Fundamental Right To Travel Abroad Can't Be Curtailed Merely Because Person Failed To Pay Bank Loan: Delhi High Court

The Delhi High Court has observed that the issuance of a lookout circular (LOC) cannot be resorted to in every case of bank loan defaults or credit facilities availed for business. “… the Fundamental Right of a citizen of the country to travel abroad cannot be curtailed only because of failure to pay a bank loan more so when the person against whom the lookout circular is opened has not...

Delhi High Court Issues Notice On Plea Challenging BCI's Decision Permitting Entry Of Foreign Law Firms In India

The Delhi High Court on Friday issued notice on a plea challenging the notification issued by Bar Council of India (BCI) last year permitting entry of foreign law firms and lawyers in India.A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora sought response of the BCI and the Union Government and listed the matter for hearing next in April. The plea has...

Right To Heritage Has To Be Balanced With Right To Breathe: Delhi High Court In Plea To Halt Alleged Demolition In Mehrauli And Sanjay Van

Observing that the right to health and breathe and the right to heritage and culture have to be harmonised and balanced, the Delhi High Court has observed that green areas are the lungs of the city and efforts must be made by all statutory authorities to ensure that no illegal and unauthorised construction is carried out on public land dedicated for public purpose.A division bench...

Need For Broad Panel To Choose From To Ensure Arbitrator's Independence As Per Clause 64 of GCC: Delhi High Court

The Delhi High Court bench comprising Justice Sachin Datta allowed an application made under Section 14 of the Arbitration and Conciliation Act, regarding the termination of an arbitrator's mandate under his former employment with the respondent, Northern Railway. The bench held that a broad-based panel should have been provided to the complainant and 4 was very less a number, coupled...

Delhi High Court Quashes Cognizance Taken By Trial Court Against Social Activist Shabnam Hashmi In FIR Over CAA Protest During COVID-19

The Delhi High Court has quashed a trial court order taking cognizance against social activist Shabnam Hashmi in an FIR registered by the Delhi Police over the protest against the Citizen Amendment Act (CAA) in 2020 during the COVID-19 pandemic. Justice Navin Chawla quashed the trial court order passed on October 08, 2021, and proceedings emanating therefrom.“However, it is made clear that...

Expeditiously Decide Plea Seeking Timely Implementation Of Stipend Guidelines For Interns, Young Advocates: Delhi High Court To BCI, BCD

The Delhi High Court has directed the Bar Council of India (BCI) and Bar Council of Delhi (BCD) to expeditiously decide a plea seeking timely and effective implementation of the stipend or remuneration guidelines for interns and young advocates associated with a chamber or law firm. A division bench comprising of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora directed...

'There Are Enough Religious Structures In Delhi, Let Forests Be Restored': High Court On Unauthorised Encroachments On Forest Land

The Delhi High Court on Thursday expressed concern over unauthorised encroachments and constructions of religious structures which are not protected by statutory authorities inside the forest land here, observing that there are enough religious structures in the city and the forests should be left to be restored. A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam...

[Patents Act] Product-By-Process Claim Has To Be Examined On Anvil Of New And Unobvious Product: Delhi High Court

The Delhi High Court has ruled that the product-by-process claim under the Patents Act would necessarily have to be examined on the anvil of a “new and unobvious product”, irrespective of the applicant having chosen to describe the invention by referring to a process of manufacture.“The mere adoption of the product-by-process format would not result in a novel product being downgraded...

'Treatment Worse Than Disease': Delhi High Court Refuses To Direct Trial Courts To Issue Notice To Complainants At Pre-Trial Stage

The Delhi High Court has refused to direct the trial courts in the national capital to mandatorily issue notice to the complainant or victim in a criminal case at pre-trial stage.A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora said that such a direction is likely to result in avoidable and undesirable delays in trials and is likely to work against...

Delhi High Court Monthly Digest: January 2024 [Citations 1 - 117]

Citations 2024 LiveLaw (Del) 1 to 2024 LiveLaw (Del) 117NOMINAL INDEXKHADI AND VILLAGE INDUSTRIES COMMISSION v. GIRDHAR INDUSTRIES AND ANR. 2024 LiveLaw (Del) 1VINOD KUMAR v. STATE (GNCT OF DELHI) 2024 LiveLaw (Del) 2CIT Versus RRPR Holding Pvt. Ltd. 2024 LiveLaw (Del) 3Neelam Azad v. State 2024 LiveLaw (Del) 4Sanket Bhadresh Modi v. Central Bureau Of Investigation & Ors. 2024 LiveLaw...

Excise Policy: Delhi High Court Denies Bail To AAP Leader Sanjay Singh In Money Laundering Case

The Delhi High Court on Wednesday denied bail to Aam Aadmi Party leader Sanjay Singh in the money laundering case related to the alleged liquor policy scam.Jusice Swarana Kanta Sharma observed that no ground for grant of bail to Singh was made out.However, the court directed the trial court to expedite the trial once it commences so that rights of Singh as an accused are protected. This would...

Waqf Board Case: AAP MLA Amanatullah Khan's Plea Challenging ED Summons Withdrawn From Delhi High Court

Aam Aadmi Party (AAP) MLA Amanatullah Khan on Wednesday withdrew from the Delhi High Court his plea challenging the summons issued to him by the Enforcement Directorate (ED) in a money laundering case connected to the alleged irregularities in the Delhi Waqf Board recruitment.A division bench comprising Justice Rekha Palli and Justice Rajnish Bhatnagar dismissed the plea as withdrawn. Khan...