Page 56 - Delhi High Court

HC to hear plea challenging UPSC Civil Services Exam prelims on July 3

The Delhi High Court has said it will hear on July 3 a plea challenging the preliminary examination of Civil Services Examination, 2023 conducted by the UPSC. The petition, filed by 17 civil services aspirants, seeking quashing of the Union Public Service Commission (UPSC) Civil Services Preliminary Examination, 2023, and for re-conducting the preliminary test and general studies paper 1 and 2 came up for hearing before a vacation bench of justice Manoj Jain. The plea also challenged the press note issued by the UPSC on June 12 declaring the results of the preliminary examination, and sought direction to the commission to publish the answer key with immediate effect. The judge ordered listing of the petition on July 3. During the hearing, advocate Naresh Kaushik, appearing for the UPSC, raised a preliminary objection on the maintainability of the petition, saying the Central Administrative Tribunal (CAT) was the competent forum for hearing the matter. The petition, filed through

HC seeks NCERT's response on plea against online bids from empanelled firms

The Delhi High Court has sought response of the Centre and the NCERT on a plea challenging online bids from firms currently empanelled for supply of items of the new kit 'Jaadui Pitara' developed by the organisation. The petition claimed that the National Council of Educational Research and Training (NCERT) while issuing corrigendum has set the one-sided and biased criteria of eligibility conditions and other requirements for bidders. The plea was listed before a vacation bench of Justice Amit Mahajan which asked the Ministry of Education and NCERT to file reply to the petition. Petitioner Samit Khanna, proprietor of Universal Sales, who has been dealing in manufacturing and distribution of toys since 2013 and registered under the Ministry of Micro, Small and Medium Enterprises, said he meets all the criteria set out by NCERT except the criteria of empanelled firm. The plea, filed through advocate Juhi Arora, said, "Due to the one-sided criteria set by the respondent no. 2, petitio

HC seeks Centre's stand on challenge to ban on fixed dose combination drugs

The Delhi High Court has sought the stand of the Centre on a petition by a pharmaceutical company challenging the government's decision to ban manufacture, sale and distribution for human use certain Fixed Dose Combination (FDC) drugs. FDC drugs are those which contain a combination of two or more active pharmaceutical ingredients (APIs) in a fixed ratio. While issuing notice on three petitions by Glenmark Pharmaceuticals Ltd against the ban, the court directed the FDC drugs produced by the petitioners that are already in the distribution channel shall not be withdrawn and no coercive steps will be taken against them. The petitioner was producing FDC drugs under the brand names Glencoff Q, Ascodex Dx Syrup, Ascoril-C Syrup and others, the court noted. The government had announced a ban on 14 FDC drugs on June 2 this year on the recommendations of an expert committee, saying there was "no therapeutic justification" for these medicines and they may involve "risk" to people. The cour

10K trees to be planted across Delhi from money recovered from defaulters

Trees serve as "carbon sump by absorbing pollution which plagues the city all year round, the Delhi High Court has observed while directing plantation of 10,000 trees across the national capital by utilising over Rs 70 lakh deposited by defaulting litigants as costs in several matters. Justice Najmi Waziri, who said such monies that are deposited in court are to be utilised for the larger public good, appointed four lawyers as court commissioners to identify the sites for the drive, preferably public roads. The judge observed that trees would incessantly and silently provide multiple benefits to the city and generations of its residents for as long as they are alive as not only would they serve as carbon sump to absorb pollution which plagues the city all year round but also lend beauty and grace. Over Rs 70 lakh are to be transferred into the bank account of the Deputy Conservator of Forests (DCF), GNCTD... Let the said monies be utilised by the DCF, with the assistance of PWD, ..

HC seeks presence of Delhi Waqf Board CEO over non-payment of salaries

The Delhi High Court has directed the chief executive officer of Delhi Waqf Board to come before it and explain the reasons for non-payment of salaries to board employees for several months in spite of a court order directing clearance of the outstanding dues. Justice Jyoti Singh said the petition of the Delhi Waqf Board Employees depicts a "very sorry" state of affairs as admittedly the employees have not received their salaries for nearly nine months. The authorities were totally insensitive to the plight of the employees who were finding it difficult to make two ends meet, the judge said. Prima facie, the court said, there is scant regard for court orders, as despite there being an assurance on the last date of hearing, there was no certainty as to when salaries would be paid and now the usual and casual response is that the matter is under consideration and there is deficiency of funds. In this view of the matter, this Court deems it appropriate to direct Md. Rehan Raza, Chief .

SC stays HC order granting bail to Unitech promoter's wife Preeti Chandra

The Supreme Court on Friday imposed an interim stay on a Delhi High Court order granting bail to Preeti Chandra, the wife of Unitech promoter Sanjay Chandra, in a money laundering case. A vacation bench of Justices Hima Kohli and Rajesh Bindal issued notice to Preeti Chandra on Enforcement Directorate's plea challenging the Delhi HC order. "Till further orders, operation of the impugned order dated June 14, 2023 shall remain stayed. At this stage, counsel for the respondent states that the respondent may be granted liberty to apply for temporary bail on health grounds. "As and when such an application is moved, the same shall be considered in accordance with law," the bench said. At the outset, Additional Solictor General Sanjay Jain, appearing for ED, informed the court that the bail order was kept in abeyance on ground of challenge before the apex court. The high court had on June 14 granted bail to Chandra and said the order will not take effect till June 16, after the Enforcem

Felling of trees should be last resort in city gasping for breath: Delhi HC

Felling of trees should be the last resort in a city gasping for breath, the Delhi High Court has said and stayed the clearing of a green patch of land in Vasant Kunj for a construction project. A vacation bench of Justice Jasmeet Singh observed the land has virtually become a bio-diversity park with beautiful trees as well as wildlife and birds. If any other alternative site is available for the complex, it must be looked at, the judge stated. "Till the next date of hearing, the respondents are restrained from clearing of land and felling of trees on the plot comprised in Sector A Pockets B&C, Vasant Kunj, New Delhi," said the court in an order passed on June 14. "In a city gasping for breath, I am of the view that felling of trees should be the last resort. In case, any other alternative site is available, the same must be looked at," the court said. The petitioner, a residents' welfare society in the area, has sought directions to the private builders as well as the Delhi ...

Delhi HC takes cognisance of fire at coaching institute in Mukherjee Nagar

The Delhi High Court on Friday took suo motu cognisance of the fire that broke out in a coaching centre in Mukherjee Nagar area here and asked the authorities to examine the safety status of such institutes in the city. A bench of Justices Jasmeet Singh and Vikas Mahajan took note of a news report of Thursday's incident which saw students of the coaching institute smash windows and climb down ropes in desperate attempts to escape. Issuing notice in the matter, the bench asked the Delhi Fire Service Department to examine the fire safety certificate of all coaching centres in the city and asked it, as well as the Delhi Police, to state its stand. Similarly, it also asked the Municipal Corporation of Delhi to look into the sanctioned building plans of such establishments. Issue notice.. counsel for Delhi Police and Delhi Fire Services will place their respective stands within two weeks from today, the court said. Delhi government standing counsel Santosh Kumar Tripathi said the safet

HC seeks Delhi govt stand on plea against lock-in period on auto transfer

The Delhi High Court has sought the stand of the city government on a petition against the restriction of a 5-year lock-in period on transfer of three-seater auto rickshaws (TSR) by the owners. Justice Manoj Kumar Ohri issued notice to the Delhi government on May 31 on the petition by Auto Driver Kalyan Union, which claimed to be working for the welfare of TSR vehicle owners and drivers. The Delhi government counsel said a policy decision will be taken to explore the feasibility of carving out exceptions, and sought time from the court to file a status report. Advocate Beenashaw N Soni, the counsel for the petitioner, submitted the lock-in period of five years before TSR autos could be transferred, is an unreasonable restriction, which is in existence only in the national capital. No such restriction has been imposed on any other public utility vehicle. The petitioner has said because of the lock-in period imposed by the Delhi government, the owners of TSR autos, who have purchas

Person facing casteism has right to change surname: Delhi High Court

The Delhi High Court has said that individuals have the right to change their surnames if they wish to not to be identified with a specific caste that could subject them to prejudice.

Rapido vs Delhi govt: SC stays permission for 2-wheeler taxi in Delhi

The SC was hearing two pleas filed by the Delhi govt against the Delhi HC order that allowed bike-taxi aggregators, Rapido and Uber, to operate till the final policy was notified by the govt

HC refuses to interfere with Railways' decision to issue IDs for disabled

The Delhi High Court has refused to interfere with the Indian Railway's decision to issue separate ID cards to disabled persons for availing concession instead of using the government-issued Unique Disability Identity (UDID) Card. A bench headed by Chief Justice Satish Chandra Sharma, while closing the proceedings on a PIL on the issue, noted that a policy decision was taken by Railways to issue a "Photo Identity Card" for disabled persons on the basis of disability certificates for purchase of concessional tickets and to ensure that they are not required to submit disability certificates whenever they buy a ticket. The bench, also comprising Justice Subramonium Prasad, said the procedure adopted by the Railways was fair and transparent and ordered, This Court does not find any reason to interfere with the circular dated 19.03.2015 (introducing the photo identity card) issued by the Railways and, therefore, no further orders are required to be passed in the present PIL. In the ...

'Discretion to choose HC, trial court to file anticipatory bail plea'

The Delhi High Court has said that applicants have the discretion to choose between the high court and trial court when filing an anticipatory bail plea

SC to hear Delhi govt against HC order staying notices to bike-taxi cos

The Supreme Court would hear on Monday two pleas filed by the Delhi government against the high court order permitting bike-taxi aggregators, Rapido and Uber, to operate in the national capital till notification of the final policy by the administration on plying of two-wheeler non-transport vehicles. The AAP government has challenged in the Supreme Court the May 26 order of the Delhi High Court asking it not to take any coercive action against the bike-taxi aggregators ill the final policy was notified. According to the cause list uploaded on the apex court web site, a vacation bench of justices Aniruddha Bose and Rajesh Bindal would hear the pleas of the AAP government on June 12. Let copies of both the petitions be served upon the learned Solicitor General so that the stand of the Union of India can be obtained, the bench had said in its order. Earlier, senior advocate Manish Vashisht, appearing for the Delhi government, said the high court's decision to stay the government's ..

HC seeks JMI stand on plea against removing SC/ST quota for teaching posts

The Delhi High Court sought a response from Jamia Millia Islamia (JMI) regarding a petition seeking an expedited hearing challenging the varsity's decision to implement religion-based reservation

Cattle smuggling case: Delhi HC to hear Anubrata's bail plea on July 4

Delhi High Court Friday listed for July 4 TMC strongman Mondal's plea challenging the trial court's order denying him default bail in the case registered by the ED related to multi-cr cattle smuggling

SC seeks Centre's stand on Delhi plea against order staying notice to Uber

The Supreme Court on Friday sought the Centre's stand on the Delhi government's plea challenging a high court order staying a notice to bike-taxi aggregators Rapido and Uber and allowing them to operate till the final policy has been notified. A vacation bench of justices Aniruddha Bose and Rajesh Bindal directed that the copy of the petitions be served to Solicitor General Tushar Mehta. "Let the copy of both petitions be served upon the Solicitor General so that views of the Union of India can be taken into account. List on Monday," the bench said. Earlier, senior advocate Manish Vashisht, appearing for the Delhi government, said the high court's decision to stay the government's notice till the final policy is notified is like virtually allowing the writ petition by Rapido. On May 26, while issuing a notice to the Delhi government on Rapido's plea challenging a law that excludes two-wheelers from being registered as transport vehicles, the high court directed that no coercive act

Delhi HC permits govt to release funds for Indian team for Special Olympics

The Delhi High Court has allowed the Centre to release funds to enable the participation of the Indian team in the upcoming Special Olympics World Games, 2023, modifying a 2022 order barring the government from providing assistance to sports federations not compliant with laws governing sports administration. The court passed the order after the Centre said it was finding it difficult to release money to facilitate the participation of athletes in the Special Olympiad in view of its earlier direction. The government told the court that it had granted permission on earlier occasions to release funds to help Indian teams participate in various sporting events. "In view of the above, this Court is inclined to permit the Union of India to release money for travel expenses, accommodation, etc. for the participation of Indian team in Special Olympics World Games, 2023," said a bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad in an order passed on June 2. Specia

Mother alone does not have right over child: HC in Shikhar Dhawan's case

Delhi court has ordered Aesha, estranged wife of cricketer Shikhar Dhawan, to bring their son to India for family gathering observing that a mother alone does not possess exclusive rights over a child

HC asks trial courts to allow hybrid hearing of cases without prior request

The Delhi High Court has directed the trial courts in the city to allow a hybrid hearing of the cases listed before them, without any prior request for the same from the parties. The court has directed to ensure that in matrimonial disputes, cases concerning child adoption and child custody, sexual offences or violence against women and those invoking the Protection of Children from Sexual Offences (POCSO) Act and the Juvenile Justice (Care and Protection of Children) Act, no one apart from the parties and their counsel can access or join the proceedings digitally. It has also said in case of in-camera proceedings or where a specific direction is issued by a judge, digital or physical access to the hearing should be limited to the persons concerned. "The district courts in Delhi shall permit any of the parties and/or their counsel to appear through hybrid/video-conferencing mode during court proceedings, without there being any requirement of a prior request for the same," the high