Page 50 - Delhi High Court

NCLT has power to decide IBC disputes, not HC: Go First RP to Delhi HC

Kaul also questioned which resolution applicant would be interested in the Corporate Debtor if it's not revived?

Landlords can't be deprived of beneficial enjoyment of property: HC

Landlords cannot be deprived of beneficial enjoyment of their property and are vested with the right to decide how to utilise their possessions, the Delhi High Court said on Wednesday while upholding an order for vacation of tenanted premises. The high court said it is trite law that a tenant cannot dictate to the landlord as to how the property has to be utilised. Landlords cannot be deprived of the beneficial enjoyment of their property. Further, the court is not to sit on the armchair of landlords to dictate as to how the property should be utilised. It is the sole discretion of the landlords to get all the tenanted premises vacated and use as per their need, Justice Jasmeet Singh said. The high court passed the judgement while dismissing a revision petition filed by a tenant challenging a trial court's order of eviction of a shop at Shyama Prasad Mukherjee Marg here. The landlord said he and his son are joint owners of the property, where several shops have been given on rent,

Delhi High Court grants bail to Avtar Singh Kochar in ED, Mcoca case

The Delhi High Court on Wednesday granted bail to Avtar Singh Kochar in the money laundering as well as in the MCOCA case

Ashneer Grover fined Rs 200,000 for defamatory content on BharatPe

The court has directed the fine to be deposited with the Delhi High Court Clerks Association

HC imposes Rs 2 lakh as costs on Ashneer Grover over posts on BharatPe

The Delhi High Court on Tuesday imposed Rs 2 lakh as costs on BharatPe co-founder Ashneer Grover in the matter related to his alleged defamatory social media posts against the fintech company. Justice Rekha Palli took on record the apology and the undertaking given by Grover but proceeded to impose costs on him, saying the "court cannot be taken for granted". The judge, while dealing with a plea by Resilient Innovations Pvt Ltd - which owns BharatPe - against its former MD, said the court was "appalled" to note the "persistent" and "blatant" violation of the earlier orders and assurances given by Grover in this regard. "Taking into account that defendant no 2 is now filing an affidavit specifically undertaking not to post any such defamatory posts in future and is also apologising for his past behaviour, this court is inclined to close the matter at this stage by binding the defendant no 2 to his undertaking. This is, however, subject to a payment of costs of Rs 2 lakh," the court

Delhi HC imposes Rs 2 lakh fine on Ashneer Grover for violating court order

Ashneer Grover tendered an unconditional apology. Though the court accepted the apology, however, it said that it is subject to him paying the costs to Delhi High Court Clerk Association

Centre, Delhi's stand sought on PIL against nursing courses only for women

The Delhi High Court on Tuesday sought the stand of the Centre and city government on a petition challenging provisions allowing only female candidates to apply for admission to B.Sc (Hons) Nursing courses offered by AIIMS, Guru Gobind Singh Indraprastha University and Delhi University. A bench of Acting Chief Justice Mamohan and Justice Mini Pushkarna issued notice on the public interest litigation by the Indian Professional Nurses Association and asked the governments as well as the institutes and Indian Nursing Council to file their replies within four weeks. Advocate Robin Raju, appearing for the petitioner, said the petition challenged the gender-based eligibility and that in view of the shortage of nurses in the country, persons of all genders should be permitted to apply to the course. The plea said the petitioner was a non-governmental registered body working for the welfare of nurses across India and was moving the instant petition to highlight the concern that even today .

PMLA proceedings can't continue for quashed scheduled offences: Delhi HC

Prosecution for money laundering cannot continue for a scheduled offence under an FIR which is compounded and quashed, the Delhi High Court has said. It, however, clarified that the Enforcement Case Information Report (ECIR) by the Enforcement Directorate (ED) in such a case cannot be quashed completely if there is another FIR with respect to the same cause of action to legitimise the existence of the money laundering probe. The high court's order came on a petition by a money laundering accused seeking to quash the ECIR registered against him on the basis of two Delhi Police FIRs in connection with alleged siphoning funds collected by him for the development of a real-estate project. The petitioner said the jurisdictional fact which formed the basis of the ED investigation has now come to an end with the compounding and quashing of the FIRs pursuant to a settlement, and hence, the ECIR and the subsequent proceedings cannot continue any longer. The ED opposed the petition on the ..

Delhi HC asks MCD to allow religious programme at Anand Vihar ISBT

The Delhi High Court Friday directed the MCD to grant permission to a hawkers association to organise a religious programme near the Anand Vihar Inter State Bus Terminus gate, provided the area is available. The high court also noted that the police have already granted a no-objection certificate to petitioner Mahila Hawkers Welfare Association for holding a 'Maa Bhagwati Jagran' -- to be held on Saturday -- on the service road near the 'In' gate of Anand Vihar ISBT. "It is stated by the counsel for the petitioner that they have already received the NOC from the Deputy Commissioner of Police. However, no sanction has been received from the MCD. "In view of the fact that police has already granted permission, in case the area is available, the MCD is directed to grant permission to the petitioner for the said event," Justice Subramonium Prasad said. During the hearing, additional standing counsel Prashant Manchanda, representing the Delhi Police, said permission was already granted

Follow orders if you want to do biz in India: HC to domain name registrars

The Delhi High Court on Friday cautioned domain name registrars (DNRs) against non-compliance of judicial orders and said if they want to do business in India, then they should follow its directions on taking action against those indulging in illegal activities online, or run the risk of being "blocked" by MEITY. A bench headed by Acting Chief Justice Manmohan said DNRs cannot "become instrument of syndicating scams" and called upon them to "remain vigilant" in the face of misuse of known trademarks to register websites to carry out illegal and fraudulent activities. "If you have to do business in India, we will lay guidelines and you have to comply. We will lay down a mechanism.. These (DNRs) people have to comply. We can't allow millions to be cheated. Some serious matter is going on here," said the bench, also comprising Justice Mini Pushkarna. The court observed that there was a huge magnitude of business in the country for DNRs who cannot be allowed to become "scam units". "We

BharatPe takes fresh legal action against co-founder Ashneer Grover: Report

The case is in addition to the earlier civil suit filed by Resilient Innovations against Ashneer Grover

Taking steps to arrest absconding Virender Dixit: CBI tells Delhi HC

The CBI on Friday told the Delhi High Court it was taking steps to secure the arrest of absconding self-styled spiritual preacher Virender Dev Dixit who is facing rape charges. After perusing a status report filed by the investigating agency in a sealed cover, a bench headed by Acting Chief Justice Manmohan observed that the CBI was making "ernest efforts" to comply with the court's directions to take action against Dixit who has been absconding for several years. "He appears to be outside India. We will arrest him soon. We have taken help of Interpol," counsel for CBI told the bench, also comprising Justice Mini Pushkarna. The high court was hearing a 2017 petition filed by NGO Foundation for Social Empowerment, represented by lawyer Sravan Kumar, alleging that several minors and women were illegally confined at Dixit's "spiritual university" -- Adhyatmik Vishwa Vidhyalaya, Rohini and were not allowed to meet their parents. The bench asked the CBI to file a fresh status report in

Bamnoli land case: HC asks 'The Wire' to remove article on Delhi chief secy

The Delhi High Court on Wednesday directed news portal The Wire to take down an alleged defamatory article casting aspersions on Chief Secretary Naresh Kumar in relation to the Bamnoli land acquisition matter. In an interim order, Justice Sachin Datta granted ad-interim injunction in favour of the chief secretary and also directed the news portal and its reporter concerned to take down the article and the offending tweets. "I have granted an ad-interim injunction. I have directed defendant no. 2 and 2 (The Wire and its reporter) to take down the article and the offending tweets," the judge said while pronouncing the order. The detailed order is awaited. On Tuesday, the high court had reserved its order on the officer's plea seeking interim relief in the defamation suit. The defamation suit was filed in relation to a news article on November 9 which alleged links of the chief secretary's son to the beneficiary's family. The 19-acre land in question was acquired by the National Hig

HC grants time to Oppn to reply to plea against use of INDIA acronym

The Delhi High Court on Wednesday granted time to several opposition parties to respond to a petition to restrain them from using the acronym INDIA (Indian National Developmental Inclusive Alliance). A bench headed by Acting Chief Justice Manmohan also granted time to the Centre to file its reply to the public interest litigation which alleged that by using INDIA acronym, the parties were taking "undue advantage in the name of our country". "We need a week-ten days more time to put in our reply," Additional Solicitor General Chetan Sharma submitted on behalf of the central government. Senior advocate Abhishek Manu Singhvi, who represented nine political parties including Congress, Trinamool Congress, DMK and others, said there were "preliminary objections" against the petition and the Supreme Court has already dealt with the issue. On the last hearing, he had said the petition was not maintainable. The bench, also comprising Justice Mini Pushkarna, listed the matter for hearing on

Spouses capable of earning should not burden their partner: Delhi HC

The Delhi High Court stated that maintenance provisions under the Hindu Marriage Act, 1955 (HMA) are gender neutral

Delhi High Court to hear pleas seeking Uniform Civil Code on Dec 1

The Delhi High Court Monday listed for hearing on December 1 a batch of petitions seeking a Uniform Civil Code (UCC) and observed that it "cannot do anything" if the issue has already been decided by the Supreme Court. A bench headed by Acting Chief Justice Manmohan observed that in March, a top court bench had already declined a plea for "gender neutral" and "religion neutral" laws filed by lawyer Ashwini Kumar Upadhyay, one of the petitioners before the high court as well. The court deferred further hearing on the petitions while noting that none appeared for the petitioners during the proceedings and Upadhyay was yet to place on record his prayers in the petition before the Supreme Court. "Supreme Court has already decided the matter virtually... If the matter is covered by Supreme Court then we can't do anything," the bench, also comprising Justice Mini Pushkarna said. In April, a division bench headed by the then Chief Justice Satish Chandra Sharma had said that Upadhyay's ...

10-yr reopening of I-T assessment applies to serious cases: Delhi HC

Only in cases where there is evidence of concealing income above Rs 50 lakh, says court

AAP's Raghav Chadha moves HC challenging summons in defamation complaint

AAP leader Raghav Chadha on Monday approached the Delhi High Court challenging the summons issued to him by a trial court in a criminal defamation complaint filed by Delhi BJP leader Chhail Bihari Goswami. As the matter came up before Justice Swarana Kanta Sharma, Chadha's counsel said that they wanted to file certain additional documents in the case and sought some time. The high court listed the matter for hearing on December 11. A magisterial court had earlier issued summons to AAP leaders Satyendar Jain and Raghav Chadha in the defamation complaint and the sessions court upheld it on November 9, saying that the summoning order was perfectly correct and legal on facts as well as in law. Chadha challenged the sessions court order before the high court. Goswami had filed the complaint before a metropolitan magistrate here accusing Jain, a former Delhi minister and sitting MLA, and Chadha, a Rajya Sabha MP from Punjab, of having made alleged defamatory remarks against him over Nor

Delhi HC orders high powered committee on pvt schools' staff salary issue

The Delhi High Court has directed the city government to constitute a high powered committee to supervise implementation of recommendations and guidelines of the sixth and seventh Central Pay Commission (CPC) dealing with salaries and arrears to staff of private unaided schools and recognised private unaided minority schools here. Terming education as an invincible weapon for empowering the next generation, the high court said the regulating authority has to exercise certain control to ensure that uniform quality of education was provided to every student of the country. The high court said the committee shall be constituted at Central and Zonal level and also directed the Directorate of Education (DoE) to issue a notification within two weeks for the purpose of convening zonal committee, wherein, various stakeholders including teaching and non-teaching staff of several schools, who are aggrieved by the nonimplementation of the Pay Commission, shall file their claim before the ...

Everything about Nimisha Priya, Indian nurse sentenced to death in Yemen

Nimisha Priya has been convicted for the murder of Talal Abdo Mahdi, a Yemeni citizen