Delhi High Court
Mere Good Conduct After Conviction No Ground To Reduce Electoral Disqualification Period Under RP Act: Delhi High Court
The Delhi High Court has ruled that mere good conduct of an individual after conviction is no ground to reduce the electoral disqualification period prescribed under Section 8 of Representation of the People Act, 1951. Justice Amit Bansal said if such a stand is accepted, it would dilute the mandate of the provision which prescribes for disqualification of a person for certain offences. The...
Delhi High Court Lists MJ Akbar's Appeal Against Priya Ramani's Acquittal In Criminal Defamation Case For Final Hearing On September 24
The Delhi High Court on Monday listed the appeal filed by former Union Minister MJ Akbar against acquittal of journalist Priya Ramani in the criminal defamation case filed by him over the "metoo" sexual harassment allegations made by her, for final hearing on September 24.Justice Swarana Kanta Sharma noted that the trial court record was received and written submissions have been filed by...
Liquor Policy Case: CBI Opposes Adjournment Sought By Arvind Kejriwal, Others In Its Plea Against Discharge
The Delhi High Court on Monday (March 16) granted time to Aam Aadmi Party supremo Arvind Kejriwal, Manish Sisodia and others to respond to Central Bureau of Investigation's petition (CBI) challenging the discharge of the AAP leader and others in the corruption case related to the alleged liquor policy scam.At the outset when the matter was called, Justice Swarana Kanta Sharma asked if...
Delhi High Court Calls For Sensitive Handling Of Child Victims, Says Repeated Summoning In POCSO Trials Causes Trauma
The Delhi High Court has emphasised that child victims and other vulnerable witnesses must not be repeatedly summoned during trial proceedings, observing that the criminal process itself should not become a source of further trauma for victims of sexual offences.Justice Swarana Kanta Sharma said that while the victim must be given an opportunity to present her objections to the grant of bail,...
Can't Supply FIR Copy To Activists Claiming Illegal Detention: Delhi Police Tells High Court
The Delhi Police on Sunday told the Delhi High Court that they cannot supply copy of FIR filed against various activists claiming that they were illegally detained.A division bench comprising Justice Navin Chawla and Justice Ravinder Dudeja held a special sitting held on Sunday and issued notice in the habeas corpus petitions filed by Ehsanul Haq, Rajbir and Sagrika Rajora.Senior advocate...
Delhi High Court CJ Rejects Arvind Kejriwal's Plea To Transfer CBI's Excise Policy Case From Justice Swarana Kanta Sharma
The Delhi High Court's Chief Justice rejected AAP chief Arvind Kejriwal's request to transfer CBI's excise policy case from Justice Swarana Kanta Sharma to another bench. Chief Justice Devendra Kumar Upadhyaya has said that CBI's petition is assigned to Justice Sharma as per current roster and that any request for recusal has to be taken by the judge concerned.“I, however, do not find...
Delhi High Court To Sit On Sunday For Habeas Corpus Pleas Alleging Illegal Police Detention Of Activists
Various habeas corpus petitions have been filed before the Delhi High Court alleging illegal detention of 10 activists by officials of the Delhi Police Special Cell.The matter was mentioned today by Advocate Shahrukh Alam before a division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia which said that the pleas will be heard tomorrow. One of the habeas corpus pleas has...
Setting Aside Or Modifying Trial Court Order Not Reflection On Judge's Integrity: Delhi High Court
The Delhi High Court has observed that merely because an order passed by a trial court is set aside or modified by a higher court, no inference can be drawn regarding the competence, integrity, or ability of the judicial officer concerned, unless specific adverse observations to that effect are recorded.Justice Swarana Kanta Sharma said that such judicial scrutiny is an inherent feature of...
Accused Can't Be Faulted For Smart Replies, Interrogator Must Be Smarter To Extract Information: Delhi High Court
The Delhi High Court has observed that merely because an accused is smart in responding to the questions of the interrogator cannot mean that he is not cooperating in the interrogation. “Nobody is under a duty not to be smart. It is the interrogator who has to be smarter in order to elicit the requisite information,” Justice Girish Kathpalia said. The Court made the observations...
Interim Maintenance Under Section 125 CrPC Must Ordinarily Be Granted From Date Of Application: Delhi High Court
The Delhi High Court has reiterated that interim maintenance under Section 125 CrPC should ordinarily be awarded from the date of filing of the application, and not from a later date, unless the court records cogent reasons for deviating from the general rule.Justice Dr. Swarana Kanta Sharma observed, “Where a wife and minor children approach the Court alleging neglect and refusal to...
Mere Allegation Of Being Involved In “Day-To-Day Activities” Of Company Insufficient To Attract Liability U/S 138 NI Act: Delhi High Court
The Delhi High Court has held that a mere allegation that a person was involved in the “day-to-day business activities” of a company is not sufficient to attract vicarious liability under Section 141 of the Negotiable Instruments Act (NI Act) in cheque dishonour cases.Justice Dr. Swarana Kanta Sharma made the observation while quashing criminal proceedings initiated against a man who had...