Delhi High Court
Delhi High Court Directs DDA To Maintain Status Quo On Land Where 600-Yr-Old Mosque In Mehrauli Was Demolished
The Delhi High Court on Monday directed the Delhi Development Authority (DDA) to maintain status quo on the land on which the 600-year-old mosque, Masjid Akhonji, was demolished in city's Mehrauli area.Justice Sachin Datta passed the order while dealing with an urgent application filed by the Managing Committee of the Delhi Waqf Board. The status quo shall be maintained till February 12....
Delhi High Court Dismisses Writ Petition, Permits Petitioner To Avail Remedy Under S. 37 Of Arbitration Act
The Delhi High Court bench comprising Justice Subramonium Prasad held that the aggrieved party should avail the alternate remedy available under the Arbitration and Conciliation Act, 1996 before approaching the court under Article 226 unless there are extraordinary or exceptional circumstances. Further, the bench held that the remedy available to a party under Article 226 is not absolute...
Exporters Not Traceable, Customs Broker Can't Be Held Liable After Issuance Of 'Let Export Orders': Delhi High Court
The Delhi High Court has held that as a customs broker, the petitioner cannot be held liable because exporters were not traceable after the issuance of 'Let Export Orders' and the export of the goods out of the country.The bench of Justice Yashwant Varma and Justice Ravinder Dudeja has observed that once the Importer Exporter Code (IEC) particulars as mentioned are verified from the system...
Person Can't Be Sent To Jail For More Than Three Months Over Recovery Of Maintenance Arrears In Subsequent Execution Petition: Delhi High Court
The Delhi High Court has ruled that a person cannot be sent to jail for more than three months, over non-payment of arrears of maintenance to the spouse, in the subsequent execution petitions filed for recovery of maintenance which may accrue from time to time under the same order.A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna analyzed Section 58 (1) of the Code...
Authority Asking For OBC-NCL Certificate Should Keep Cut-Off Date Of Issuance In Line With Financial Year, Deviation Creates Confusion: Delhi HC
The Delhi High Court has observed that an authority asking for OBC-Non Creamy Layer (NCL) certificate should keep the cut-off date of its issuance in line with a particular financial year, as any deviation not only creates confusion and uncertainty but also deprives deserving candidates of reservation benefit.Justice Purushaindra Kumar Kaurav said that the OBC-NCL certificate is issued by...
Wife Pressurising Husband To Fulfil Whimsical Dreams Beyond His Financial Reach Sufficient Mental Strain: Delhi High Court Upholds Divorce
While upholding divorce of a couple on the ground of cruelty by wife, the Delhi High Court has observed that pressurising the husband to fulfil “distant and whimsical dreams” not within his financial reach may create a sense of “persistent dissatisfaction” which would be sufficient mental strain to drain the contentment and tranquillity out of any married life. A division bench of...
Foreigners Being Held In Detention Centres Despite Bail, Trial Courts Must Expeditiously Dispose Of Cases Against Them: Delhi High Court
The Delhi High Court has underscored the need of speedy disposal of cases against foreign nationals who are detained in detention centres despite being admitted to bail, thereby restricting their liberty due to pendency of cases for long period.Justice Anoop Kumar Mendiratta said that the trial courts in the national capital must deal with criminal cases involving foreigners expeditiously, in...
Adulterous Spouse Not Equivalent To 'Incompetent Parent', Extramarital Affair Not Sole Factor To Deny Child's Custody: Delhi High Court
Observing that an “adulterous spouse” is not equivalent to an “incompetent parent,” the Delhi High Court has said that the points for consideration in divorce proceedings and custody matters may be co-related but they are always “mutually exclusive.”A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna said that an adulterous relationship or...
CBI Not Exempted Under RTI Act, Must Provide Info On Corruption And Human Rights Violations Except 'Sensitive Investigation': Delhi HC
Rejecting the argument that the Central Bureau of Investigation (CBI) is exempted from provisions of Right to Information Act, 2005, the Delhi High Court has said that the probe agency must provide information on corruption and human rights violations, except in investigations which are sensitive in nature. Justice Subramonium Prasad said that even though CBI's name is mentioned in the...
Plea In Delhi High Court Challenges BCI's Notification To Permit Entry Of Foreign Law Firms In India
A petition has been filed before the Delhi High Court challenging a notification issued by the Bar Council of India (BCI) last year permitting the entry of foreign law firms and lawyers in India. The matter was listed today before a division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora which listed it for hearing on February 06, as the counsel appearing for...
DDA Can't Carry Out Demolition On Its Own Whims & Fancies, Must Issue Show Cause Notice & Adjudicate On Objections: Delhi High Court
The Delhi High Court has recently observed that the Delhi Development Authority (DDA) cannot carry out any demolition on its own whims and fancies and must issue show cause notice and adjudicate the reply or objections raised by a party before initiating such action. “The respondent (DDA), being the State, is required to follow principles of natural justice and cannot carry out any...
Delhi High Court Dismisses Plea Seeking SIT Probe Into Alleged Siphoning Of Funds By Promoters Of Indiabulls Housing
The Delhi High Court on Friday dismissed a plea seeking an in-depth, thorough and time bound investigation by a Special Investigation Team (SIT) into alleged illegalities, violations and siphoning of funds by the promoters of Indiabulls Housing Finance Limited (IBHFL) and its subsidiaries.A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna observed that...