Delhi High Court
Magistrate Or Special Court's Power To Supervise Investigation Doesn't Include Right To Question FIR Validity: Delhi High Court
The Delhi High Court has held that the power of a Magistrate or a Special Court to supervise an investigation does not include the right to question the validity of the FIR.A division bench headed by Justice Prathiba M Singh said that the Magistrate or Special Court must remain a “silent spectator” till filling of the final report under Section 173(2) of Cr.P.C and limit its actions...
Customer Did Not Share OTP But SBI's "Most Hyped" 2-Factor Authentication Failed, Resulting In Cyber Fraud: Delhi HC Orders Compensation
In a case of cyber fraud where a man lost money from his State Bank of India (SBI) account after clicking a link in an SMS, the Delhi High Court directed the SBI to compensate the customer for the lost amount, noting a “glaring service deficiency” on the part of the bank.The Court noted that the unauthorized transactions occurred without the customer sharing any OTPs, implying a breach in...
Delhi High Court Issues Notice On Plea By BJP MPs Seeking Implementation Of Ayushman Bharat-PMJAY Scheme
The Delhi High Court on Thursday issued notice on a PIL filed by seven BJP MPs from the national capital seeking implementation of Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (AB-PMJAY) scheme here.A division bench comprising of Chief Justice Manmohan and Justice Manmeet PS Arora sought response of the Delhi Government, Delhi LG and the Union Government. The Court has tagged the...
Delhi High Court Reserves Judgment On Former IAS Puja Khedkar's Anticipatory Bail Plea
The Delhi High Court on Thursday (November 28) reserved judgment on the anticipatory bail plea filed by former probationer IAS officer Puja Khedkar who is accused of “misrepresenting and falsifying facts" in her application for Union Public Service Commission (UPSC) Civil Services Examination, 2022.“Heard both sides. Judgment reserved,” Justice Chandra Dhari Singh said. The Court said...
Congress Leader P Chidambaram Moves Delhi High Court Against Trial Court Taking Cognizance Of ED Chargesheet In INX Media Case
Senior Congress leader P. Chidambaram has moved the Delhi High Court challenging a trial court order which took cognizance of the chargesheet filed against him by the Enforcement Directorate (ED) in the money laundering case connected to the INX Media case.Senior Advocate N Hariharan appearing for Chidambaram submitted before Justice Manoj Kumar Ohri on Thursday that mandatory sanction...
'Epilepsy Can't Be Attributed To Service In Navy As It Occurs Periodically And Could Be Dormant At Other Times', Delhi High Court Dismisses Petition
A Division Bench of Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur dismissed an appeal wherein a Navy Officer sought disability pension based on the claim that his medical condition (Epilepsy) was attributable to his service in the navy. The Officer was invalidated after the detection of the medical condition which was not disputed, however, the Court held that...
'Two Sets Of Rules For Promotion To Same Post, Candidate Cannot Be Denied Promotion In One And Denied Same In Another': Delhi High Court
A Division Bench of Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur while allowing a Petition observed that if two sets of rules lead to promotion to a single post, it would not make sense to allow the Petitioner relaxation as per one rule and deny him the same as per another. The Court held that if he was given relaxation while he was appointed to the post, he could...
Can Rape Victim Who Contracted HIV Be Awarded Compensation Under Delhi Victim Compensation Scheme? High Court To Decide
The Delhi High Court is set to decide as to whether a victim of rape or sexual assault, who has contracted STD or HIV, be awarded compensation under the Delhi Victim Compensation Scheme, 2018.Justice Sanjeev Narula issued notice on a woman's plea who was subjected to sexual assault in 2017, leading her to contracting HIV, seeking enhanced compensation under the Scheme. She was awarded...
'Candidate Cannot Produce Documents At Document Verification Stage', Delhi High Court Dismisses Petition
A Division Bench of Delhi High court comprising Justices Navin Chawla and Shalinder Kaur dismissed a Petition of a candidate seeking to set aside the rejection of his candidature due to having produced an experience certificate at the stage of document verification. The Bench held that the Advertisement specified the date of uploading the documents and it could not be considered a...
Writ Jurisdiction Cannot Be Invoked To Challenge Arbitral Award, Only To Circumvent Statutory Requirement Of S.19 Of MSMED Act: Delhi High Court
The Delhi High Court bench of Justice Sanjeev Narula, while hearing a writ petition challenging an arbitral award passed by the Micro and Small Enterprises Facilitation Council (MSFEC), has held that invoking the writ jurisdiction to challenge an arbitral award would circumvent the statutory requirement of pre-deposit u/s 19 of the MSMED Act, and would amount to defeating the...
'Balance Must Be Stricken Between Mistake And Chance To Rectify Lapse', Delhi High Court Allows Candidates To Join Post
A Division Bench of Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur observed while allowing a Petition that authorities must look into the accuracy of documents and decide the cases of candidates based on facts and circumstances of each case. While holding that the submission of documents was an important step in selection process and must be adhered to strictly,...
Delhi High Court Stays Arbitral Proceedings Where Petitioner's Defence Was Struck-Off Due To Non-Payment Of Arbitral Fees
The Delhi High Court bench of Justice Sanjeev Narula has held that the striking off of the defence of the Petitioner for non-payment of arbitral fees is a drastic measure that exceeds the jurisdiction of the Arbitrator. The Court observed that under Section 38(2) of the Arbitration and Conciliation Act, 1996, the Tribunal should allow the proceedings to continue with the Claimant...