Delhi High Court
Delhi High Court Fines Litigants ₹50K For Casting 'Mythical' Aspersions Against Judge
The Delhi High Court has fined two litigants for filing a transfer petition by “making and cooking up an imaginary story” and casting aspersions based on “misleading and mythical” assertions on a sitting trial court judge. Justice Saurabh Banerjee took a serious objection to the filing of the petition and dismissed it with a costs of Rs. 50,000 to be deposited with the Delhi High...
Denial Of Parole To Perform Parent's Last Rites Violates Article 21: Delhi High Court
The Delhi High Court has observed that the right to perform last rites of a parent is an essential religious and moral duty and denial of parole in such a case violates a convict's right to dignity under Article 21 of the Constitution of India.Justice Ravinder Dudeja granted four weeks parole to a man convicted in a rape case registered in 2018. He was sentenced to undergo rigorous...
Indian Courts Not Barred From Executing Foreign Decree Pending Enforcement Abroad, Parallel Execution Is Permissible: Delhi High Court
The Delhi High Court has made it clear that parallel enforcement of a foreign decree is permissible under Section 44A CPC i.e., when the decree is being executed both in the cause country (where decree was passed) and in India.Section 44A(1) of CPC enables a foreign decree, rendered by a superior Court in a reciprocating territory, to be executed in India as if it were passed by a District...
Delhi High Court Quashes FIR Between Neighbours, Asks Accused To Hold Bhandara For Children During Navratra & Diwali
While quashing an FIR between neighbours over a fight, the Delhi High Court has asked the accused parties to hold “bhandara” for poor children on two occasions- Navratra and Diwali. Justice Anish Dayal passed the order after the husband and wife, accused in the FIR, undertook to organize bhandara for atleast 50 poor children of the area, once during Navratra period and second time...
Delhi High Court Quashes FIR Against AAP Media Coordinator Over Altercation With Female Journalist, Imposes ₹25K Costs
The Delhi High Court has recently quashed an FIR registered against Aam Aadmi Party Media Coordinator Vikas Kumar Yogi over an altercation with a female journalist, after the parties entered into a settlement.Justice Amit Mahajan said that no useful purpose would be served by keeping the dispute alive and that continuance of proceedings would amount to abuse of judicial process.However, the...
Balance Needed Between Combating Dowry Harassment And Protecting Rights Of Innocents: Delhi High Court
The Delhi High Court has called for balance between combating dowry harassment and cruelty from the society, and the rights of innocent individuals roped in such cases due to distant relationship with the accused.“The evils of dowry harassment and cruelty are a pestilence to the sanctum that is marriage. Undoubtedly, they must be dealt with in utmost seriousness. However, the attempt to...
Delhi High Court Questions Centre On Implementation Of Digital Personal Data Protection Act
The Delhi High Court has asked the Central Government about enforcement of the Digital Personal Data Protection (DPDP) Act, 2023.The legislation paves way for processing digital personal data in a manner that protects both— individuals' right to privacy and the need to process their personal data for lawful purposes.However, despite receiving Presidential assent on August 11, 2023, the Act...
S.171 GST Act | Businesses Registration Can Be Cancelled Over Non-Reduction Of Prices After GST-Rate Cut: Delhi High Court
The Delhi High Court has held that an authority constituted under Section 171 of the Central Goods and Services Tax Act 2017 can order businesses to reduce their prices following reduction in GST rates applicable to their products.A division bench of Justices Prathiba M. Singh and Shail Jain further held that such authority can also impose penalty or cancel GST registration of those in...
After GST Rate Cut, Non-Reduction Of Price Can't Be Justified By Secretly Increasing Product Quantity At Same MRP : Delhi High Court
The Delhi High Court has made it clear that when GST rates applicable on a given product are reduced by the GST Council, its benefit should trickle down to the end consumer by reduction in prices of such products.A division bench of Justices Prathiba M. Singh and Shail Jain observed that letting manufacturers increase the quantity of the product while charging the same MRP will defeat the...
Shopowner Can't Seek Rehabilitation On Acquisition Of Land By DMRC Unless He Does Business From There: Delhi High Court
The Delhi High Court has made it clear that Delhi Metro's 'Relocation and Rehabilitation policy in respect of project affected persons' does not contemplate rehabilitation for shopowners whose shops are acquired for a project, unless they are 'doing business' from the said shop.“In order to avail benefit of being awarded an alternate shop under the aforesaid policy/guideline, the petitioner...
45-Day Limitation To File Replication Runs From Date When Belated Written Statement Is Recorded, Not From Advance Service: Delhi High Court
The Delhi High Court has made it clear that merely because a written statement (WS), filed belatedly, is served by the Defendant on the Plaintiff, the same would not obligate the latter to file his rejoinder/ replication within 45 days thereafter.Justice Tejas Karia observed that the replication would be futile if the Court refuses to condone the delay in filing of WS. Hence, the...
Ignorance Of Nature Of Contraband No Defence Under NDPS Act: Delhi High Court While Denying Bail In Drug Trafficking Case
The Delhi High Court has denied bail to two men in an alleged drug trafficking syndicate case, observing that ignorance of the nature of contraband is no defence under the Narcotic Drugs and Psychotropic Substances Act, 1985. Justice Ajay Digpaul denied bail to a Nigerian national Ekoh Collins Chidubem and one Pradeep Kumar Jha in a case registered under Sections 8, 21, 23 and 29 of the...