Delhi High Court Allows Recording Of US Based Witness' Evidence Via Video Conferencing In Official Secrets Act Case

The Delhi High Court has allowed recording of evidence of a US based prosecution witness via video conferencing in an Official Secrets Act case concerning businessman Abhishek Verma.Justice Sanjeev Narula said that the apprehension of the Trial Court, that using video conferencing may result in leakage of classified material, can be taken care of through regulation and safeguards and...

Mere Omission To Disclose Other Properties Doesn't Disentitle Landlord From Obtaining Tenant's Eviction For Bonafide Use: Delhi High Court

The Delhi High Court has observed that mere omission by a landlord to disclose other properties owned by him will not disentitle him from obtaining eviction of a tenant for bonafide use of the tenanted premises.“In any event, mere omission to disclose the existence of alternative accommodation in the pleadings cannot, by itself, be construed as a ground to disentitle the landlord from...

Renting/Leasing Residential Premises For Use As Residence Exempt From GST: Delhi High Court

The Delhi High Court has held that GST cannot be levied on renting/ leasing of residential premises for use as residence.Justice Sachin Datta clarified thus while dealing with a plea to quash an order passed by the Collector of Stamps directing the petitioner to pay allegedly deficient stamp duty on a lease deed executed with a private company, in respect of a residential property in...

Banks Can't Be Summoned As Accused For Defamation, Declaring Company 'Fraud' Not Defamatory: Delhi High Court

The Delhi High Court has held that banks cannot be summoned as an accused for defamation as they lack the state of mind or mens rea necessary to constitute the offence. Justice Neena Bansal Krishna said that the act of the banks in declaring a Company as fraud, in discharge of their banking activities and in good faith, does not constitute defamation. The Court was dealing with a batch of...

PIL Filed In Delhi High Court Against CBFC Certification To 'The Taj Story'; Alleges Distortion Of Historical Facts, Communal Propaganda

A public interest litigation has been filed before the Delhi High Court against the certification given to “The Taj Story” film, slated to be released on October 31, citing fabrication of facts and propagation of a "communal propaganda.”The plea has been filed today by lawyer Shakeel Abbas. He has alleged that the movie's potential is to create a communal disturbance amongst...

Derogatory Social Media Posts Against Complainant, Judge Or Police Can Be Considered To Deny Anticipatory Bail: Delhi High Court

The Delhi High Court has observed that an accused can be denied anticipatory bail if he has been posting complainant's photographs on social media using inappropriate language as well as making posts against the judge or investigating agency.Justice Neena Bansal Krishna denied anticipatory bail to a man, a law student, noting that he had been using obscene and derogatory language against...

Income Tax Commissioner's Order For Reopening Assessment U/S 151 Income Tax Act Can Be In Words "Yes, I Am Convinced": Delhi High Court

The Delhi High Court has held that the Income Tax Commissioner's order granting sanction under Section 151 of the Income Tax Act 1961 for reopening assessment after four years of the relevant Assessment Year (AY) can be in the words— “Yes, I am convinced”.Section 151(1) of the Act categorically provides that no notice for reassessment shall be issued under Section 148 by the...

Court Appointed Committees Can't Perform Judicial Functions On Claims Over School Fee Hike, Payment Of Teachers' Salaries: Delhi High Court

The Delhi High Court has ruled that the Committees appointed by the Court on zonal and central level to decide on fee hike and payment of teachers of unaided private schools in the national capital cannot perform judicial functions. A division bench comprising Justice Subramonium Prasad and Justice Vimal Kumar Yadav observed that the committees set-up by the Court are different from...

Prosecution Must Prove Victim Was Below 16 Years For Rape Conviction In Cases Prior To 2013 Amendment: Delhi High Court

The Delhi High Court has ruled that the prosecution must prove that the minor rape victim was below the age of 16 years, for securing conviction of the accused in cases commencing prior to Criminal Law (Amendment) Act, 2013.While acquitting a man convicted for allegedly raping an 11 year old girl in 2005, Justice Swarana Kanta Sharma said:“It is important to remember that the alleged...

Criminal Prosecution Can't Continue After Exoneration In Departmental And Vigilance Inquiry: Delhi High Court

The Delhi High Court has held that criminal prosecution cannot continue when the departmental proceedings as well as the Vigilance inquiry have found no merit in the allegations against an individual.Justice Neena Bansal Krishna allowed the petitions filed by one Gurbachan Singh Matta challenging an FIR registered by the CBI (Bank Securities & Fraud Cell) and framing of corruption...

Legal Heirs Have Right To Seek Impleadment In Pending Appeals Under FEMA: Delhi High Court

The Delhi High Court has observed that legal heirs have right to seek Impleadment after the appellant's death in pending appeals under the Foreign Exchange Regulation Act, 1973, and the Foreign Exchange Management Act, 1999. “…the right to seek impleadment of legal heirs in such circumstances is not one that arises dehors the statute; rather, it is one that is expressly recognised...

Three New Judges Take Oath At Delhi High Court, Strength Rises To 44

Justice Dinesh Mehta, Justice Avneesh Jhingan and Justice Chandrasekharan Sudha took oath as judges of the Delhi High Court on Tuesday.The oath of office was administered to the new judges by Chief Justice Devendra Kumar Upadhyaya. After this development, the strength of judges at the Delhi High Court has risen to 44. The sanctioned strengthen of judges is 60.Justice Mehta and Justice...