Delhi High Court
Interception Of Calls Valid To Prevent Corruption, Economic Scale Of Offence Must Satisfy 'Public Safety' Threshold: Delhi High Court
The Delhi High Court has rejected a plea filed by an accused against interception of calls and messages by Central Bureau of Investigation (CBI), saying that corruption has a pervasive impact on a nation's economy.Justice Amit Mahajan dismissed the plea moved by one Aakash Deep Chouhan, challenging a trial court order framing charges against him under Section 120B of the Indian Penal Code,...
Delhi High Court Passes John Doe Order In Favour Of Birkenstock, Orders Local Commissioners To Inspect Infringers' Premises
While passing a john doe order in favour of footwear brand Birkenstock, the Delhi High Court has ordered inspection by local commissioners on the premises of infringer entities. Justice Saurabh Banerjee restrained the defendants or distributors or sellers or importers or exporters or franchises from selling or marketing or dealing in the products bearing “Birkenstock” trademark or its...
Mandate Of Arbitrator Can Be Terminated For Delay In Passing Award Despite Absence Of Automatic Termination Clause In NSE Bye-Laws: Delhi HC
The Delhi High Court bench of Justice Jasmeet Singh has held that although the National Stock Exchange (NSE) Bye Laws do not provide for the automatic termination of the Arbitrator's mandate after the expiry of the time period stipulated under Bye Law 7(b) of the NSE Bye Laws, the mandate of the Arbitrator can be terminated by the Relevant Authority if the Arbitrator fails to pass the...
State's Delay In Filing Appeals In Serious Criminal Offences Prejudices Victim's Right To Fair Adjudication: Delhi High Court
The Delhi High Court has observed that State's delay in filing appeals in serious criminal offences prejudices the victim's right to fair adjudication of allegations, especially where the victim comes from marginalized or economically weaker sections of society. Justice Swarana Kanta Sharma said that Courts must remain sensitive to the said factor while adjudicating applications for...
Amendment To Bring Additional Grounds U/S 34 Of A&C Act Is Maintainable If Objections Are Not Beyond Judicial Scrutiny Of Court: Delhi HC
The Delhi High Court bench of Justice Manoj Kumar Ohri while hearing amendment petition filed u/s 34 of the A&C Act observed that the omission to plead a ground of challenge in the original Section 34 petition pertaining to non-adherence to the mandatory procedure of Section 29A would not oust the jurisdiction of the Section 34 Court to scrutinize the same. The Court held that...
Jamiat Ulema-i-Hind Moves Delhi High Court Against Release Of Film 'Udaipur Files' Based On Kanhaiya Lal Murder Case, Cites Communal Tension
A public interest litigation has been filed in the Delhi High Court seeking ban on the release of film “Udaipur Files” slated to hit the theaters on July 11, on the grounds of hate speech and communal harmony.The plea, filed by Maulana Arshad Madani, President of Jamiat Ulama-e-Hind, further challenges the certification granted by CBFC to the movie for public exhibition. It has been...
Natural Justice Must Yield To Preserve National Security: Delhi High Court Upholds Revoking Of Celebi's Clearance
Dismissing Turkey based company Celebi Airport Services Pvt Ltd's plea against revocation of its security clearance by Centre, the Delhi High Court on Monday observed that while natural justice is an important Constitutional principle however in matters of "security of the realm", natural justice must yield to preserve national security. Justice Sachin Datta in his order observed that in...
High Court Reserves Verdict On Devangana Kalita's Plea Seeking Preservation Of Case Diaries In 2020 Delhi Riots Case
The Delhi High Court on Monday (July 7) reserved its verdict in a plea moved by Devangana Kalita seeking preservation and reconstruction of case diary pertaining to a 2020 Delhi riots case. Kalita had moved the high court seeking setting aside of a November 6, 2024 trial court order which had refused her request and a direction to Delhi Police to reconstruct and preserve Booklets 9989 and...
Delhi High Court Dismisses Turkey-Based Celebi's Plea Against Revocation Of Security Clearance On Ground Of 'National Security'
The Delhi High Court on Monday (July 7) dismissed a plea by Turkey based company Celebi Airport Services Private Limited challenging the decision of Bureau of Civil Aviation Security (BCAS) revoking its security clearance in the "interest of national security".Justice Sachin Datta passed the order.A detailed copy of the order is awaited. The court had reserved its verdict on May 23 after...
Contract Clause Favouring Employer Over Contractor In Claiming Damages Are Deemed Knowingly Included If Not Challenged Before Tribunal: Delhi HC
The Delhi High Court bench of Justice Manoj Kumar Ohri has held that clauses of the contract giving an advantage to the employer over the contractor in claiming damages, if not questioned before the Arbitral Tribunal or at the time of formation or execution of the contract, cannot be questioned under section 34 of the Arbitration Act as the parties are deemed to have...
SC's Vijay Madanlal Judgment Doesn't Exempt Foreign Recipients Of Proceeds Of Crime From Scrutiny On Mere Contractual Legitimacy Of Transaction: Delhi HC
The Delhi High Court has made it clear that foreign recipients of proceeds of crime are not exempted from scrutiny under the Prevention of Money Laundering Act, 2002, on a mere ground of 'contractual legitimacy' of transactions.Justice Ravinder Dudeja thus rejected the plea of one Amrit Pal Singh, a resident of Hong Kong for the past 17 years, being probed by the Enforcement Directorate.As...
Landlord's Solvency Or Tenant's Financial Instability Not Relevant Considerations For Deciding Eviction Petition: Delhi High Court
The Delhi High Court has made it clear that the financial status of a landlord or tenant is not a relevant factor while determining eviction proceedings under the Delhi Rent Control Act, 1958.Justice Anup Jairam Bhambhani made the observation while disagreeing with the plea of Respondent-tenants that their landlords are financially well-to-do NRIs and do not require the subject premises for...