Delhi High Court
Delhi High Court Permits 13-Yr-Old Rape Victim To Undergo Medical Termination Of Pregnancy, Directs DSLSA To Look Into Grant Of Compensation
The Delhi High Court on Monday permitted a 13-year-old minor rape victim to undergo medical termination of pregnancy with 24 to 26 weeks old foetus. A vacation bench of Justice Jasmeet Singh also directed the Delhi State Legal Services Authority to look into the compensation to be paid to the minor. On June 09, the court had directed the medical board, comprising of minimum two doctors at...
Revisional Court Can’t Make Deposition Of Arrears A Condition For Grant Of Stay On Interim Maintenance Order U/S 125 CrPC: Delhi High Court
The Delhi High Court has observed that a revisional court, while considering the grant of stay of the interim maintenance order passed under section 125 of CrPC, cannot put a general direction of depositing the entire maintenance amount by ignoring the facts of circumstances of the case. “While exercising the revisional scrutiny of an interim maintenance order passed in proceedings...
Permissible To Change Surname To Avoid Prejudices Attached To A Particular Caste, Right To Life Includes ‘Right To Identity’: Delhi High Court
Observing that right to identity is an intrinsic part of Article 21 of the Constitution of India, the Delhi High Court has said that it is permissible for an individual to change his or her surname to be not able to be identified with any particular caste “that may be a cause of prejudice” to such person. The change will not lead to advantage of any reservation or any other benefit that...
Discretion To Choose High Court Or Sessions Court For Moving Anticipatory Bail Can’t Be Restricted By Narrow Interpretation: Delhi High Court
The Delhi High Court has ruled that the discretion of an applicant to choose either High Court or trial court for moving anticipatory bail plea cannot be restricted by construing section 438 of CrPC narrowly. Analyzing the provision, a vacation bench of Justice Chandra Dhari Singh said that there is no bar on approaching the High Court directly for seeking anticipatory bail and that both...
Delhi High Court Weekly Round-Up: June 05 To June 11
Citations 2023 LiveLaw (Del) 490 to 2023 LiveLaw (Del) 507NOMINAL INDEXNHAI v. Suresh Chandra 2023 LiveLaw (Del) 490NUOVOPIGNONE INTERNATIONAL SRL v. CARGO MOTORS PRIVATE LIMITED & ANR 2023 LiveLaw (Del) 491Unique Décor (India) Pvt. Ltd. v. Synchronized Supply Systems Ltd. 2023 LiveLaw (Del) 492MINOR K THROUGH BROTHER D v. STATE & ANR 2023 LiveLaw (Del) 493Manish Sisodia v. ED...
Delhi High Court Directs Dept. To Reconsider Travelport UK’s Refund Adjustment
The Delhi High Court has directed the department to reconsider Travelport UK’s refund adjustment on the basis of the contents of the writ petition.The bench of Justice Vibhu Bakhru and Justice Amit Mahajan has set aside the department’s action in adjusting a sum of Rs. 6,27,20,736 under Section 245 of the Income Tax Act and remanded the matter to the concerned authority to decide...
AICTE Regulations 2007 Can’t Be Forced On Universities To Compulsorily Provide For Admissions Through Lateral Entry: Delhi High Court
The Delhi High Court has ruled that the All India Council for Technical Education (AICTE) Lateral Entry Regulations, 2007 cannot be construed to be mandatory in nature to mean that all institutions must grant admission through lateral entry.Justice Purushaindra Kumar Kaurav made the observation in the judgment on a writ petition seeking a direction to Public Universities to provide...
Delhi High Court Directs Northern Railway, Contractor To Pay Over ₹23 Lakh To Parents Of 12-Yr-Old Boy Who Died After Falling In Unprotected Pit
The Delhi High Court has directed the Northern Railway and a contractor, who was engaged for construction work of a rainy well, to pay over Rs. 23 lakhs compensation to parents of a 12 years old boy who died after falling and drowning in the pit in 2013. A division bench of Justice Najmi Waziri and Justice Sudhir Kumar Jain directed that the compensation be paid along with simple interest @...
Haj Pilgrimage Falls Within Ambit Of Religious Practice, Protected Under Article 25: Delhi High Court
The Delhi High Court has ruled that the Haj pilgrimage falls within the ambit of religious practice and is protected under Article 25 of the Constitution of India. “Haj Pilgrimage and the ceremonies involved therein fall within the ambit of a religious practice, which is protected by the Constitution of India. Religious freedoms are one of the most cherished rights guaranteed and...
Plea That The Arbitrator Is De Jure Ineligible Can Be Raised As An Additional Ground To Challenge Award, Even Without Amendment Of S. 34 Petition: Delhi High Court
The Delhi High Court has ruled that the plea that the Arbitrator is de jure ineligible to act as an Arbitrator is a plea of lack of jurisdiction. This plea can be allowed to be raised as an additional ground in a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (A&C Act), by way of an amendment and even without the same, the court has held.The bench of...
Political Clearance Granted To Atishi Marlena For Official Visit To UK: Union Govt To Delhi High Court
The Union Government on Wednesday informed the Delhi High Court that political clearance has been granted to Delhi’s Education Minister Atishi Marlena for her official visit to the United Kingdom.Justice Chandra Dhari Singh was hearing Marlena’s plea seeking direction on the Union of India to process all requisite clearances. She has been invited in her official capacity by...
Delhi High Court Issues Fresh Circular On Dress Code Of Judicial Officers
The Delhi High Court has revised the Rule which provides for dress code for judicial officers of the district courts and the practicing lawyers."The dress of the Presiding Officer should be in keeping with the dignity of his office. Shorts and short-sleeves are quite unsuitable for the Presiding Officers of a Court," the high court said in a circular.Substituting Rule 30 of the Canons of...