Page 53 - Delhi High Court

PayPal ruling may help India in FATF review of anti-black money regime

A recent Delhi High Court ruling that declared American online payment gateway PayPal a 'reporting entity' under the anti-money laundering law will boost India's efforts to show that its financial systems, currently under a FATF review, are becoming "robust", financial investigators have said. The court of Justice Yashwant Verma on July 24 ruled that PayPal was liable to be viewed as a payment system operator under the Prevention of Money Laundering Act (PMLA) even as it quashed a Rs 96 lakh penalty imposed on the firm imposed by the Financial Intelligence Unit (FIU) in December 2020. The Financial Action Task Force (FATF), a Paris headquartered global body, leads action against money laundering and terrorist financing crimes. A review of the Indian anti-money laundering systems is currently underway and a visit of the FATF team is expected to commence in November. Top officials in financial law enforcement agencies told PTI that the categorisation of PayPal as a reporting entity ..

Ensure 5% quota to specially-abled candidates in educational institutes: HC

The Delhi High Court has asked the city government to ensure five per cent reservation for specially-abled candidates in all educational institutions and that the mandate of the Rights of Persons with Disabilities Act is followed. A bench headed by Chief Justice Satish Chandra Sharma also asked Guru Gobind Singh Indraprastha University to reserve seats for specially-abled persons as per the law. The court's order came on a public interest litigation which alleged that the respondent university was not providing five per cent reservation to specially-abled persons following the provisions of the Rights of Persons with Disabilities Act, 2016. The bench, also comprising Justice Saurabh Banerjee, observed the university was providing a five per cent quota to specially-abled persons in all courses and no further orders need to be passed. It, however, said the Delhi government and the university "shall make all possible endeavour for filling up the seats meant for specially-abled persons

HC grants bail to ex-MP Vijay Darda, his son Jayaswal in coal scam case

The Delhi High Court on Friday gave interim bail to former Rajya Sabha MP Vijay Darda, his son Devender and businessman Manoj Kumar Jayaswal, who were sentenced to four years in jail in a case related to irregularities in the allocation of a coal block in Chhattisgarh. Justice Dinesh Kumar Sharma issued notice and sought the Central Bureau of Investigation's response on appeals filed by the three men challenging their conviction and sentence in the case. The high court also asked the CBI to file its response to the convicts pleas seeking suspension of their four-year jail term. The Dardas and Jayaswal, who were on bail during the trial, were taken into custody on July 26, immediately after the trial court passed the sentencing order. The CBI counsel opposed the plea for suspension of the sentence and said they will file a detailed reply. The high court has listed the matter for further hearing on September 26.

Disclosure of minor rape victim's identity by Rahul against law: NCPCR

The National Commission for Protection of Child Rights (NCPCR) told the Delhi High Court on Thursday that social media posts by Congress leader Rahul Gandhi "revealing the identity" of a minor Dalit girl, raped and killed in 2021, was in violation of the law protecting the identity of the victim. The child rights body presented its stand before the court in an affidavit filed by it on a petition seeking registration of an FIR against Gandhi for publishing a photograph with the parents of the victim that led to her identification. "Shri Rahul Gandhi posted a picture of his meeting with the parents of the minor victim girl on his social media accounts thereafter revealing the identity of the minor girl. The tweet/post of .. Shri Rahul Gandhi is in the violation of provisions of Juvenile Justice Act, 2015 which makes it explicitly clear that any information including family details should not be published in any form of media which could lead to the identification of any minor victim,"

Delhi HC fines restaurant associations Rs 1 lakh over service charge rules

Centre said that since the guidelines issued by the CCPA in July last year, more than 4,000 complaints have been registered on the National Consumer Helpline

Delhi HC permits St Stephen's College to hold interviews for minority seats

The Delhi High Court has permitted the St Stephen's College to conduct interviews for granting admission to students under the minority quota besides taking into consideration their common university entrance test scores. A bench headed by Chief Justice Satish Chandra Sharma similarly permitted the Jesus and Mary College to hold interviews for the seats reserved for minority category students. The court's order came on applications by the two minority colleges to stay a December 8, 2022, decision of the executive council of the Delhi University (DU) insisting on 100 percent weightage for CUET 2023 score for admission to minority quota. The applications were filed in petitions by the colleges challenging the notification. Besides the pleas of the two colleges, the court order was also passed on a petition by a woman, Sharon Ann George, against the interviews for minority students at the St Stephen's College in addition to the CUET. The court, in its order, observed that in an earli

SC 'amazed' at order passed by Allahabad HC, calls it self-contradictory

From Gyanvapi to ED director Sanjay Kumar Mishra's tenure, here are important developments from the apex court on Wednesday

Delhi High Court's Paypal order to impact fintech compliance costs

US-based PayPal and other payment operators in India will face increased regulatory costs due to the recent Delhi High Court ruling on compliance with the Prevention of Money Laundering Act

Agreed to ban two veterinary drugs to conserve vultures: Centre to Delhi HC

The Delhi High Court was informed on Tuesday that experts have agreed to ban two veterinary drugs used for the treatment of livestock because of their adverse impact on vultures. The statement was made by the Health Ministry and Central Drugs Standards Control Organisation (CDSCO) in a public interest litigation (PIL) by lawyer Gaurav Bansal raising concerns about the decline in the vulture population allegedly on account of the use of certain veterinary drugs. "The matter was referred to the Department of Animal Husbandry and Dairying (DAHD) and the Ministry of Agriculture and Farmer's Welfare for their expert opinion. "Further, the matter was examined by the DAHD in consultation with the subject experts and it was recommended to impose a ban on the veterinary drugs Ketoprofen and Aceclofenac for treatment of livestock to conserve vultures," the reply affidavit dated July 21 said. It stated that "the matter was deliberated and further it was agreed to prohibit the manufacture, sal

SpiceJet chief Ajay Singh asked to be present during hearing at Delhi HC

The court also issued notice to SpiceJet and Singh to file an affidavit disclosing their assets before the next hearing

Every citizen has right to hold passport, renewal can't be refused: HC

Every citizen has a legal right to hold a passport and authorities cannot refuse to renew it merely on an apprehension that the earlier passports might have been misused, the Delhi High Court has said. The court, while dealing with a petition by an Indian citizen seeking a change in the date of birth mentioned in his passport, said denial of the travel document seriously impedes the rights of a citizen, and the authorities can refuse to renew a passport or cancel it only on grounds prescribed in law. In the present case, the authorities had refused to renew the petitioner's passport with the updated date of birth on the ground that the claim for correction did not seem to be genuine. The counsel for the passport authority told the court that approximately 14 years have passed since the issuance of the first passport to the petitioner, and he might misuse the travel document if the same is renewed or re-issued with a new date of birth. Rejecting the objection, the court noted that t

Steps taken to provide relief to flood-affected families: Delhi govt to HC

The Delhi government told the high court on Monday that it has taken steps to provide relief to those affected by the flooding of the Yamuna river this month. The counsel for the government submitted before a bench headed by Chief Justice Satish Chandra Sharma, which was hearing a public interest litigation (PIL) matter seeking free ration, medical assistance etc. at the relief camps here, that a cabinet decision has been taken to provide a financial assistance of Rs 10,000 each to the affected families and shelter has also been given to them. The bench, also comprising Justice Saurabh Banerjee, asked the government to file a status report on the issue and listed the matter for further hearing on September 13. Standing counsel Santosh Kumar Tripathi, who appeared in the court on behalf of the Delhi government, also raised "serious objections" against the petition, saying it was filed without any due diligence or approaching the authorities first and "reflects as if nothing has been

HC refuses to interfere with trials exemption to wrestlers Vinesh, Bajrang

The Delhi High Court Saturday refused to interfere with the exemption granted to top wrestlers Vinesh Phogat and Bajrang Punia from Asian Games trials. Justice Subramonium Prasad dismissed the petition by Under-20 World Champion Antim Panghal and Under-23 Asian Champion Sujeet Kalkal against the direct entry allowed to Phogat and Punia to participate in the tournament. Writ petition is dismissed, the judge said. A detailed copy of the order is awaited. Phogat (53kg) and Punia (65kg) were given direct entry for the Asian Games by the Indian Olympic Association's ad-hoc committee on Tuesday, while other wrestlers will have to earn their places in the Indian squad through selection trials on July 22 and 23. Panghal and Kalkal moved the high court on July 19 challenging the exemption and demanded a fair selection process for the quadrennial showpiece event. The petition, moved by advocates Hrishikesh Baruah and Akshay Kumar, had demanded that the directive issued by the IOA ad-hoc ..

HC awards Rs 2 cr to army officer in defamation case against news portal

The Delhi High Court has awarded Rs 2 crore to an Indian Army officer for the loss of reputation suffered by him on account of a 2001 "expose" by a news portal alleging his involvement in corruption in defence procurement. Justice Neena Bansal Krishna, while deciding a lawsuit by Major General M S Ahluwalia, on Friday directed that the amount shall be paid by Tehelka.Com, its owner M/s Buffalo Communications, its proprietor Tarun Tejpal and two reporters, Aniruddha Bahal and Mathew Samuel. Stating that there can't be a more blatant case of causing serious harm to the reputation of an honest army officer, the judge observed that an apology after 23 years of publication was "not only inadequate but is meaningless". The court, however, said the plaintiff was not able to prove any act of defamation on the part of Zee Telefilm Ltd and its officials by telecasting the story in question following an arrangement with the news portal. The court observed that the plaintiff not only faced ...

Won't implement Glyphosate curb till further order: Govt to Delhi HC

Glyphosate usage saw a manifold rise, once Ht BT cotton started getting illegally cultivated in India

HC to hear on Monday plea seeking immediate measures at flood relief camps

The Delhi High Court on Friday agreed to hear on July 24 a plea seeking direction to authorities for immediate steps to provide free rations, medical assistance and essential medicines at the flood relief camps in the city. The plea was mentioned for urgent listing before a bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula which listed the matter for hearing on Monday. The plea stated that around 25,000 people were affected by the recent flood in the national capital and complained of a lack of proper sanitation facilities and food at the relief camps. "Flood management being a state subject, the primary onus is upon states to take steps to deal with it," petitioner Dr Akash Bhattacharya, a former assistant professor of Azim Premji University, said. The plea, filed through advocate KR Shiyas, said the unprecedented flood rendered hundreds of people, who reside on the Yamuna floodplains, homeless. "In the alarming and unprecedented situation, the state machine

HC quashes trial court's FIR order against VHP leader over hate speech

The Delhi High Court on Friday quashed an order which had directed lodging of an FIR against Vishwa Hindu Parishad leader Alok Kumar for allegedly giving hate speech during a rally in 2019. Justice Swarana Kanta Sharma allowed the petition filed by Kumar challenging the trial court's February 18, 2020 order. The trial court order had come on a complaint by activist Harsh Mander, who had alleged that Kumar gave hate speech during the rally.

Row over services: HC refuses to entertain plea against Centre's ordinance

The Delhi High Court Thursday refused to entertain a plea challenging the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, promulgated by the Central Government. A bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula noted that the issue of challenging the constitutional validity of the ordinance is already pending before the Supreme Court and granted liberty to the petitioner to approach the apex court. "Will the Supreme Court and the high court hear the same matter? You approach the Supreme Court," the bench said. The high court allowed the petitioner to withdraw the petition. "It is noticed that the challenge to the constitutional validity in respect of such ordinance is pending before the Supreme Court and the matter is listed today. "The petitioner seeks withdrawal of the petition with a liberty to moved an appropriate application in the pending matter. The writ petition is disposed of as withdrawn with the liberty," the bench

HC seeks WFI stand on challenge to Asian Games trial exemption to wrestlers

The Delhi High Court on Thursday asked the ad-hoc panel running the affairs of the Wrestling Federation of India (WFI) to state before it the reasons for exempting top wrestlers Vinesh Phogat and Bajrang Punia from the Asian Games trials. Justice Subramonium Prasad, while hearing a petition by Under-20 World Champion Antim Panghal and Under-23 Asian Champion Sujeet Kalkal against the direct entry granted to Phogat and Punia, asked the sports body to file its response during the day. "If it (basis for selection) is just, fair and reasonable, it is the end of the matter," said the judge as he listed the matter for further hearing on Friday. The court also asked for the laurels won by the two athletes, who have been selected automatically, to be shown to it. During the hearing, the court asked the counsel for the ad-hoc WFI panel to state what was the basis for the selection besides Phogat and Punia being good sportspersons as the entire case of the petitioners was that there has to b

Delhi HC seeks WFI's stand on challenge to Asian Games trials exemption

The Delhi High Court on Thursday asked the Wrestling Federation of India (WFI) to state before it the basis for the exemption grant to wrestlers Vinesh Phogat and Bajrang Punia from the Asian Games trials. Justice Subramonium Prasad, while hearing a petition by Under-20 World Champion Antim Panghal and Under-23 Asian Champion Sujeet Kalkal against the direct entry handed to Phogat and Punia, asked the sporting body to file its response during the day. "If it (basis for selection) is just, fair and reasonable, it is the end of the matter," said the judge as he listed the matter for hearing on Friday. The court asked the counsel for the WFI to state what was the basis for selection besides Phogat and Punia being good sportspersons. Phogat (53kg) and Punia (65kg) were given direct entries for the Asian Games by the Indian Olympic Association's ad-hoc committee on Tuesday while other wrestlers will have to book their places in the Indian squad through selection trials on July 22 and ..