Page 63 - Delhi High Court

Shraddha murder case: HC restrains display of content from charge sheet

The Delhi High Court on Wednesday restrained all news channels from displaying or playing content of the charge sheet in the Shraddha Walkar murder case. Justice Rajnish Bhatnagar also directed the Centre to ensure that no news channel displays such material till disposal of the petition filed by Delhi Police. The order was passed on a plea by the Delhi Police seeking to restrain media houses from publishing, printing and disseminating confidential information contained in the charge sheet and other such materials collected during the course of investigation in the case. Special Public Prosecutor Amit Prasad submitted that Aaj Tak news channel has got access to narco analysis video of accused Aaftab Poonawala and the channel was restrained by the trial court from showing any such content. However, he said the order needs to be passed against all other channels also as the video might have been shared with others and if telecasted, it would prejudice the case. The high court listed

Lumpy skin disease: HC asks MCD to file report on burial of cattle in Delhi

The Delhi High Court Tuesday asked the Municipal Corporation of Delhi (MCD) to file a status report on burial of cattle in the national capital. The high court was hearing a plea seeking constitution of a team of veterinary doctors in each zone to deal with cases of lumpy skin disease in cattle and to set up isolation wards for treatment of the infected animals. A bench of Chief Justice Satish Chandra Sharma and Justice Yashwant Varma granted two weeks to the MCD to place on record the report and listed the matter for further hearing on May 17. During the hearing, the court was informed that the municipal body has a specialised burial ground for cattle in Gazipur and the responsibility of disposal of animals rests with it. Advocate Ajay Digpaul, appearing for the MCD, sought time to file on record a report on burial of cattle. The high court had earlier issued notice and sought the response of the Delhi government and the Municipal Corporation of Delhi to the petition which also

Delhi HC grants MeitY time to frame rules for content on OTT platforms

The Delhi high court listed the matter for the next hearing on April 25

Excise Case: Delhi HC seeks ED's response on Amandeep Singh Dhall bail plea

Amandeep Singh Dhall is presently confined in Tihar Jail in Judicial Custody in connection with a money maundering case, which is tied to excise case

Delhi HC asks Centre to respond to plea for linking property with Aadhaar

The Delhi High Court on Monday asked the Centre to file reply on a plea seeking linking of immovable and movable property documents of citizens with their Aadhaar numbers to curb corruption, black money generation, and 'benami' transactions. A bench of Chief Justice Satish Chandra Sharma and Justice Yashwant Varma granted four weeks to the ministries of Finance, Law, Housing and Urban Affairs and Rural Development to file their responses to the petition. The bench, which orally observed that it a good matter and let replies come, listed the matter for further hearing on July 18. During the hearing, Additional Solicitor General Chetan Sharma along with Central government standing counsel Manish Mohan, representing the Centre, termed the issue as an important one. Petitioner and lawyer Ashwini Upadhyay said it is the duty of the state to take appropriate steps to curb corruption and seize 'benami' properties amassed by illegal means to give a strong message that the government is ...

Aaditya Thackeray, Sanjay Raut oppose defamation plea filed by MP in HC

Shiv Sena (Uddhav Balasaheb Thackeray) leaders Aaditya Thackeray and Sanjay Raut on Monday opposed before the Delhi High Court a defamation plea filed against them by Maharastra MP Rahul Ramesh Shewale for allegedly levelling frivolous corruption charges against him and the Eknath Shinde-led Shiv Sena faction. While Raut's counsel submitted that they have a right to criticise in a democratic space, former Maharashtra minister Aaditya Thackeray said there was nothing slanderous about the political statements made by him. Pursuant to an earlier high court order, former Maharashtra chief minister Uddhav Thackeray, his son Aaditya Thackeray and Rajya Sabha member Sanjay Raut made their appearances in the court through their respective lawyers. The three defendants filed their replies to the plaintiff's application seeking an interim relief to remove the alleged defamatory content from social media platforms. Justice Prateek Jalan listed the suit for the completion of the pleadings befo

HC allows Sushil Ansal to withdraw suit against web series 'Trial by Fire'

The Delhi High Court Monday permitted real estate tycoon Sushil Ansal, convicted in the 1997 Uphaar cinema fire case, to withdraw a suit seeking to restrain the release of web series "Trial by Fire", which is inspired by the tragedy. The series streamed on Netflix on January 13 as the high court refused to stay its release and dismissed an application for the interim stay. A massive fire had broken out at the Uphaar cinema during the screening of Hindi film 'Border' on June 13, 1997, claiming 59 lives. On Monday, the suit came up before Justice Yashwant Varma who was informed by Ansal's counsel that he wishes to withdraw the suit. The high court allowed the plea for withdrawal. Earlier on January 12, while dismissing the interim application to stay the release of the web series, the high court had observed the unimaginable tragedy made the "nation bow its head in shame". Ansal, who alleged defamation, had urged the court to grant an injunction against the release of the web serie

Decoding the name game of service charge added in a restaurant bill

The Restaurants' Association said that levying of service charges has been a standing practice for more than 80 years in the hospitality industry

SC collegium advises elevation of 3 judicial officers as judges of Delhi HC

On Jain, the collegium said the IB has reported that he has a good personal and professional image and that nothing adverse has come to notice against his integrity

Delhi HC upholds levying GST on auto ride through platforms like Uber

The Delhi High Court has upheld the Centre's decision to levy GST on the services offered by an auto-rickshaw or other non-air-conditioned carriages through electronic commerce operators like Uber. A bench headed by Justice Manmohan dismissed the petitions of Uber India Systems Private Ltd and others challenging the 2021 central government notifications making fare in respect of a booking through the platform of an electronic commerce operator (ECO) for an auto-rickshaw ride or a bus ride exigible to tax. The court said ECOs form a class which is "distinct" from an individual service provider and the notifications, which take away an earlier exemption from tax levy, are in compliance with the object of the GST law to levy tax on every transaction of supply of goods and services. "The Petitioners have not disputed the aforesaid stated objective of the GST law that every transaction must be taxed. Therefore, the impugned Notifications, which seek to withdraw the exemption and tax the

2G scam: HC asks CBI, ED, Raja and others to file submissions in appeal

The Delhi High Court Thursday asked the CBI, ED, former telecom minister A Raja and others to file their submissions in the appeals challenging the acquittal of the accused persons and firms in the 2G spectrum allocation case. Justice Dinesh Kumar Sharma said the parties shall file brief written submissions not exceeding five pages. As the counsel for the CBI urged the court to list the matter on an early date when he would argue on the aspect of granting leave to appeal, the judge fixed the matter for May 22 and 23. The matter requires urgent hearing. Fix anytime of the day for conducting day-to-day hearing in the matter, the CBI counsel submitted. Though the CBI had earlier concluded its submissions on the issue of leave to appeal, it will have to argue the matter afresh due to change of the judge. Leave to appeal is a formal permission granted by a court to a party to challenge a decision in a higher court. Earlier, the case was being heard on a day-to-day basis by Justice Bri

Delhi HC dismisses pleas on levying GST on online booking of auto rides

The Delhi High Court has dismissed petitions challenging the notifications of the central govt's imposed Goods and Services Tax on online booking of autorickshaw rides via ride-sharing applications

Give uniforms to EWS students not cash: HC tells Delhi government

The Delhi High Court Thursday said the city government ought to provide uniforms to school students belonging to the Economically Weaker Sections (EWS) and not cash. A bench headed by Chief Justice Satish Chandra Sharma noted the high court had in August 2014 asked the Delhi government to provide uniforms and not cash to the students and, in the absence of any modification of that direction, the authorities have to comply with it. The court was hearing a batch of pleas concerning the supply of resources to students belonging to the economically weaker sections and disadvantaged groups in schools here and the implementation of the provisions of the Right of Children to Free and Compulsory Education Act, 2009 and the Delhi Right of Children to Free and Compulsory Education Rules, 2011. Delhi govenment counsel Santosh Kumar Tripathi said the government is providing books and study material, and from the next academic session, it would also give uniforms to the students. The government

Stay order on service charge ban not approval of practice: Delhi HC

The Delhi High Court said on Wednesday its earlier order staying a ban on automatic levy of service charge on food bills cannot be shown by restaurants to the customers in a manner which suggests that the charge has been approved by it. Justice Prathiba M Singh, who was hearing the pleas by two restaurant bodies challenging the July 4, 2022 prohibition by the CCPA, also observed that the words 'service charge' give an impression of being a government-backed levy and asked the petitioners to state if they have any objections to changing the term to 'staff charges' or 'staff welfare fund' etc to avoid any confusion. The judge asked the petitioners- National Restaurant Association of India (NRAI) and Federation of Hotels and Restaurant Associations- to also state the percentage of its members who impose service charge as a mandatory condition and directed them to file their affidavits on the queries. Additional Solicitor General Chetan Sharma said certain restaurants were misinterpreti

Delhi HC judge Pratibha Singh recuses herself from Google Playstore case

Another judge to hear the matter on April 18; case is about Playstore policy requiring all app developers to only use Google Play's billing system to charge customers

Decide in 10 days on AIADMK bye-laws: Delhi High Court tells ECI

The Delhi High Court on Wednesday asked the Election Commission of India (ECI) to decide within 10 days a representation by the All India Anna Dravida Munnetra Kazhagam (AIADMK) to update in its record the party's amended bye-laws. The order was passed by Justice Purushaindra Kumar Kaurav on a petition filed by the AIADMK and its interim general secretary Thiru K Palaniswamy, which claimed that the records of the party were not being updated owing to certain internal disputes pending in the party. Lawyer Sidhant Kumar, appearing on behalf of the ECI, said the representation made by the petitioner on the issue was being actively considered and a final decision would be taken within 10 days. "In view of the stand by the ECI, the court deems it appropriate to dispose of the petition with a direction to the ECI to decide the representation of the petitioner within 10 days," ordered the judge. Senior advocate Mukul Rohatgi, representing the petitioner, urged that the representation be .

Don't use interim order to mislead consumers on service charge: Delhi HC

It had further apprised the court that certain restaurants were currently relying on the interim order to create the image that they are permitted to impose service charges

Delhi HC upholds ban on the manufacture, sale of gutka, pan masala

Noting the "direct and pernicious impact" of smokeless tobacco on public health, the Delhi High Court Monday affirmed a ban imposed by the food safety commissioner on manufacture, storage and sale of gutka, pan masala, flavoured tobacco and similar products in the city. A bench headed by Chief Justice Satish Chandra Sharma set aside a September 2022 decision of a single judge of the high court quashing the ban and allowed the appeals filed by the Centre and Delhi government against it. The court opined that there "existed no justification" for the quashing of the notifications and dismissed the objections raised by entities in tobacco business against the prohibitory notifications issued from 2015 till 2021. "We find ourselves unable to sustain the impugned judgment rendered by the learned Judge. These appeals shall consequently stand allowed. We find no merit in the challenge raised in W.P.(C) No. 3362/2015 (against the ban). It shall, in consequence, stand dismissed," said the ...

Delhi HC to hear Sharjeel Imam's plea for bail in sedition case on May 4

The Delhi High Court Monday said it will hear on May 4 a plea by JNU student Sharjeel Imam seeking bail in connection with a 2020 communal riots case involving allegations of sedition. The petition, which assails a January 24, 2022 order by the trial court dismissing his bail application, was listed for hearing before a bench of Justices Siddharth Mridul and Vikas Mahajan. The bench fixed the matter for hearing in May as the counsel for one of the parties was not available on Monday. On January 30, the court had sought to know the stand of the city police as to whether Imam's plea for bail could be remanded back to the trial court for adjudication as there was no ground mentioned in the lower court's order for rejecting the relief. The bench had said since section 124A (sedition) of the IPC has been kept in abeyance on the directions of the Supreme Court, it will have to examine the trial court's bail rejection order while keeping in mind the other penal sections applied against ..

Delhi govt 'misled' HC on transfer of schools, alleges L-G's office

Alleging that the Delhi government submitted "false" statements in the high court regarding the transfer of schools for children with special needs, Lieutenant Governor V K Saxena has directed the chief secretary to file an affidavit giving the "correct picture", his office said on Friday. No immediate reaction was available from the AAP dispensation to the charge by the LG office that may kick-start a fresh round of war of words between the two sides. "The AAP government inordinately delayed a file concerning handing over of the social welfare department's special schools for children with disability to the education department, and then misled the Delhi High Court on November 18, 2022 and again on February 17, 2023 saying that the file was pending with the LG," the LG office said in a statement. As a matter of fact, the file was "deliberately kept pending" with the government and was sent to the LG on March 28 this year, over four months after the high court was "misled" with fals