Page 58 - Delhi High Court

Delhi HC refuses to stay demolition of slums at site allotted for NDRF Hq

The Delhi High Court on Tuesday refused to stay the demolition of a slum cluster at the site allotted to the NDRF for construction of its headquarters but directed that the exercise be carried out on June 15 instead of June 2. Justice Tushar Rao Gedela, while hearing a petition by the residents of the slum cluster Priyanka Gandhi Camp in Vasant Vihar, asked Delhi Urban Shelter Improvement Board (DUSIB) to consider the plea of the petitioners for rehabilitation and shift them to a temporary shelter in the meantime. "Notice of demolition dated May 19, 2023, which will be enforced from June 2, 2023, be extended to June 15, 2023.. We have not stopped. We are not staying it. We are saying shift the date, the deadline," said the judge. The counsel for the petitioner said the families have been residing in the area for the last three decades and were entitled to rehabilitation under the relocation policy of 2015 as the cluster was part of an additional list of 82 slums covered by it. She

HC to decide which court to hear wrestler's plea against WFI chief

The Delhi High Court Tuesday issued notices to its Registrar General, the city government and the police in order to decide which court shall hear the plea of the minor wrestler, who is among the seven female grapplers who have accused Wrestling Federation of India President Brij Bhushan Sharan Singh of sexual harassment. The issue arose as the cases related to sexual offences against minors have to be heard by a special court set up under the Protection of Children from Sexual Offences (POCSO) Act. Patiala House Court is the jurisdictional court for hearing POCSO cases. However, the cases involving legislators are heard by a special MP/MLA court which is in the premises of Rouse Avenue Court. The women wrestlers have filed a plea before a trial court seeking monitoring of the investigation and recording of the statement of the alleged victims before the court. A similar plea was also filed by the wrestler who is a minor. Additional Chief Metropolitan Magistrate (ACMM) Harjeet Sing

Liquor policy case: Sisodia to move SC against HC's rejection of bail plea

Former Delhi Deputy Chief Minister Manish Sisodia will move to Supreme Court against the Delhi High Court's rejection of his bail plea, informed the legal team of the Aam Aadmi Party (AAP) leader

Delhi HC denies bail to Manish Sisodia in Delhi excise policy scam

The Delhi High Court on Tuesday dismissed the bail plea of former deputy chief minister Manish Sisodia in the excise policy scam being probed by the CBI. Justice Dinesh Kumar Sharma denied the relief to the AAP leader, who was arrested on February 26, saying the allegations against him are very serious in nature. The high court, while pronouncing its verdict on the bail plea, said Sisodia is an influential man and the possibility that witnesses could be influenced if he is released on bail cannot be ruled out. The CBI had arrested Sisodia for alleged corruption in the formulation and implementation of the now-scrapped Delhi Excise Policy 2021-22 following several rounds of questioning. He has challenged the March 31 order of a trial court which had dismissed Sisodia's bail plea in the matter, saying he was "prima facie the architect" of the "scam" and had played the "most important and vital role" in the criminal conspiracy related to alleged payment of advance kickbacks of Rs 90-1

Delhi HC dismisses plea challenging Rs 2,000 note exchange without id

From granting bail to real estate developer in money laundering case, to issuing a notice to separatist leader Yasin Malik, here are important cases heard in the Delhi High Court today

HC dismisses plea challenging RBI move on Rs 2,000 note exchange without id

The Delhi High Court on Monday dismissed a petition challenging the notifications enabling the exchange of Rs 2,000 denomination currency notes without any requisition slip and ID proof, saying it has been done to avoid inconvenience to citizens, and the court cannot sit as an appellate authority on a policy decision. The high court maintained it cannot be said that the government's decision is perverse or arbitrary or it encourages black money, money laundering, profiteering or abets corruption. A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said this is purely a policy decision of the government and courts should not sit as an appellate authority over the decision taken by the government. The high court said the Public Interest Litigation (PIL) is devoid of merits and dismissed the petition filed by advocate Ashwini Kumar Upadhyay who challenged the notifications by the RBI and SBI enabling exchange of Rs 2,000 banknotes without requisition slip and

Delhi HC rejects plea against RBI, SBI notice on exchange of Rs 2,000 notes

Petition says says exchange without a requisition slip and ID is arbitrary and irrational; RBI counsel says banking regulator's notification was a statutory exercise, not demonetisation

HC dismisses plea challenging decision over Rs 2,000 banknote exchange

The Delhi High Court on Monday dismissed a plea challenging notifications enabling exchange of Rs 2,000 currency notes without any requisition slip and ID proof. A bench of Chief Justice Satish Kumar Sharma and Justice Subramonium Prasad rejected the petition, which has challenged the notifications by the RBI and SBI enabling exchange of Rs 2,000 banknotes without requisition slip and identity proof. A detailed order is awaited. Petitioner and advocate Ashwini Kumar Upadhyay submitted that a large amount of currency has reached either an individual's locker or has been hoarded by separatists, terrorists, Maoists, drug smugglers, mining mafias and corrupt people. The plea submitted that the notifications were arbitrary, irrational and offend Article 14 of the Constitution. The Reserve Bank of India (RBI) has defended before the high court its notification, saying it is not demonetisation but a statutory exercise.

HC asks Centre to inform result of consultations to regulate e-pharmacies

The Delhi High Court has granted six weeks' time to the Centre to inform it about the outcome of consultations and deliberations with stakeholders on draft rules to regulate e-pharmacies. The court was hearing pleas seeking a ban on "illegal" sale of drugs online and challenging the draft rules published by the Ministry of Health and Family Welfare to further amend the Drugs and Cosmetics Rules. A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad made it clear that pendency of these matters will not come in way of the Central government in taking action against persons who are violating the court's December 12, 2018 interim order putting a stay on the sale of drugs without licence by online pharmacies. On perusing the latest status report filed by the Centre, the court noted it has been categorically stated that the Union of India has not yet finalised the draft notification of August 2018 and it is pending for consultation and deliberations. The Union of

Delhi High Court provides relief to Ola, Rapido; stays taxi ban order

A division bench of Justices also directed Transport Department to refrain from taking any coercive measures against Rapido and other ride-sharing platforms until a comprehensive policy is formulated

NIA moves HC seeking death penalty for Yasin Malik in terror funding case

The National Investigation Agency (NIA) Friday approached the Delhi High Court seeking death penalty for separatist leader Yasin Malik, who was awarded life term by a trial court here in a terror funding case. The plea by the agency has been listed for hearing on May 29 before a bench of Justices Siddharth Mridul and Talwant Singh. On May 24, 2022, a trial court here had awarded life imprisonment to Malik, Jammu Kashmir Liberation Front (JKLF) chief, after holding him guilty for various offences under the stringent Unlawful Activities (Prevention) Act (UAPA) and the IPC. The trial court, which had rejected the NIA's plea for capital punishment, had said the crimes committed by Malik struck at the "heart of the idea of India" and were intended to forcefully secede Jammu and Kashmir from Union of India. These crimes were intended to strike at the heart of the idea of India and intended to forcefully secede J&K from UOI. The crime becomes more serious as it was committed with the ...

SC stays imposition of Rs 25 lakh on Abhishek Banerjee by Calcutta HC

From staying the imposition of Rs 25 lakh on TMC's Abhishek Banerjee to granting an interim bail to Satyendar Jain on medical grounds, here are important cases that the apex court heard today

HC closes PIL alleging gender bias in IAF, says there's no discrimination

The Delhi High Court has closed the proceedings in a PIL alleging gender bias and discrimination in the Indian Air Force (IAF) against women who were not employed as 'airmen' in the technical and non-technical grades in any of its departments, noting that pursuant to recruitment under the Agnipath scheme there is no gender discrimination now. A bench headed by Chief Justice Satish Chandra Sharma, in an order passed last week, recorded the Centre has stated on affidavit that it is now recruiting unmarried Indian male as well as female candidates in Army, Navy and Air Force under the Agnipath Scheme and no further court orders were required in this regard. The petitioner, Kush Kalra, had objected to the recruitment of only unmarried men to the post of 'airmen' in groups 'X' and 'Y' trades in all the departments of the force. Group 'X' trade refers to technical fields like aircraft and ground systems, while group 'Y' pertains to non-technical fields like logistics and accounts. An ...

DGCA required to deregister aircraft: Go First lessors to Delhi HC

Several aircraft lessors of Go First pitched before the Delhi High Court on Friday for deregistration of their planes by aviation regulator DGCA so they could take them back from the crisis-hit airline. The lessors submitted before the high court that denial of deregistration by the Directorate General of Civil Aviation (DGCA) is illegitimate. Justice Tara Vitasta Ganju, who heard the arguments advanced by the petitioner lessors for over an hour and half, listed the matter for May 30 for hearing the submissions of the respondents. The high court also asked the parties to file written submissions a day before the next hearing. The lessors who have approached the high court are Accipiter Investments Aircraft 2 Limited, EOS Aviation 12 (Ireland) Limited, Pembroke Aircraft Leasing 11 Limited and SMBC Aviation Capital Limited. With a moratorium in force on financial obligations and transfer of assets of Go First in the wake of the insolvency resolution proceedings, the lessors are una

Delhi HC dismisses Gandhis' pleas against I-T assessment transfer

The Delhi High Court on Friday dismissed petitions by Congress leaders Sonia Gandhi, Rahul Gandhi and Priyanka Gandhi Vadra against the Income Tax department's decision to transfer their assessments to the Central Circle, which is mandated to check tax evasion, instead of an ordinary assessment in a matter related to fugitive arms dealer Sanjay Bhandari. The court also rejected separate the petitions of Sanjay Gandhi Memorial Trust, Jawahar Bhawan Trust, Rajiv Gandhi Foundation, Rajiv Gandhi Charitable Trust, Young Indian and the Aam Aadmi Party, raising similar legal issues on transfer of their assessments to Central Circle. The Gandhis had challenged the January 2021 order issued by the Principal Commissioner (Income Tax) to transfer their cases for assessment year 2018-19 to the Central Circle. Central Circles, which are mandated to check tax evasion, take over the evidence gathered by IT's investigation wing during searches. This Court is of the view that the assessments of th

Delhi HC to hear PIL against withdrawal of Rs 2,000 banknotes on May 29

The withdrawal of Rs 2000 denomination banknotes from circulation was a currency management exercise and a matter of economic policy, the RBI informed the Delhi High Court on Friday. The court, which was hearing a public interest litigation challenging the RBI's decision to withdraw the banknote from circulation, posted the matter for hearing on May 29. A bench headed by Chief Justice Satish Chandra Sharma was asked by the RBI to defer hearing on the plea in light of the fact that the verdict stands reserved by the court on another PIL concerning the withdrawal notification. List the matter on Monday. Give a small note also, the bench, which also comprised Justice Subramonium Prasad, told the parties. RBI counsel, senior advocate Parag P Tripathi, said the present petition by Rajneesh Bhaskar Gupta was misplaced as withdrawal of Rs 2000 denomination banknotes was a currency management exercise and not demonetisation, and a matter of economic policy. This issue of alleged ...

Delhi HC dismisses Gandhis' pleas against income tax assessment transfer

The Delhi High Court on Friday dismissed petitions by Congress leaders Sonia Gandhi, Rahul Gandhi and Priyanka Gandhi Vadra against the Income Tax department's decision to transfer their assessments to the Central Circle instead of an ordinary assessment in a matter related to arms dealer Sanjay Bhandari. The court also rejected separate petitions, which raised similar legal issues, by Sanjay Gandhi Memorial Trust, Jawahar Bhawan Trust, Rajiv Gandhi Foundation, Rajiv Gandhi Charitable Trust, Young Indian and the Aam Aadmi Party. Gandhis challenged the order issued by the Income Tax principal commissioner to transfer their cases for assessment year 2018-19 to the Central Circle. Central Circles are mandated with checking tax evasion. They take over the evidence gathered by investigation wing during searches. The assessment of petitioners have been transferred to the Central Circle in accordance with law. The present writ petitions are dismissed, said a bench of Justices Manmohan and

Justice Pratibha recuses herself from Go First lessors' case against DGCA

Though Justice Singh gave no explanation about the reason for her recusal, it should be noted that her spouse Senior Advocate Maninder Singh was representing Go First in NCLAT

HC judge rejects pleas by Go First's lessors for release of leased planes

Justice Prathiba M Singh recused herself from hearing the four petitions without assigning any reason

Only a resident can become a civil defence volunteer, says Delhi HC

From Sisodia withdrawing his interim bail pleas to seeking response from Aaj Tak news channel, here are important cases heard in the day