Human Rights Commissions Not 'Toothless Tigers', Their Recommendations Are Binding: Delhi High Court

The Delhi High Court has ruled that the recommendations of the State or National Human Rights Commissions are binding in nature and the purpose of enactment of the Human Rights Act would be nullified if they are held to be mere recommendatory bodies.A division bench comprising Justice Prathiba M Singh and Justice Amit Sharma said that holding that Human Rights Commissions can only make recommendations which are not binding would render them completely toothless and nullify the object of...

[SC/ST Act] Courts Duty To Ensure Social Welfare Legislations Are Not Misused & False Complaints Are Not Perpetuated: Delhi High Court

While quashing a First Information Report (FIR) under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 ('PoA Act'), the Delhi High Court remarked that such welfare legislations should not be misused for ulterior motives and that the court has to ensure that false complaints are not allowed to continue.Justice Dinesh Kumar Sharma commented, “The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, has been enacted with the purpose of...

Delhi High Court Closes PIL Seeking Time Bound Scrutiny, Curing Defects Of Fresh Matters For Listing

The Delhi High Court has recently closed a public interest litigation seeking a time bound scrutiny and raising of defects of fresh matters for listing before the Court.A division bench comprising of Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela said that the issues, if found to be relevant, would be taken up on the administrative side of this Court.“We do not find it apposite to issue any notice on the judicial side in the present PIL whereby the petitioner seeks to draw...

FIR Not Invalidated By Quashing Fraud Classification Of Bank Account If It Prima Facie Discloses Cognizable Offences: Delhi HC

In a plea for quashing an FIR against a company accused of allegedly committing fraudulent transactions, the Delhi High Court observed that quashing of a fraud classification of a bank account does not in itself vitiate the First Information Report (FIR) lodged on the basis of such classification if the FIR prima facie discloses the commission of cognizable offence.Justice Sanjeev Narula stated, “The procedural irregularities in the fraud classification process do not ipso facto vitiate the...

Karti Chidambaram Moves Delhi High Court Seeking Quashing Of CBI's Fresh Corruption FIR

Congress MP Karti Chidambaram has moved the Delhi High Court seeking the quashing of a fresh corruption case registered by the Central Bureau of Investigation (CBI) accusing him of allegedly giving relief to an alcoholic beverage company- Diageo Scotland over a ban on duty-free sale of its whisky.Chidambaram has sought quashing of the FIR registered on January 01 for the offences under Sections 120B read with 420 and 471 of the Indian Penal Code, 1860 and Sections 8, 9 and 13(2) read with...

'No Unnecessary Reporting On Parties' Submissions': Delhi High Court In ANI's Copyright Infringement Suit Against OpenAI

The Delhi High Court on Tuesday indicated that there will be no “unnecessary reporting” by media on the submission filed by parties involved in the copyright infringement suit filed by news agency Asian News International (ANI) against OpenAI Inc, which founded ChatGPT.ANI has accused OpenAI of unauthorisedly using its original news content.The development ensued after Senior Advocate Amit Sibal appearing for OpenAI today brought the attention of the Court to various news reports based on the...

Appointment Of Arbitrator In International Commercial Arbitration By HC Does Not Vitiate Award: Delhi High Court

The Delhi High Court Bench of Justice C. Hari Shankar has held that the appointment of the Arbitrator in an International Commercial Arbitration (“ICA”) by the Chief Justice of the High Court, does not vitiate the impugned award. The bench held that the objection to the appointment of the arbitrator should have been raised during the arbitration proceedings. Since the parties...

'In Realm Of Policy, Not Our Job': Delhi High Court On PIL To Make Health & Yoga Science Mandatory Upto 8th Standard

The Delhi High Court on Monday listed for hearing on April 09 a public interest litigation seeking directions on the Centre and the Delhi Government to make "Health and Yoga Science" a mandatory part of curriculum up to 8th Standard for an overall development of the children as well as development of their physical & mental abilities in spirit of Section 29 of the Right to Education...

Inform On Framework Ensuring Movie Ticket Booking Platforms Provide Accessibility Features For Disabled Persons: Delhi HC To IT Ministry

In a plea for accessibility to book online movie tickets for Persons with Disabilities (PwDs), the Delhi High Court directed the Ministry of Electronics and Information Technology to file an affidavit setting out the regulatory framework for ensuring that the ticket booking platforms give due information about accessibility features to ensure informed decision making by PwDs.Justice Sachin...

Bar On Bail Under NDPS Act Not Attracted When No Contraband Recovered From Accused Who Was Merely In Contact With Co-Accused: Delhi HC

The Delhi High Court has held that mere contact with co-accused person found in possession of a contraband cannot be treated to be corroborative material in absence of substantive material found against such an accused.Justice Amit Mahajan said that when no recovery is affected from an accused, merely because such an accused was allegedly in touch with the co-accused persons, the bar on grant...

Time Spent To Defend Reassessment Notice Issued Without Following Procedure Doesn't Extend Limitation For Revenue When Issuing Fresh Notice: Delhi HC

The Delhi High Court has held that if the Revenue issues a reassessment notice to an assessee under Section 148 of the Income Tax Act, 1961 without following due procedure, it cannot later issue fresh reassessment notice beyond the prescribed period, claiming that time spent on earlier litigation is to be excluded for the purposes of computing limitation.A division bench of Acting Chief...

Delhi High Court Refuses To Entertain PIL Seeking De-Recognition Of Aam Aadmi Party For Non-Disclosure Of Criminal Antecedents

The Delhi High Court on Monday refused to entertain a public interest litigation seeking de-recognition of the Aam Aadmi Party (AAP) alleging that it violated a Supreme Court ruling mandating publishing of criminal antecedents by candidates and political parties.A division bench comprising of Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela rejected the plea moved by...