Delhi High Court
Delhi High Court Orders DDA, MCD To Demarcate Their Jurisdictions; Asks LG To Consider Conducting Survey
The Delhi High Court has directed the Delhi Development Authority (DDA) and Municipal Corporation of Delhi (MCD) to demarcate their boundaries and jurisdictions in the national capital with precision (longitude and latitude) as far as possible.“The Hon'ble Lieutenant Governor is directed to consider extending the survey to the whole of Delhi so that the jurisdiction of all statutory authorities is clearly demarcated and the ground level reality is not a mystery and is known to all,” a division...
Plausible View Taken By Arbitrator Based On Facts Of Case Cannot Be Interfered With U/S 34 Of Arbitration Act: Delhi High Court
The Delhi High Court bench of Justice Jasmeet Singh affirmed that once an arbitrator has taken a plausible view based on the facts of the case, such a view cannot be interfered with under section 34 of the Arbitration Act. Brief Facts This is a petition under section 34 of the Arbitration and Conciliation Act, 1996 seeking setting aside of the impugned Arbitral Award dated...
Add 'Grounds Of Arrest' Column In Arrest Memo Forms: High Court Directs Delhi Police
The Delhi High Court has asked the Delhi Police to add a column in the arrest memo forms for recording the 'grounds of arrest' of an accused. Justice Dinesh Kumar Sharma said that a revised arrest memo form or some annexures to be added to ensure effective compliance with Section 50 of Cr.P.C. and the corresponding Section 47 of BNSS, 2023.The provisions state that anyone being arrested must be promptly informed about the specific offence and reasons for the arrest.Justice Sharma asked the...
Money Laundering Accused Can't Be Equated With Murder, Rape Accused: Delhi High Court While Granting Bail In PMLA Case
The Delhi High Court on Wednesday remarked that an accused in a money laundering case cannot be equated with those punishable with death, life imprisonment, ten years or more like offences such as murder, rape or dacoity.Justice Manoj Kumar Ohri said that it is pertinent to keep in mind while dealing with the cases under the PMLA that except in a few exceptional cases, the maximum sentence can be of seven years. Reiterating that keeping the accused in custody by using Section 45 PMLA as a tool...
Not Necessary For PMLA Special Court To Record Reasons For Cognizance Of ED's Complaint: Delhi High Court
The Delhi High Court has recently held that it is not necessary for the Special Court under PMLA to record its reasons for taking cognizance of Enforcement Directorate (ED) complaint, unlike a private complaint under CrPC or BNSS.Justice Chandra Dhari Singh observed that an initial complaint can be filed by ED under Section 44 of the PMLA, even if the investigation is not fully completed.This, as per the Court, can be done especially in light of the Explanation-II introduced in the...
Might Lead To A Scam: Delhi High Court Dismisses PIL Seeking MHA To Share Deceased Individuals' Data With LIC For Jeevan Jyoti Scheme Claims
The Delhi High Court has dismissed a PIL that sought to mandate the Ministry of Home Affairs to provide a database of deceased individuals in the country to the Life Insurance Corporation (LIC), so as to enable the family members or nominees of deceased policyholders to claim benefits under the Pradhan Mantri Jeevan Jyoti Bima Yojana.The PIL sought directions to the LIC to provide policy documents to all the policy holders of Pradhan Mantri Jeevan Jyoti Bima Yojana (PMJJBY). The petition further...
Aircel Maxis Case: Delhi High Court Stays Trial Court Proceedings Against P Chidambaram In ED Case
The Delhi High Court on Wednesday stayed the trial court proceedings against senior Congress leader P. Chidambaram in the money laundering case connected to the Aircel Maxis case.Justice Manoj Kumar Ohri passed the order while dealing with Chidambaram's plea challenging the trial court order taking cognisance of the chargesheet filed by the Enforcement Directorate (ED) against him. Chidambaram challenged the order on the ground of lack of sanction for prosecution.He was represented by Senior...
Retrospective GST Cancellation In Absence Of Specific Reasons Will Take Effect From Date Of Issuance Of SCN: Delhi HC
The Delhi High Court has reiterated that the GST Department must record reasons that weigh on it to propose retrospective cancellation of an assessee's registration. Citing absence of such reasons in the case at hand, the division bench of Justices Yashwant Varma and Dharmesh Sharma said cancellation of Petitioner's GST registration would stand only from the date of issuance of the...
Court U/S 34 Of Arbitration Act Cannot Re-Appreciate Evidence And Substitute Arbitrator's Conclusion: Delhi High Court
The Delhi High Court bench of Justice Subramonium Prasad affirmed that under Section 34 of the Arbitration Act the Court cannot re-appreciate evidence and substitute its own conclusion to the one arrived at by the Arbitrator even though a different conclusion can be arrived at on re-appreciating evidence Brief Facts The instant petition is one under Section 34 of the...
Ensure Jan Aushadhi Kendras Are Opened Inside Each Hospital Within Four Weeks: High Court To Delhi Govt
The Delhi High Court has recently directed the Delhi Government to ensure that Jan Aushadhi Kendras are opened inside each hospital in the national capital within four weeks.A division bench comprising of Chief Justice Manmohan and Justice Manmeet PS Arora observed that the convenience of having a Jan Aushadhi Kendra in each hospital for the patients and their caregivers requires no...
'Adequate Steps Taken For The Present': High Court Closes PIL To Probe Student Suicides At NLU Delhi
The Delhi High Court has recently closed a public interest litigation petition seeking constitution of an independent inquiry committee comprising of experts to investigate the causes behind student suicides at National Law University (NLU) Delhi.While disposing of the PIL, a division bench comprising of Justice Navin Chawla and Justice Shalinder Kaur said that "adequate steps" have been taken...
Sewage Treatment Plants Not Functioning Well, Releasing Raw Sewage In Yamuna: Delhi High Court
The Delhi High Court has recently observed its prima facie view that the Sewage Treatment Plants (STPs) in the national capital are not functioning as per required norms and are releasing raw sewage in Yamuna river. A division bench comprising of Chief Justice Manmohan and Justice Manmeet PS Arora suggested that tamper proof meters must be installed to record operational timings of STPs as...