Serving Grounds Of Arrest On Accused During Remand Not Valid, 'Contemporaneous Record' In Police Diary Necessary: Delhi High Court

The Delhi High Court has observed that serving grounds of arrest to an arrestee as part of the remand application moved by the Police before the Magistrate is no compliance with the requirements of law.Justice Anup Jairam Bhambhani held that since grounds of arrest must exist before an arrest is made, there must be a contemporaneous record of the grounds of arrest in the police diary or...

Delhi High Court Weekly Round-Up: March 17 To March 23, 2025

Citations 2025 LiveLaw (Del) 321 to 2025 LiveLaw (Del) 352NOMINAL INDEXBentwood Seating System (P) Ltd. vs Airport Authority Of India & Anr 2025 LiveLaw (Del) 321 Mercedes Benz Group AG v. Minda Corporation Limited 2025 LiveLaw (Del) 322 GOPAL MISHRA & ANR v. STATE 2025 LiveLaw (Del) 323 DOMINOS IP HOLDER LLC & ANR. v. M/S DOMINIC PIZZA & ORS. 2025 LiveLaw (Del) 324 M/S...

'Unnecessary Corruption Probe May Blemish Public Servant's Reputation': Kerala HC While Rejecting Plea Against CM Vijayan In CMRL Scam

While dismissing the petition filed by Congress MLA Mathew Kuzhalnadan against Chief Minister Pinarayi Vijayan in the alleged CMRL scam, the Kerala High Court observed that unnecessary corruption investigation into a public servant may cause a blemish on is career or reputation."An unnecessary investigation or an enquiry into an offence under the Prevention of Corruption Act against a...

'And Then One Day You Find, Ten Years Have Got Behind You': Quoting Pink Floyd, Gujarat HC Quashes Customs SCN, Flags Inordinate Delay

The Gujarat High Court quashed two show cause notices issued by customs department to a chemical manufacturing company after noting that the notices had been pending adjudication for 15 and 13 years respectively and deserved to be set aside due to "inordinate lapse of time". Quoting 'Time' by British rock band Pink Floyd, a division bench of Justice Bhargav Karia and Justice DN Ray in its...

Would Send Wrong Signals To Society: Delhi High Court Denies Anticipatory Bail To Film Director Accused Of Rape, Clicking Obscene Pics

Refusing anticipatory bail to a rape accused, the Delhi High Court observed that granting anticipatory bail in a case where a film direction allegedly allured the victim on the pretext of making her a heroine and then sexually exploited her, would send wrong signals across the society.Justice Girish Kathpalia remarked “This is not a case of regular bail sought by the petitioner after...

Terminating Services Of CAPF Personnel On Being Detected HIV Positive 'Discriminatory': Delhi High Court

The Delhi High Court has held that termination of service of Central Armed Police Forces (CAPF) personnel on the ground of them being detected as HIV positive is discriminatory and prohibited under the HIV Act.A division bench comprising Justice Navin Chawla and Justice Shalinder Kaur observed that the authorities are under a legal obligation to provide reasonable accommodation to...

Appellate Authority Must Consider Prior Judicial Observations When Reconsidering Disciplinary Action: Kerala HC

Kerala High Court: A Division Bench of Justices Anil K. Narendran and Muralee Krishna S. dismissed writ appeals challenging an order that remanded a disciplinary case back to the Appellate Authority for reconsideration. The court held that an Appellate Authority must properly consider prior judicial observations when reconsidering disciplinary action and cannot simply adopt a judicial...

NEET-UG | Delhi HC Rejects Plea Against MCC Withdrawing Conversion Of SC-Children/Women Seats To General Category Prior To Counselling

Refusing to grant relief to NEET-UG candidate who could not secure admission to MBBS course, the Delhi High Court observed that the correction of a legal error on reservation to align with constitutional principles before the commencement of the third round of counselling cannot be considered as a procedural breach or administrative fault on part of the authorities.Not finding any illegality...

Communal Violence, Arson Breaks Out At Bengal's Motabari, 25 Arrested: Calcutta HC Seeks Action Taken Report

The Calcutta High Court has called for an action taken report from the West Bengal police on incidents of communal violence and arson which took place at Mothabari in Bengal's Malda district.A division bench of Justices Soumen Sen and Smita Das De was approached by the petitioner in a public interest litigation, claiming that large-scale communal violence had broken out at Motabari in...

Customs Can Clone Data Of Seized Electronic Devices As Per Statutory Procedure, Need Not Retain Devices Throughout Prosecution: Delhi HC

The Delhi High Court has called upon the Customs Department to clone the required data from seized electronic devices of persons allegedly involved in smuggling and other violations under the Act, instead of retaining such devices throughout prosecutions.A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta observed that such a practice will not only ensure that the...

Executing Court Erred In Seeking Transfer Certificate To Execute Award When It Had Jurisidiction To Entertain Application: Rajasthan HC Sets Aside Order

The Rajasthan High Court bench of Justice Narendra Singh Dhaddha has held that the Executing Court had committed an error in directing to furnish the transfer certificate for executing an award when it already had jurisdiction to hear the application.Court said that when the property was situated in Jaipur, the executing court had jurisdiction to entertain the execution application. So,...

Cyber Crime Involving Impersonation Of Law Enforcement Officials Threatens Public Confidence: Punjab & Haryana HC Rejects Pre-Arrest Bail

The Punjab & Haryana High Court refused to grant anticipatory bail to a man accused in a "cyber fraud" case involving a person who posed as a police personnel from Delhi Crime Branch to allegedly extort money from the complainant. Justice Manjari Nehru Kaul in her order said,"Cyber crime of this magnitude, involving financial extortion and impersonation of law enforcement officials, poses...