Delhi High Court Refuses To "Throttle" ED Probe At Summons Stage Against Man Who Transacted With Lalu Yadav's Family

While denying relief to a man seeking copy of ECIR in a money laundering case, the Delhi High Court has said that it cannot throttle the investigative process of the Enforcement Directorate at the stage of issuance of summons under PMLA.Justice Swarana Kanta Sharma dismissed the plea moved by one Amit Katyal, who was not named as an accused in the land for job scam case, seeking quashing of...

Delhi HC Expresses Displeasure With Police, Hospitals For Not Ensuring Prompt Medical Examination Of Rape Victim Seeking To Terminate Pregnancy

The Delhi High Court has expressed strong displeasure over non-compliance of its directions regarding medical termination of pregnancy of rape victims by the Delhi Police and hospitals in the national capital, observing that it is being complied with only on paper but not in spirit. Justice Swarana Kanta Sharma said that the directions were passed in January keeping in mind that every day,...

High Court Directs Delhi Govt, MCD To Strictly Comply With Recent Supreme Court Ruling On Manual Scavenging

The Delhi High Court has directed the Delhi Government, Municipal Corporation of Delhi and other civic authorities in the national capital to strictly comply with a recent Supreme Court ruling which called for a complete eradication of the practice of manual scavenging.A division bench of Chief Justice Satish Chandra Sharma and Justice Tushar Rao Gedela asked the authorities to comply with a...

Child Sexual Abuse Serious Issue, Perpetrators Should Be Adequately Punished Irrespective Of Background, Domestic Responsibilities: Delhi High Court

The Delhi High Court has observed that the child sexual abuse is a serious issue, being “pervasive and disturbing”, which deserves adequate attention of every stakeholder directly or indirectly connected with administration of justice and judicial process.Justice Sudhir Kumar Jain said that the issue requires to be addressed with lot of sensitivity and sensibility, adding that it is...

Delhi High Court Upholds ITAT’s Decision On Selection Of Comparables For Determination Of Arm’s Length Price Of An International Transaction

The Delhi High Court had upheld the decision of the Income Tax Appellate Tribunal (ITAT) on the selection of comparables for the determination of the arm’s length price of an international transaction.The Bench of Justice Rajiv Shakdher and Justice Girish Kathpalia observed that the Tribunal not only followed the previous orders mentioned above to maintain consistency but also examined...

‘You Want People To Live In Gas Chambers?’: Delhi High Court Raps Forest Department Over Felling Of Trees

The Delhi High Court on Friday rapped the Delhi Government’s forest department for permitting felling of trees in the national capital, highlighting the recent issue of increasing level of air quality index. “You [forest department] want people to live in gas chambers? You are responsible for the mess that the citizens of Delhi are in today due to [air] pollution,” Justice Jasmeet...

Delhi High Court Sets Aside Arbitration Award Passed In Defiance Of Supreme Court Order

The High Court of Delhi has set aside an arbitral award for having been passed in defiance of the order of the Supreme Court. It held that such an award would be against the public policy and that if the arbitral tribunal is allowed to defy the order of the Supreme Court, it would violate principle of Judicial discipline. The bench of Justices Sanjeev Sachdeva and Manoj Jain held...

Decide Hindu Sena President’s Representation On ‘Wrong Historical Facts’ About Taj Mahal: Delhi High Court To ASI

The Delhi High Court on Friday asked the Archaeological Survey of India (ASI) to decide a representation submitted by the President of NGO Hindu Sena alleging that there are “wrong historical facts” in public domain regarding construction of Taj Mahal by Shahajahan.A division bench of Chief Justice Satish Chandra Sharma and Justice Tushar Rao Gedela disposed of a PIL filed by President...

Designation Of Venue Of Arbitration Tantamount To Seat Of Arbitration In Absence Of A Significant Contrary Indicia: Delhi High Court Reiterates

The High Court of Delhi has held that the venue of arbitration would actually be the seat of arbitration when the agreement does not contain any contrary indicia. It held that clause proving for venue of arbitration would have a superseding effect over a clause providing for exclusive jurisdiction on any other Court if the parties have expressly made the latter subject to the...

Can’t Let Economic Circumstances Of Parents Become ‘Death Warrants’ For Their Daughters In Matrimonial Homes: Delhi High Court On Dowry Death

The judicial system cannot stand by and allow the economic circumstances of a girl's parents to become death warrants and sentences for their daughters in their matrimonial homes, the Delhi High Court has observed while dealing with a dowry death case. Justice Swarana Kanta Sharma observed that to subject a woman to a life akin to a slave merely because of her marital status is an...

Delhi High Court Monthly Digest: October 2023 [Citations 917 - 1039]

Citations 2023 LiveLaw (Del) 917 to 2023 LiveLaw (Del) 1039NOMINAL INDEXPCIT Versus Pepsico India Holding Pvt. Ltd. 2023 LiveLaw (Del) 917 ADITYA N PRASAD v. GOVERNMENT OF NCT OF DELHI & ORS. 2023 LiveLaw (Del) 918 DOMINOS IP HOLDER LLC & ANR. v. MS DOMINICK PIZZA & ANR. 2023 LiveLaw (Del) 919 SUBHASHINI RATAN & ORS. vs LEGISLATIVE ASSEMBLY SECRETARIAT NCT OF DELHI & ORS....

Appointment Of Local Commissioner Cannot Be Sought By One Party To Marshal Better Evidence Against Another: Delhi High Court

In an application seeking appointment of a Local Commissioner (LC), the Delhi High Court on Wednesday held that such appointments cannot be sought by parties to equip themselves with ‘best evidence’ in their case against others.Speaking of Order 26 Rule 10A CPC which empowers a court to issue commissions, Justice C. Hari Shankar said that the provision was invocable only where the...