Page 16 - Delhi High Court

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

Delhi HC seeks ED response to Kejriwal's plea in excise policy case

The Delhi High Court on Wednesday sought the Enforcement Directorate's response on a plea by AAP convenor Arvind Kejriwal challenging a sessions court order upholding the summons issued to him in a money laundering case related to the alleged excise policy scam in the capital. Justice Ravinder Dudeja issued notice to the Enforcement Directorate (ED) on the petition and asked it to file the counter affidavit within six weeks. At the outset, the ED's counsel raised a preliminary objection over the maintainability of the petition and contended that this petition was in the form of second revision petition filed under the garb of a Section 482 (inherent power of high court) CrPC petition, which was not permissible. The high court asked the ED's counsel to mention all his objections, including preliminary objection, in his reply and listed the matter for hearing on September 10. Kejriwal has challenged a special court order dated September 17, 2024, by which his revision petition agains

'Needs huge investment': Delhi HC declines plea for virtual CIC hearings

The Delhi High Court on Wednesday refused to direct the Central Information Commission (CIC) to conduct virtual hearings underscoring "huge infrastructural investment". The bench's remarks came on a petition field by journalists who sought to attend the proceedings of the CIC through the physical and virtual modes. A division bench comprising Chief Justice D K Upadhyaya and Justice Anish Dayal directed them to approach the CIC with regards to physical hearing, noting that there was already an order by the commission in that regard. On the point of virtual hearing, the bench told the petitioners to move the Supreme Court where the issue relating to such facility before the commission was pending. "It is not as easy as you people perhaps trying to portray. There are issues which has prevented many high courts from going online. Online hearings are permissible but online streaming is not permissible. There are issues which must be realised by the members of the general public. It is n

Delhi HC tells Udaipur Files producer to screen film for those seeking ban

The Delhi High Court on Wednesday directed the producer of "Udaipur Files", a movie based on tailor Kanhaiya Lal murder case, to arrange its screening for those seeking a ban on it. The court's direction came after the makers claimed objectionable portions have been removed from the film. The bench was hearing petitions claiming that the movie has potential to inflame communal tensions and disrupt public order in the country. A division bench of Chief Justice DK Upadhyaya and Justice Anish Dayal directed the producers to arrange the screening for the counsel representing the petitioners on Wednesday itself and posted the matter for Thursday. The bench passed the directions after the Central Board of Film Certification (CBFC) told the court that the offending parts of the movie have been removed. The petitions, including one filed by Maulana Arshad Madani, Jamiat Ulama-i-Hind president and principal of Darul Uloom Deoband, have claimed that a trailer of the movie released on June 2

Delhi High Court grants interim protection to LNG terminal operators

Court grants interim relief to LNG operators challenging new registration norms under PNGRB's 2025 regulations

Lakshmi Puri defamation case: Delhi HC refuses to accept Gokhale's apology

The Delhi High Court on Tuesday refused to accept the written apology of TMC MP Saket Gokhale in a case over his alleged defamatory utterances against former diplomat Lakshmi Murdeshwar Puri. A bench of Justices Navin Chawla and Renu Bhatnagar was dealing with Gokhale's appeal against a single judge's July 1, 2024 verdict restraining the TMC leader from publishing further on social media or any online platform against Puri. The single judge also directed him to apologise to her and pay Rs 50 lakh in damages. The division bench said the contents of his affidavit couldn't be taken on record while asking Gokhale's counsel to withdraw the apology and file a fresh one. "This is not done you first withdraw this affidavit, then we will hear you," the bench told the counsel. The court said there was a difference in the two apologies' -- the one directed to be published by the single judge and the one filed by Gokhale. The matter would be heard on July 22. Senior advocate Amit Sibal, ...

Delhi High Court rejects Celebi's plea against revoked security permit

Delhi High Court upholds government's revocation of Celebi's security clearance, citing espionage concerns and the risk of dual-use logistics amid geopolitical tensions

Delhi HC dismisses 200+ defence ministry pleas against disability pension

The Delhi High Court has dismissed over 200 petitions of the Ministry of Defence challenging the Armed Force Tribunal's order holding a number of defence personnel entitled for disability pension for their respective disabilities. Disability pension cannot be denied to defence personnel solely on the ground that the onset of the disability occurred while they were posted at a peace station or by contending that it is a lifestyle disease, it said, while noting that military service is inherently stressful due to a combination of factors. A bench of Justices Navin Chawla and Shalinder Kaur said that granting disability pension is not an act of generosity but a rightful and just acknowledgement of the sacrifices endured by defence personnel which manifest in the form of disabilities/ disorders suffered during their military service. The purpose of granting disability pension to personnel of the Indian Armed Forces is to provide necessary financial support to those who have sustained a

HC restrains Patanjali from airing ads criticising Dabur Chyawanprash

The Delhi High Court restrained Patanjali Ayurved from airing TV ads disparaging Dabur's Chyawanprash products, following Dabur's plea for an injunction against the allegedly defamatory campaign.

Setback for Patanjali as HC orders to pull 'disparaging' ads against Dabur

Delhi High Court directs Patanjali to take down ads after Dabur claims its chyawanprash was unfairly targeted as 'inferior and unsafe', alleging misleading remarks in Baba Ramdev-led campaign