Delhi High Court Issues Notice On PIL Against Private Schools Forcing EWS Students To Purchase Expensive Books

The Delhi High Court on Wednesday (August 27) issued notice on a PIL alleging “systematic exclusion” of Economically Weaker Section (EWS) students from private schools in the national capital “through forced purchase” of expensive private publisher books and excessive school materials.A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela sought response...

Delhi High Court Bar Asks Lawyers To Wear 'Black Ribbons' Till Withdrawal Of LG Notification Allowing Police Officers To Depose Virtually

The Delhi High Court Bar Association (DHCBA) on Wednesday (August 27) urged the lawyers to wear “black ribbons” while appearing in the Court as a mark of protest against Delhi Lieutenant Governor (LG) VK Saxena declaring all police stations in the national capital as “designated places” for recording deposition of police officers through video conferencing.In a notice released today,...

Mere Non-Filing Of FSL Report At Time Of Filing Chargesheet Doesn't Entitle NDPS Accused To Default Bail: Delhi High Court Reiterates

The Delhi High Court has reiterated that the non-filing of Forensic Science Laboratory Report in a drugs case does not vitiate the chargesheet and the accused cannot claim it as a ground to seek default bail.For context, a co-joint reading of Section 167(2) CrPC, as well as of Section 36A(4) of the Narcotics Drugs & Psychotropic Substances Act 1985 provides that if on the expiry of...

Delhi High Court Denies Bail To Man Accused Under UAPA For Supplying Weapons To 'Bambiha' Gang, Says Arrest Not Illegal

The Delhi High Court on Monday (August 25) denied bail to a UAPA accused, booked for supplying arms and ammunition to the Bambiha Gang, in furtherance of alleged conspiracy to commit terrorist activities in the country, particularly the national capital.A division bench of Justices Subramonium Prasad and Harish Vaidyanathan Shankar observed that a huge cache of arms and ammunition was...

'Mere Prospect Of Filing Review Not Grounds To Hold Seized Goods': Delhi High Court Orders Customs To Release Woman's Gold Jewellery

The Delhi High Court has granted relief to a Muslim woman whose gold bangles were seized by the Customs Department on return from Mecca and were withheld despite an order of the Adjudicating Authority, directing release.A division bench of Justices Prathiba M. Singh and Shail Jain observed that merely because the Department plans to seek a review of the order for return, as upheld by...

PIL In Delhi High Court Against LG Notification Allowing Recording Of Police Officials' Evidence From Police Stations

A public interest litigation has been filed in the Delhi High Court against a notification issued by the Delhi Lieutenant Governor (LG) VK Saxena declaring all police stations in the national capital as “designated places” for recording deposition of police officers through video conferencing.The petition has been filed by Advocate Kapil Madan, through Advocates Gurmukh Singh Arora and...

Department Can't Withhold Refund In Terms Of S.54(11) GST Act Unless Appeal Against Refund Order Is Filed: Delhi High Court

The Delhi High Court has made it clear that the power to withhold refund under Section 54(11) of the Central Goods and Service Tax Act 2017 cannot be exercised by the Department in absence of an appeal against the refund order.The provision stipulates that where an order giving rise to a refund is the subject matter of an appeal and the Commissioner is of the opinion that grant of such refund...

Inherent Jurisdiction U/S 528 BNSS Can Be Exercised To Prevent Abuse Of Process, Not To Reopen Concluded Adjudication: Delhi High Court

The Delhi High Court has held that inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023 are available to it even if the bail plea preferred before it stands disposed of.Justice Arun Monga however clarified that the power can be exercised only to prevent abuse of the process of any Court or to secure the ends of justice but, it cannot be invoked to reopen/ rehear...

Govt Notifications Imposing Restrictions On Usage In Contracts For Supply Of Gas Are Laws Under Article 12, Must Be Complied With: Delhi HC

The Delhi High Court, while dismissing a Section 34 petition, observed that the five contracts entered into between the parties were subject to the restrictions imposed by the Government. By providing the gas at a subsidised price, the Government has the authority to regulate the use of such gas. The bench of Justice Subramonium Prasad held that the Ministry of Petroleum and Natural...

'Total Non-Application Of Mind': Delhi High Court On Dept's Rejection Of Trader's Plea For GST Cancellation, Subsequent Cancellation Order

The Delhi High Court recently expressed its disapproval with the GST Department for rejecting a trader's application for retrospective cancellation of his GST registration on medical grounds, and later cancelling his registration with retrospective effect.Stating that this approach reflects a “complete non-application of the mind”, a division bench of Justices Prathiba M. Singh and Shail...

Domestic Violence Offences With Intention To Kill Must Be Viewed With Seriousness, Marriage Not Mitigating Factor: Delhi High Court

The Delhi High Court has ruled that the offences of domestic violence with the intention to kill must be viewed with seriousness and marital relationship is not a mitigating factor in such cases.“Offences of domestic violence of such nature where the intention is to kill are to be viewed with seriousness and the marital relationship in such cases would be treated as aggravating and...

Woman's Right To Reside In Shared Household Can't Act As Sword To Create Proprietary Rights: Delhi High Court

The Delhi High Court has ruled that a woman's right to reside in a shared household under Section 17 of the Domestic Violence Act cannot act as a sword to create proprietary rights.“…the protection under Section 17(1) of the Act, 2005 acts as a shield against unlawful dispossession of a woman, not as a sword to create proprietary rights,” a division bench comprising Justice Anil...