Page 64 - Delhi High Court

Lawyers move Delhi HC, seek law for protection, safe atmosphere to practice

In the wake of the killing of an advocate earlier this month, two lawyers have moved the Delhi High Court for directions to the Centre and the city government to enact a law for protection of legal professionals. Lawyers Deepa Joseph and Alpha Phiris Dayal, in their petition, said there has been an "alarming rise" in incidents of violence inside the court premises in the city and it was "high time now" for a decision to be taken for the enactment of "Advocates Protection Act" to guarantee protection to the fraternity and help remove the fear that has been embedded in their minds. The petitioners stated their concern about their own safety has been "aggravated by seeing the visuals and video of the cold-blooded murder of an influential and senior member of the Bar" and if "Advocates Protection Act" is not passed in Delhi, audacity of criminals to commit crimes against lawyers will increase. Advocate Virender Kumar Narwal, 53, was shot dead in southwest Delhi's Dwarka by two ...

Mosque in Qutub complex: SC rejects plea challenging Delhi HC order

The Supreme Court has dismissed a petition challenging the Delhi High Court order which had refused to advance the hearing of a plea by the Managing Committee of Delhi Waqf Board against the Archaeological Society of India (ASI) stopping namaz at the Mughal Mosque in the city's Mehrauli area. The apex court, however, requested the high court to take up the pending matter and decide it as expeditiously as possible. A bench of Justices Krishna Murari and C T Ravikumar passed the order while hearing a petition filed by the Managing Committee of Delhi Waqf Board through advocate M Sufian Siddiqui against the March 7 order of the high court. "We do not find any good ground to interfere in the matter which is already pending before the high court. Accordingly, the Special Leave Petition is dismissed," the bench said in its April 5 order. "However looking in the facts and circumstances of the case, we request the high court to take up the pending matter ... and decide the same in accordan

Excise policy case: Delhi HC seeks CBI's response to bail plea of Sisodia

The Delhi High Court on Thursday sought the CBI's response to jailed former deputy chief minister Manish Sisodia's bail plea in the excise policy scam case being probed by the CBI. Justice Dinesh Kumar Sharma issued a notice on the senior Aam Aadmi Party (AAP) leader's plea, which claimed he is "totally innocent" and a "victim of political witch-hunt", and asked the agency to state its stand. "Issue notice. Let reply be filed," the judge said. The Central Bureau of Investigation (CBI) had arrested Sisodia for alleged corruption in the formulation and implementation of the now-scrapped Delhi Excise Policy 2021-22 on February 26 following several rounds of questioning. On March 31, a trial court here had dismissed Sisodia's bail plea in the matter, saying he was "prima facie the architect" and had played the "most important and vital role" in the criminal conspiracy related to alleged payment of advance kickbacks of Rs 90-100 crore meant for him and his colleagues in the Delhi ...

Delhi HC dismisses Satyendar Jain's bail plea in money laundering case

The Delhi High Court on Thursday dismissed the bail plea of jailed former Delhi minister Satyendar Jain in a money laundering case being probed by the Enforcement Directorate (ED). The high court, while dismissing the Aam Aadmi Party (AAP) leader's bail plea, said he is an influential person and may tamper with evidence. Jain, who was arrested on May 30 last year by the agency, is accused of having laundered money through four companies allegedly linked to him. Justice Dinesh Kumar Sharma also rejected the bail pleas of co-accused in the case -- Vaibhav Jain and Ankush Jain. The detailed order is awaited. The high court said there was no illegally or infirmity in the trial court's order by which bail pleas were dismissed. The three accused had challenged the trial court's November 17 last year order. The high court had reserved the order on the bail pleas on March 21 after hearing arguments of the counsels for the ED and the AAP leader and two others.

Excise policy scam: Manish Sisodia moves Delhi HC for bail in CBI case

The central probe agency had sought the extension of Sisodia's custody as the investigation is at a crucial stage

Delhi court sends gangster Deepak 'Boxer' to 8-day police custody

A Delhi court sent gangster Deepak "Boxer", who was nabbed in Mexico and brought to India early Wednesday, to an eight-day police custody in connection with a fake passport case. The Delhi Police had sought his custody for 14 days but the court agreed for 8 days. He was produced before the judge inside the Patiala House Courts' lockup amid tight security. Deepak Pahal, alias "Boxer", was caught in Cancun city in Mexico earlier this week when he was trying to entre the US illegally and planning to run his organised crime syndicate from there. He had taken multiple routes and stops to reach the North American country on his way to the US, according to Delhi Police. The operation to nab the gangster was a major success for Delhi Police, which arrested a criminal outside the country for the first time. A two-member Delhi Police team brought him to India. Police said Boxer had used a fake passport in the name of "Ravi Antil", a resident of Bareilly, to flee the country. He will also be

Delhi HC awards Rs 10 lakh as damages to Google in trademark lawsuit

The Delhi High Court has directed consultancy firm Google Enterprises Pvt Ltd and its associated entities to pays Rs 10 lakh as damages to tech-giant Google LLC for misusing its trademark. Ruling in favour of Google LLC on its lawsuit to permanently restrain the defendants from infringing its trademark, Justice Sanjeev Narula observed that the defendants used the "Google" mark without due authorisation and indulged in "deception and trickery" as they "misrepresented to the public" that they were associated with Google India and had the modus operandi to dupe them. The court added that the plaintiff company has valid and subsisting registrations for the "Google" mark and its variations and this has been declared a well-known mark with worldwide reputation on account of its extensive use and numerous. Google LLC is surely entitled to statutory protection and grant of injunction for infringement and besides the damages of Rs 10 lakh, it is also entitled to actual costs in terms of the

Arbitration off track

Delhi Metro shareholders should step up

Not taking due care while overtaking also amounts to rash: Delhi HC

Rash and negligent driving does not necessarily mean excessive speed and will include not taking due care while driving, particularly overtaking either a stationary or moving vehicle, the Delhi High Court has said. The court's observation came on a petition by the family of a motorcycle rider who died after colliding with a DTC bus parked in the middle of the road without any signal or light indicator on the night of July 22, 2012. The Motor Accidents Claims Tribunal had granted more than over Rs 17 lakh to the family but ordered a deduction of 20 per cent towards contributory negligence by the deceased. The claimants were also awarded interest of 7.5 per cent per annum from the date of filing the plea till payment is made by the insurance company. The family sought enhancement of the compensation amount before the high court. Justice Gaurang Kanth, in a recent order, observed that from the account of the eyewitness, there was no doubt that the accident occurred due to the ...

Protests at Jamia Millia in 2019 were an unlawful assembly: Delhi HC

The Delhi High Court held that the December 2019 protests organised at Delhi's Jamia Millia Islamia was an unlawful assembly and the mob gathered at the spot with the intention to violate the law

Sharjeel, Safoora, 7 others charged for rioting, unlawful assembly

The high court also said there is electronic evidence consisting of video clips in which some of the accused are seen in a video clip

Jamia violence: HC to order on plea against discharge of 11 accused today

Violence erupted at Jamia Millia Islamia in December 2019 after a clash between the police and anti-Citizenship Amendment Act protesters

Centre gets time from HC to reply on plea on approach to medical education

The Delhi High Court on Monday granted more time to several Union ministries to file their replies to a petition for the adoption of an "Indian holistic approach" in medical education and practice, instead of the "colonial segregated way" of having different streams of allopathy, ayurveda, yoga and homeopathy. A bench of Chief Justice Satish Chandra Sharma and Justice Sachin Datta gave six weeks to the ministries of health and family welfare, women and child development, home affairs and law and justice to file their responses to the petition. The bench listed the matter for further hearing on July 6. During the hearing, the counsel for the Union Ayush ministry said they have already filed their reply on record. "Reply has been filed by respondent no. 2 (Ayush ministry) only. Other respondents have not filed their replies. Let others also file it within six weeks," the court said. The petition filed by advocate Ashwini Kumar Upadhyay claimed that the adoption of a holistic approac

More than 200 child labourers rescued, raids going on, says Delhi HC

Delhi High Court was informed on Monday that more than 200 children working as child labourers here have been rescued since January and further raids are underway. A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad granted four weeks to the Delhi government counsel to file a further status report in the matter and listed it for hearing on May 4. The high court was hearing a plea by NGO Bachpan Bachao Andolan, which filed a petition in the aftermath of a fire that killed over 40 people, including several minors, at a factory in the Anaj Mandi area here in December 2019. The NGO had sought a direction to the authorities to inquire into the angle of trafficking and child labour. Advocate Prabhsahay Kaur, representing the NGO, said during the hearing that there had been "unprecedented success" in rescuing child labourers from various units here since January 11 when the last order was passed for constitution of committees in each district. She said the ...

Delhi HC seeks NCPCR's response against Rahul's tweet in minor rape case

The Delhi High Court has sought a response from the National Commission for Protection of Child Rights on a plea seeking FIR registration against Congress MP Rahul Gandhi in connection with his tweet

DMRC seeks review of HC order on plea by DAMEPL in arbitral award case

The Delhi Metro Rail Corporation on Thursday told the Delhi High Court that attachment of its statutory expenses will result in immediate stoppage of the entire Metro network in the national capital

HC restrains Income Tax from acting on show cause notice to Kapil Sibal

The Delhi High Court on Thursday restrained the Income Tax Department from proceeding further on the show cause notice issued to Rajya Sabha MP and senior advocate Kapil Sibal in relation to the assessment proceedings pending against him. A bench of Justice Rajiv Shakdher and Justice Tara Vitasta Ganju issued a notice and asked the income tax authorities to file a response on the petition of the former Congress leader. We are of the view that since the impugned notice has been challenged on jurisdiction as well as on the breach of principles of natural justice, it would require some amount of deliberation, the bench said. In the meanwhile, the concerned officer will stay his hands vis--vis the show cause notice of March 11, 2023," it added. The court listed the matter for further hearing on September 14 and asked the officer concerned to first deal with the objections of Sibal. Sibal has challenged the notice issued by the IT department under Section 153C of the Income Tax Act ...

AI urination case: HC directs DGCA for committee to hear Mishra's plea

The Delhi High Court on Thursday directed Director General of Civil Aviation (DGCA) to constitute an appellate committee within two weeks' time to examine Shankar Mishra's appeal against Air India

Barring married individuals from applying for JAG in army reasonable: Govt

The Centre on Wednesday defended before the Delhi High Court the policy barring married individuals from applying for Judge Advocate General (JAG), the legal officer in the army, and said considering the "effects of marriage", the bar is a "reasonable restriction placed in public interest and the interest of national security". In an additional affidavit filed in response to a petition challenging the embargo, the Central government said the condition of being unmarried for grant of commission to cadets aged 21-27 years is "restricted only for the period of recruitment and pre-commissioned training" which involves a high amount of stress and rigours of military training and the restriction on marriage before successful commission is in the interest of the candidates as well as organisation. A bench of Chief Justice Satish Chandra Sharma and Justice Sachin Datta granted time to petitioner Kush Kalra to file his response to the Centre's stand. Last year, the high court had asked the .

120 petitions challenging Waqf Act pending before courts, Delhi HC told

The Delhi High Court was on Wednesday informed by the Centre that nearly 120 writ petitions challenging one or more provisions of the Waqf Act are pending before various courts in the country. A bench headed by Chief Justice Satish Chandra Sharma, while hearing a PIL by lawyer Ashwini Kumar Upadhyay assailing certain provisions of the same law, asked the central government counsel to seek instructions on taking steps for the consolidation of all the cases. Counsel for central government prays for time to take appropriate steps and seek instructions for consolidation of all such cases, said the bench also comprising Justice Sachin Datta. Centre, in an application filed in the present petition, sought an extension of three months for filing the reply and said apart from the instant case, nearly 120 writ petitions challenging one or more provisions of the Waqf Act 1995, are pending before various courts. It submitted that it was essential to ensure that a clear and consistent view is