian Michel James seeking modification of his bail conditions in the Rs 3,600-crore AgustaWestland money laundering case. Justice Swarana Kanta Sharma heard the counsel for James and the Enforcement Directorate (ED) and said she would pass a detailed order in the matter. Michel, who joined the proceedings from Tihar Jail through video-conferencing, confirmed filing the plea through his lawyer. The court previously asked Michel whether he had filed the application through his counsel for the modification of bail conditions. James sought relaxing the bail condition which asked him to furnish a surety of Rs 5 lakh aside from asking to revoke the condition of surrendering his passport. His old passport expired and the process of obtaining a new one is likely to take at least four-eight weeks, his plea said. James' counsel said he couldn't be made to languish in jail even after securing bail till

Delhi HC stays order against A R Rahman in 'Ponniyin Selvan 2' case

The Delhi High Court on Tuesday stayed an interim order in a copyright case against music composer A R Rahman and the makers of the film "Ponniyin Selvan 2" over a musical composition. A bench of Justices C Hari Shankar and Ajay Digpaul, however, directed Rahman and the makers of the film to deposit within 10 days Rs 2 crore with its registry, as directed by the single judge. On April 25, a high court single judge in the interim also ordered for inserting a slide in the film on all OTT and online platforms to give due credit to Junior Dagar Brothers -- Late Ustad N Faiyazuddin Dagar and Late Ustad Zahiruddin Dagar -- for the composition. The division bench stayed this direction too. Rahman's stay application and the appeal challenging the single judge's order was posted on May 23. The single judge awarded Rs 2 lakh costs to the family member of the late artists. In the interim order, the single judge ruled from a listener's point of view, the core of Rehman's song "Veera Raja Vee

Delhi restaurants refuse to budge on service charge despite HC order

Experts say errant establishments could face contempt of court proceedings

Delhi HC seeks urgent legal aid for Indians on death row in Indonesia

Court urges swift legal and diplomatic action to aid three Indians sentenced to death in Indonesia over drug trafficking charges

Delhi HC rejects TMC MP Saket Gokhale's plea to recall defamation order

Former diplomat Lakshmi Puri had filed a lawsuit against Saket Gokhale after he alleged that she bought property in Switzerland that was disproportionate to her income

Delhi HC flags 'trend' of settling false rape cases, refuses to quash FIR

The Delhi High Court has refused to quash a rape case on the basis of marriage and said the "trend" of filing and retracting complaints have to be curbed as bogus cases cause grave injustice to actual victims. Justice Girish Kathpalia, in a judgement passed on April 29, observed if the complaint in the present case turned out to be false, quashing it in the present stage (chargesheet filed by police) would encourage the abuse of process of criminal justice machinery. The judge also said if the complaint was indeed true, instead of "extending premium to the accused by pushing the helpless survivor into his matrimony", the state would have to ensure her a dignified life by providing her food, shelter and clothing. The case related to the allegations of a woman who said the petitioner raped, sodomised and blackmailed her over objectionable pictures by the accused, who was her neighbour. She claimed the man's brother-in-law, the other petitioner in the case, also sexually abused her.

Delhi HC issues notice to govt, police over plea on school bomb threats SOP

The Delhi High Court on Thursday issued notices to government's chief secretary and police in the capital after a plea alleged failure on their part in formulating a comprehensive mechanism to combat emergent situations such as bomb threats in schools. Justice Anish Dayal called it a serious issue, saying it required the urgent attention of authorities especially when repeated hoax calls had become very common and troubled children, their parents and schools. The plea before Justice Dayal claimed authorities were in contempt of the court's November 14 2024 order which directed them to develop a comprehensive action plan with a detailed standard operating procedure (SOP) to address such concerns. The directions required the government agencies and police to develop the mechanism within eight weeks of the issuance. On Thursday, the court sought an update on the matter and posted the hearing on May 19, when government and police officials were asked to remain present. In his plea, ..

'Not in control, lives in own world': HC slams Ramdev over Rooh Afza video

Delhi High Court slams Ramdev for repeating Rooh Afza remarks, says he ignored court orders and may face contempt action

Dabur's '100% fruit juice' claim misleading: FSSAI to Delhi High Court

Dabur India manufactures the 'Real' brand of fruit juices in India, and uses the label of '100 per cent fruit juice' on its packaging

Delhi Press Patra Prakashan sues BCCI over ILP's robot dog's name 'champak'

The robotic dog was recently introduced by BCCI in partnership with global technology company wTVision and Omnicam. It made its debut during this IPL season.

Delhi HC orders status quo on 95 more EVs leased to Gensol, BluSmart

Appoints court receiver for upkeep, maintenance of cars, asks Gensol, BluSmart to not interfere