Delhi High Court Orders CBI Probe Against Litigant Who Filed Repeated Pleas Alleging Unauthorised Constructions

The Delhi High Court has recently ordered inquiry to be conducted by Central Bureau of Investigation (CBI) against a litigant who repeatedly filed petitions, including PILs, alleging unauthorised constructions, some of which were never listed in court.A division bench comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela directed the CBI to conduct a preliminary enquiry...

Failure To Carry Out Physical Verification Of Veracity Of Exporter Alone Is No Basis To Suspend License Of Custom Broker: Delhi HC

The Delhi High Court held that a custom broker cannot be held guilty of having failed to discharge the obligation placed in terms of Regulation 10(n) of CBLR 2018, simply because he has not carried out physical verification of the veracity of the exporter. As per the Customs Brokers Licensing Regulations, 2018, Section 10(e) states about the obligation of the Custom Broker to...

Non-Bailable Warrant U/S 73 CrPC Cannot Be Issued To Produce Accused Before Police For Investigation: Delhi High Court

The Delhi High Court has ruled that issuance of a non-bailable warrant under Section 73 CrPC by a Magistrate, for the production of the accused before the police for investigation is illegal, as such a warrant could only be issued for the production of the accused before a court. Further, the Court held that under Section 82 CrPC, a Magistrate must record reasons for believing that a person...

Delhi High Court Rules In Favour Of RPF Candidate Denied Job Due To Pregnancy, Orders ₹1 Lakh Costs To Recently Injured Woman Staff

Ruling in favour of a woman who was denied appointment as a Constable in the Railway Protection Force in 2019 due to her pregnancy, the Delhi High Court imposed Rs. 1 lakh costs on the Central Government to be paid to a lady employee who recently got injured when a portion of the roof in the court building fell on her.A division bench comprising of Justice Rekha Palli and Justice Shalinder...

Delhi High Court Issues Notice On Mahua Moitra's Plea Challenging FIR Over Tweet On NCW Chief Rekha Sharma

The Delhi High Court on Friday issued notice on a plea moved by Trinamool Congress MP Mahua Moitra challenging an FIR registered by the Delhi Police recently over her social media post allegedly criticising the National Commission of Women (NCW) Chief Rekha Sharma.Justice Neena Bansal Krishna sought response of the Delhi Police and listed the matter for hearing on November 06. Moitra...

Delhi High Court Rejects PIL Against Centre's Notification Declaring June 25 As 'Samvidhaan Hatya Diwas'

The Delhi High Court on Friday dismissed a PIL against a recent notification issued by the Union Government declaring that 25th of June every year be observed as 'Samvidhaan Hatya Diwas' on the anniversary of the proclamation of Emergency in 1975.A division bench comprising of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela observed that the notification in no way undermines...

Incorrect To Deny MD Seat To Candidate Solely Due To Administrative Fault: Delhi High Court To AIIMS

The Delhi High Court observed that denying a MD seat (Doctor of Medicine) to a candidate solely due to administrative fault and inefficiency would be unjust and against the principle of merit-based selection. The Court asserted that filling available vacancies is in the best interests of public health and institutional efficiency.Justice Swarana Kanta Sharma was considering the petitioner's...

Parties Must Avoid Unnecessary Adjournments In Bail, Suspension Of Sentence Cases: Delhi High Court Issues Circular

The Delhi High Court today issued a circular requesting the counsels for the petitioners and prosecuting agencies to avoid unnecessary pass-overs or adjournments in matters concerning bail, interim bail, parole, suspension of sentence, furlough and their cancellation. “In all matters viz. Interim Bail, Bail, Suspension of sentence, Parole, Furlough and cancellation thereof, learned...

Delhi High Court Orders Accused To Do Community Service At Gurudwara, Says Offence Of Outraging Woman's Modesty Can't Be Compromised

While quashing a 2014 case against two men for allegedly assaulting and outraging modesty of a woman after settlement between them, the Delhi High Court has directed them to do community service of one month in the city's Gurudwara Rakab Ganj Sahib. Justice Subramonium Prasad also imposed Rs. 25,000 costs each on the accused persons so that they do not repeat the offence in future. The costs...

Delhi HC Permits Arvind Kejriwal Two Additional Meetings With Lawyers, Says 'Special Situations Call For Special Remedies'

Observing that special situations call for special remedies, the Delhi High Court has allowed the plea moved by Chief Minister Arvind Kejriwal, who is in judicial custody in the alleged liquor policy scam, for granting two additional meetings with his lawyers through virtual conferencing in a week. “…it is held that in recognition of fundamental right of fair trial and effective...

Schools Play Vital Role In Education, Must Ensure Examinee's Documentation Is Completed Within Time: Delhi HC Provides Relief To Class 10, 12 Students

The Delhi High Court recently directed the Central Board of Secondary Education (CBSE) to open its online portal to accommodate 45 class 10th and 12th students studying in a Delhi school to appear in their improvement and compartmental exams.Observing that the petitioner school had been “very negligent” in the present case, a single judge bench of Justice Swarana Kanta Sharma said that...

Burden To Prove Administrative Urgency In Cases Relating To Transfer Of Disabled Employee Lies On Employer: Delhi High Court

In a case relating to the transfer of a disabled employee, the Delhi High Court has observed that the provisions of the Rights of Persons with Disabilities Act, 2016 take precedence over any employment and contractual arrangements. The Court stated that disabled employees cannot be transferred unless there is an administrative urgency, with the burden of proving such urgency resting on...