Delhi High Court Weekly Round-Up: June 12 To June 18

Citations 2023 LiveLaw (Del) 508 to 2023 LiveLaw (Del) 521NOMINAL INDEXPANKAJ BANSAL v. STATE (GOVT. OF NCT DELHI) & ANR. and other connected matter 2023 LiveLaw (Del) 508SADANAND AND ANR. v. CENTRAL BOARD OF SECONDARY EDUCATION AND ORS. 2023 LiveLaw (Del) 509RS v. MB 2023 LiveLaw (Del) 510MINOR VICTIM-V v. THE STATE & ANR. 2023 LiveLaw (Del) 511SAMEER MAHANDRU v. DIRECTORATE OF ENFORCEMENT 2023 LiveLaw (Del) 512FIITJEE LIMITED v. ALLEN EDUCATION AND MANAGEMENT SERVICES PVT. LTD & ORS. 2023 LiveLaw (Del) 513IBRAHIM PUTHANATHANI v. NIA 2023 LiveLaw (Del) 514Preeti Chandra v. ED 2023 LiveLaw (Del) 515PROF DR SANJEEV BAGAI & ORS. v. DEPARTMENT OF ENVIRONMENT GOVT OF NCT OF DELHI THROUGH ITS PRINCIPAL SECRETARY (ENVIRONMENT AND FOREST) & ORS. 2023 LiveLaw (Del) 516Rishiraj Aluminium Private Limited Versus Goods And Service Tax Officer 2023 LiveLaw (Del) 517Ohmi Industries Asia Private Limited Versus Assistant Commissioner 2023 LiveLaw (Del) 518ALL RESIDENTS WELFARE SOCIETY (ARWS). v. CAELUM ARPIT BRAND TECHNOLOGIES PRIVATE LIMITED & ORS. 2023 LiveLaw (Del) 519BADAM VERVA v. DELHI BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE BOARD & ANR. 2023 LiveLaw (Del) 520MMTC Limited vs Aust Grain Exports Pty. Ltd 2023 LiveLaw (Del) 521Discretion To Choose High Court Or Sessions Court For Moving Anticipatory Bail Can’t Be Restricted By Narrow Interpretation: Delhi High CourtTitle: PANKAJ BANSAL v. STATE (GOVT. OF NCT DELHI) & ANR. and other connected matterCitation: 2023 LiveLaw (Del) 508The 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 the courts have concurrent jurisdiction to deal with such cases.“It is discretionary for the Applicant either to approach the High Court or the Court of Session. There is no restraint cast upon the Applicant to approach this Court first. It is based upon the discretion of the Applicant which Court they want to approach since both the Court have concurrent jurisdiction and the same cannot be restricted by construing the provision of Section 438 of Cr.P.C. narrowly,” the court said.Permissible To Change Surname To Avoid Prejudices Attached To A Particular Caste, Right To Life Includes ‘Right To Identity’: Delhi High CourtTitle: SADANAND AND ANR. v. CENTRAL BOARD OF SECONDARY EDUCATION AND ORS.Citation: 2023 LiveLaw (Del) 509Observing 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 may be available to the adopted caste/surname, said the court.“The Right to Identity is an intrinsic part of Right to Life under Article 21 of the Constitution of India. There is no denying the fact that Right to Life includes within its ambit, the Right to Live with Dignity, which includes not to be tied down by any casteism that a person may face on account of the caste to which such person belongs. Thus, if a person wants to change his or her surname, so as not to be identified with any particular caste that may be a cause of prejudice to such person in any manner, the same is permissible,” Justice Mini Pushkarna held in a judgment passed on May 19.Revisional Court Can’t Make Deposition Of Arrears A Condition For Grant Of Stay On Interim Maintenance Order U/S 125 CrPC: Delhi High CourtTitle: RS v. MBCitation: 2023 LiveLaw (Del) 510The 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 under Section 125 CrPC, the revisional court for yet another reason cannot impose as a pre-condition to grant of stay on operation of the assailed interim maintenance order, such general rider of deposit of the entire amount of awarded maintenance ignoring the overall circumstances of the case,” a vacation bench of Justice Girish Kathpalia observed.Delhi High Court Permits 13-Yr-Old Rape Victim To Undergo Medical Termination Of Pregnancy, Directs DSLSA To Look Into Grant Of CompensationTitle: MINOR VICTIM-V v. THE STATE & ANR.Citation: 2023 LiveLaw (Del) 511The Delhi High Court has 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...

Delhi High Court Weekly Round-Up: June 12 To June 18

Nupur Thapliyal

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