Delhi High Court
Forfeiture Of Earnest Money Not Automatic On Breach Of Agreement To Sell, Seller Must Prove Loss: Delhi High Court
The Delhi High Court has held that forfeiture of earnest money paid under an agreement to sell a property is not automatic upon breach of contract, and the seller must establish the loss suffered to justify retaining the amount.Justice Neena Bansal Krishna made the observation while dismissing an appeal filed by the legal representatives of two deceased property sellers against a trial court order directing them to refund ₹4 lakh paid as earnest money by a prospective buyer.“The forfeiture of...
Delhi High Court Rejects NIA's Appeal Against Bail To Accused In J&K Terror Conspiracy Case
The Delhi High Court has dismissed the National Investigation Agency's (NIA) appeal challenging the grant of bail to Mateen Ahmed Bhat, an accused in an alleged terror conspiracy case involving members of banned terrorist organisations Lashkar-e-Taiba (LeT) and Hizbul Mujahideen.A Division Bench comprising Justice Navin Chawla and Justice Arun Bhardwaj held that the trial court had...
Delhi High Court Bar Association Seeks Exemption For Judges, Lawyers From Proposed BS-VI Vehicle Ban
The Delhi High Court Bar Association (DHCBA) has written to Delhi Lieutenant Governor seeking exemption for judges, lawyers and court staff from the proposed ban on vehicles not conforming to BS-VI emission standards, which is scheduled to come into effect from November 01.In a letter dated October 30, DHCBA President, Senior Advocate N Hariharan urged the Lieutenant Governor to intervene in...
Mere Filing Of Police Complaint Does Not Amount To Defamation: Delhi High Court
The Delhi High Court has held that allegations made in a complaint to the police do not by themselves amount to defamation, observing that the statement in question must be examined in its proper context and that publication and reputational harm are essential considerations in a civil defamation claim.Justice Neena Bansal Krishna made the observation while dismissing an appeal filed by...
Ashish Joshi Moves High Court Seeking Reasons For Repeated CAPF Deployment During Delhi Protests
Former civil servant Ashish Joshi has filed a plea before the Delhi High Court seeking judicial scrutiny of the deployment of Central Armed Police Forces (CAPFs) in the national capital for protest-related duties.In his PIL, Joshi has sought disclosure of the government orders, security assessments and reasons behind repeated extensions of the deployment.Joshi has sought directions to the...
Delhi High Court Takes 'Disproportionate Burden' Off Supreme Court: CJI Surya Kant
Chief Justice of India (CJI) Surya Kant on Friday said that the Delhi High Court takes a "disproportionate burden" off the Supreme Court as compared to other High Courts. CJI said that the top court often reminds lawyers appearing before it that the Delhi High Court is "just around the corner" and that relief may be available there before their matters reach the Supreme Court.The CJI...
Video Conferencing Can Be Used To Cross-Examine Witness Unable To Travel Due To Sickness: Delhi High Court
The Delhi High Court has held that a witness who is unable to travel to court due to illness, undue delay or expense, can be permitted to undergo examination through video conferencing, provided the process can be conducted effectively and without compromising the fairness of the proceedings.Justice Swarana Kanta Sharma made the observation while allowing an application seeking permission...
Delhi High Court Directs WFI To Decide Disciplinary Show-Cause Notices Against Vinesh Phogat Within Two Weeks
The Delhi High Court has directed the Wrestling Federation of India (WFI) to decide, within two weeks, the show-cause notices issued to wrestler Vinesh Phogat. Justice Amit Mahajan observed that the uncertainty surrounding the disciplinary proceedings could affect a sportsperson's mental preparedness ahead of competitive events.The Court said that a sportsperson needs to be in a fit and...
Meta Doesn't Perform Public Function, Instagram Account Deactivation Can't Be Challenged In Writ Petition: Delhi High Court
The Delhi High Court has held that Meta Platforms India cannot be subjected to writ jurisdiction under Article 226 of the Constitution of India for disabling a user's Instagram account. Justice Amit Mahajan observed that providing a social media platform for communication and interaction does not amount to performing a public function or discharging a public duty.The Court said that...
Delhi High Court Rejects Former DRT Presiding Officer's Review Plea Against Suspension, Says No Apparent Error In Earlier Ruling
The Delhi High Court recently dismissed a review petition filed by a former Presiding Officer of the Debts Recovery Tribunal (DRT), Chandigarh, challenging an earlier judgment that had rejected his plea against suspension and the extension of his suspension.The Division Bench of Justices Vivek Chaudhary and Tejas Karia held that no error apparent on the face of the record had been established...
Distance Between Student's Residence And College Is Relevant Factor In Inter-College Migration: Delhi High Court
The Delhi High Court has directed a College affiliated with Delhi University (DU) to issue No-Objection Certificates (NOCs) to four students seeking inter-college migration, holding that the distance between a student's residence and college is a relevant consideration while deciding such requests.Justice Jasmeet Singh observed that although students do not have an absolute right to migrate...
Mere Apprehension Of Bias Not Enough To Reconstitute PoSH Committee: Delhi High Court
The Delhi High Court has held that a mere apprehension of bias is insufficient to invalidate the constitution of an Internal Committee under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act), and that cogent material must demonstrate a real likelihood of bias.Justice Swarana Kanta Sharma observed that dissatisfaction with past...