Delhi High Court
Delhi Govt Implements SOP For Handling Bomb Threats In Schools, High Court Closes Contempt Plea
The Delhi High Court has closed a contempt petition after the Delhi Government's Director of Education implemented the Standard Operating Procedure (SOP) for handling bomb threats in schools in the national capital. Justice Anish Dayal noted that the SOP has been notified, along with the role of the Delhi Police duly delineated thereunder. The Court disposed of the contempt petition filed...
When Discharging Accused With Mental Retardation, Courts Must Consider Whether Release Poses Threat To Public Safety: Delhi High Court
The Delhi High Court has held that when a Court comes to a conclusion that an accused person is suffering from mental retardation and decides to discharge him, it must consider whether it is safe to release such accused in the society.It reasoned that while such persons may not be criminally liable in the conventional sense, they may still pose a threat to the society if not placed...
Motor Vehicle Rules | Absence Of Endorsement On Driving License For Transporting Hazardous Goods Doesn't Disentitle Trained Driver: Delhi High Court
The Delhi High Court has held that where there is no evidence that a goods carriage/ tanker was carrying hazardous material, the mere absence of an endorsement under Rule 9 of the Central Motor Vehicles Rules, 1989 cannot be construed as a breach of statutory conditions sufficient to grant recovery rights to the insurer.Justice Amit Mahajan observed, “A perusal of Rule 9 of the MV...
Maintenance Is Not A Favour, It's The Recognition Of Shared Parental Responsibility & Child's Right To Be Supported: Delhi High Court
The Delhi High Court has ruled that maintenance m is not a favour but is a recognition of shared parental responsibility, and of the child's right to be supported.“It is both appropriate and necessary to recognize their (custodial parents) efforts with respect and without reductive labels, and try to measure their efforts as caregivers in monetary terms. To reiterate it is irrespective of...
S.498A IPC | False Allegations Create Cynicism, Give Rise To Suspicion Against Genuine Victims: Delhi High Court
While dealing with a case concerning Section 498A of Indian Penal Code, 1860, the Delhi High Court has said that false allegations in such cases have wide ranging consequences across the society as the same create cynicism and give rise to a suspicion even against genuine victims.Justice Girish Kathpalia was dealing with a plea filed by a husband and his family members seeking quashing of an...
Indo-Swiss DTAA | Period Of Reference Can't Be Excluded From Limitation U/S 153B Income Tax Act If Reference Is Invalid: Delhi High Court
The Delhi High Court has made it clear that Clause (ix) of the Explanation to Section 153B of the Income Tax Act 1961 cannot be invoked to exclude the period of reference under the Indo-Swiss DTAA, if the reference itself is invalid.A division bench of Justices Vibhu Bakhru and Tejas Karia observed,“On a plain reading of Clause (ix) of the Explanation to Section 153B of the Act, the...
Income Tax Act Doesn't Contemplate Hiatus Between Handing Over & Receipt Of Documents By AO Of Non-Searched Entity: Delhi High Court
The Delhi High Court made it clear that Section 153C of the Income Tax Act, 1961 “does not contemplate a hiatus” between handing over and receipt of information or documents pertaining to a non-searched entity.For context, Section 153C allows the Revenue department to proceed against a party other than the person who is being searched, if incriminating articles belonging to the other...
'Conduct Is Disquieting To Court's Conscience': Delhi High Court Dismisses Applications For Condonation Of Delay In Filing & Re-Filing Appeal
The Delhi High Court bench of Justices C. Harishankar and Ajay Digpaul observed that the conduct of the appellants in this case is deeply troubling to the court's conscience. They neither informed the respondents about the filing of the present appeals nor disclosed the same to the court, even though the respondents' appeals challenging the same arbitral award had been listed and...
Revocation Of Security Clearance 'Harsh', Losing Business At All Indian Airports: Turkey Based Çelebi Argues In Delhi High Court; Order Reserved
The Delhi High Court on Friday (May 23) reserved its verdict on a plea filed by Turkish 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 reserved the verdict after hearing Senior Advocate Mukul Rohatgi appearing for Celebi and...
[Arbitration] S.10 Of General Clauses Act Applies Only If S.34 Application Was Filed Within Time, Court Was Closed On Last Day Of Limitation: Delhi HC
The Delhi High Court bench of Justices Hari Shankar and Ajay Digpaul has held that the benefit of Section 10 of the General Clauses Act is available only when the petition is filed within the normal limitation period that is 90 days as prescribed under section 34(3) of the Arbitration Act and the court was closed on the last day of that period. It does not apply when the court was closed...
Delhi High Court Grants Bail To Man Booked For Murder After His Father Hit Deceased With Knife
The Delhi High Court has granted bail to a man booked for murder after his father hit the deceased with a knife, during a quarrel involving the three.Justice Amit Sharma observed that the Applicant was prima facie not aware that his father was carrying a knife and that he had already spent more than 18 months in prison.“Applicant has been in custody since 24.10.2022 and has spent 1 year...
Delhi High Court Issues Notice On Plea Seeking Publishing Of Revised Merit List For 2023 DJS Mains
The Delhi High Court has issued notice on a plea seeking publishing of revised merit cum waiting list of the candidates who appeared in Delhi Judicial Services Main Examination (Written), 2023.A division bench comprising Justice C Hari Shankar and Justice Ajay Digpaul issued notice on the petition filed by candidate, Meenakshi Meena, who alleged that there was error apparent of over-writing...