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

Citations 2025 LiveLaw (Del) 190 to 2025 LiveLaw (Del) 219NOMINAL INDEXDR. B.K. TIWARI ADVISER (NUTRITION) verus UNION OF INDIA & ANR 2025 LiveLaw (Del) 190 Gor Sharian v. The Commissioner Of Customs 2025 LiveLaw (Del) 191 Principal Commissioner, Central Tax Commissionerate, Gst Delhi West v. M/S Alkarma 2025 LiveLaw (Del) 192 JAN CHETNA JAGRITI AVOM SHAIKSHANIK VIKAS MANCH & ORS v....

Delhi High Court Dismisses Challenge Against Arbitral Award Rejecting Counterclaim For Failure To Raise Timely Objections On Quality Of Goods

The Delhi High Court bench of Justice Manoj Kumar Ohri has upheld an Arbitral award stating that objections regarding the quality of goods must be raised within a reasonable time as per section 42 of the Sale of Goods Act, 1930. The court concurred with the decision of the Arbitral Tribunal that since the Petitioner failed to dispute the quality of supplies within a reasonable time,...

Prepare Disaster Management Plan For Residential Areas Situated At River Banks: High Court To Haryana Govt

The Punjab & Haryana High Court has directed the Haryana Government to prepare a scientific disaster management plan for the residential areas situated at the river banks, observing that the Court is under a "constitutional duty to ensure the safety concerns."Justice Sureshwar Thakur and Justice Vikas Suri said, "A team of experts becoming deployed to prepare a scientific disaster...

Inter Cadre Transfer Can't Be Denied Solely Citing Shortage Of Officers: Delhi High Court Raps West Bengal Govt

The Delhi High Court has rapped the action of West Bengal government for refusing, in multiple cases, the prayer for inter cadre transfers (ICTs) on the ground of shortage of officers.A division bench comprising Justice C Hari Shankar and Justice Ajay Digpaul said:“The ground has been rejected in all the above cited cases, and there may be many more for all we know. Litigation is not fun...

Madhya Pradesh High Court Lays Down SOP For Termination Of Pregnancy Upto & Beyond 24 Weeks In Sexual Assault Cases

The Jabalpur bench of the Madhya Pradesh High Court, in a suo motu reference petition, laid down standard procedures for termination of pregnancies up to 24 weeks and for pregnancies exceeding 24 weeks in cases concerning rape and sexual assault.The court took up the matter in view of divergent decisions passed by the single judge benches at Indore concerning termination of pregnancies under...

High Court Orders Forest Department, Delhi Police To Evolve Mechanism For Rescuing Distressed Birds

The Delhi High Court has recently asked the Delhi Government's forest department and Delhi Police to evolve a mechanism for rescuing the distressed birds in the national capital. A division bench comprising Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela was dealing with a PIL filed by Save India Foundation seeking issuance of directions to the authorities to take...

Delhi High Court Again Reschedules Date Of Elections To All Bar Associations To March 21

The Delhi High Court has rescheduled again the date of elections to all Bar Associations in the national capital from February 28 to March 21, 2025.A full bench comprising Justice Yashwant Varma, Justice Rekha Palli and Justice C Hari Shankar took cognizance of the fact that the Delhi High Court Bar Association (DHCBA) was yet to constitute its Election Commission. “We further bear...

Delhi High Court Junks PIL Against 'Illegal Constructions' At Ajmeri Gate, Imposes ₹10K Costs

The Delhi High Court has dismissed a PIL seeking to demolish the alleged illegal and unauthorized constructions within the regulated area of city's Ajmeri Gate. A division bench comprising Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela imposed Rs. 10,000 costs on the petitioner- Mirza Aurangzeb to be deposited with Delhi High Court Staff Welfare Fund. The Court observed...

Speedy Trial Can't Be At Cost Of Fairness Of Trial: High Court In Delhi Riots Case

While dealing with a case concerning the 2020 North-East Delhi riots, the Delhi High Court has recently observed that expedition in trial cannot be at the cost of fairness of trial, since that would be against all canons of justice.“We must not delude ourselves into believing that the purpose of expeditious trial would be served by denying to an accused a fair and reasonable opportunity...

Jharkhand High Court Quashes Summons Issued To Swiss Resident, Says Police Must First Obtain MHA Concurrence

The Jharkhand High Court quashed summons issued to a Swiss resident in a criminal case, observing that in terms of the Mutual Legal Assistance Treaty, the Investigating Agency is required to forward its draft request to Internal Security Division of Ministry of Home Affairs (MHA) for its concurrence on seeking attendance of a person from contracting State.Justice Anil Kumar Choudhary...

Being A Religious Place, 'Masjid' Falls Under 'Waqf' Definition, Only Waqf Tribunal Can Adjudicate Disputes Related To It: Rajasthan HC

The Rajasthan High Court has observed that a Mosque, a place used for religious purposes such as praying Namaz, comes within the definition of 'Waqf' as per Section 3 (r) of the Waqf Act 1995. Thus, disputes related to it can only be adjudicated by the Waqf Tribunal. A bench of Justice Birendra Kumar held thus while referring to Section 85 of the Waqf Act [Bar of jurisdiction of...

Police Can Freeze Bank Accounts U/S 102 CrPC For Crimes Under Prevention Of Corruption Act: Kerala High Court

Kerala High Court has held that freezing of a person's bank accounts under Section 102 of Code of Criminal Procedure while investigating his involvement in offences under Prevention of Corruption Act (PC Act) is valid. Justice C. Jayachandran rejected the petitioner-accused's argument that the freezing should have been done only through the Criminal Law Amendment Ordinance, 1944.Advocate John...