Delhi High Court
Termination Order Based On Enquiry For Misconduct Behind The Back Of The Officer Is Violative Of PNJ: Delhi HC
A Division Bench of the Delhi High Court comprising of Justice V. Kameswar Rao and Justice Anoop Kumar Mendiratta while deciding a Civil Writ Petition in the case of Govt. of NCT of Delhi & Ors vs Virender has held that a termination order which is based on the report of an inquiry in which misconduct of a definite nature was arrived at behind the back of the officer is violative of principles of natural justice. Background Facts Virender (Respondent) was appointed as Warden in...
POCSO Act | Courts Persuaded To Save Lives Of Accused Where Children About To Attain Majority Commit Offence In Love: Delhi High Court
The Delhi High Court has recently observed that Courts are persuaded to save lives of an accused, rather than to make him undergo trial and punishment, in cases where children, who are about to attain the age of majority, commit acts in the name of love amounting to offence under various enactments, including POCSO Act. Justice Navin Chawla said that such a situation makes Courts face with two consequences, either to go strictly by law, convict the boy and impose punishment on him, which is...
Delhi High Court Quashes Arms Act FIR, Directs Accused To Pay ₹50K Costs To Police Welfare Fund, Lawyers' Bodies
While quashing an FIR registered against a man under the Arms Act, 1959, the Delhi High Court has asked him to pay costs of Rs. 50,000 to be deposited with Delhi Police Welfare Fund and three district court Bar Associations.Justice Amit Mahajan quashed the FIR registered against Pritpal Singh for the offence under Section 25 of the Arms Act, observing that necessary ingredients of the offence were not made out against him. However, in view of the fact that a chargesheet was filed in the case and...
Delhi High Court Imposes ₹1 Lakh Cost On Litigant Who Made 'Lord Hanuman' Party To Private Temple Property Dispute
The Delhi High Court has imposed Rs. 1 lakh costs on a man who made “Lord Hanuman” a party objector (appellant) to an appeal concerning the dispute of a temple constructed on a private land and claiming the right to worship therein.“I never thought that God would, one day, be a litigant before me. This appears, however, thankfully, to be a case of Divinity By Proxy,” remarked Justice C Hari Shankar. The court dismissed in limine the appeal of Ankit Mishra and directed him to pay the costs...
Income Tax Dept. To Allow Personal Hearing Through National Faceless Assessment Centre On Assessee's Request: Delhi High Court
The Delhi High Court has held that the income tax department should allow personal hearings through the national faceless assessment centre on the assessee's request.The bench of Justice Vibhu Bakhru and Justice Tara Vitasta Ganju has observed that, as per Section 144B(6)(viii) of the Income Tax Act, 1961, where a request for personal hearing is received, the Income Tax Authority of the...
Minors Must Also Be Taught About 'Virtual Touch', Not Just Traditional Concepts Of 'Good And Bad Touch': Delhi High Court
The Delhi High Court has observed that minors must also be taught about “virtual touch” and not just traditional concepts of “good and bad touch”, and said that the ”emerging concept” must be included in their curriculum.Justice Swarana Kanta Sharma observed that minors must be equipped with the knowledge and tools to navigate online interactions safely and recognize potential risks lurking in cyberspace.“Traditionally, efforts to protect minors from harm have focused on teaching them about...
Mere Photos Of 'Osama Bin Laden' Or 'Jihad Promotion' Material In Accused's Mobile Not Enough To Brand Him As ISIS Member: Delhi High Court
While granting bail to an accused in a UAPA case, the Delhi High Court on Monday said that merely because his mobile was found carrying incriminating material like “photographs of terrorist Osama Bin Laden, Jihad Promotion and ISIS flags” and he was accessing lectures of “hard-liner or Muslim preachers” would not be enough to brand him as a member of a banned terrorist organization like ISIS.A division bench headed by Justice Suresh Kumar Kait said that such type of incriminating material,...
NewsClick UAPA Case: Delhi High Court Orders Release Of Approver Amit Chakraborty
The Delhi High Court on Monday ordered release of NewsClick Human Resources head Amit Chakraborty seeking bail after turning approver in the UAPA case registered following allegations of the portal receiving money for pro-China propaganda.Justice Swarana Kanta Sharma passed the order allowing Chakraborty's plea seeking his release in the case.”Therefore, having considered the facts and circumstances of the case, the no objection of the prosecution in releasing the petitioner from...
Departmental Enquiry Cannot Be Dispensed With Based On Presumption That Accused Police Personnel Would Threaten Witnesses: Delhi High Court
A division bench of the Delhi High Court comprising of Justice Rekha Palli and Justice Saurabh Banerjee while deciding a Writ Petition in the case of Commissioner of Police & Ors vs Sant Ram has held that enquiry cannot be dispensed with only on the basis of a perceived notion that the accused being a police personnel would threaten the witnesses and holding of an enquiry would cause trauma to the complainant Background Facts Sant Ram (Respondent) was appointed as a constable in...
Delhi High Court Issues Notice On Plea To Reconstitute Waqf Tribunal
The Delhi High Court on Monday issued notice on a plea seeking a direction on the Delhi Government to immediately issue a notification for re-constitution of the Waqf Tribunal in the national capital.Justice Subramonium Prasad sought response of the Delhi Government on the plea moved by Masjid and Dargah Shah Abdul Salam, a duly Notified Waqf, through its Mutawalli, Mohammad Mohiuddin.The plea submits that the Waqf Tribunal last functioned in Delhi on April 20, 2022, when the erstwhile...
Bomb Scare In Schools: High Court Seeks Response Of Delhi Govt, Police On Nodal Officers And Mock Drills
The Delhi High Court on Monday sought response of the Delhi Government and Delhi Police on the nodal officers responsible for taking action in case they receive bomb threats at schools and the number of mock drills conducted in schools to ensure evacuation of children without panic. Justice Subramonium Prasad also asked the authorities to indicate the number of schools in each zone and the time to be taken by the nodal officers for taking action in case of a bomb threat. The court asked the...
S.138 NI Act | Indian Courts Have Jurisdiction On "Foreign Cheques" Deposited For Encashment Here: Delhi High Court
The Delhi High Court has made it clear that where a "foreign cheque" is deposited for encashment in India, the Court within whose jurisdiction it is so deposited shall have the jurisdiction to adjudicate on the complaint for its dishonour under Section 138 of the Negotiable Instruments Act, 1881 (NI Act).Justice Navin Chawla presiding over the case, observed,“It is also to be kept in mind that Section 138 of the NI Act was inserted with the purpose of regulating financial promises in growing...