Delhi High Court Monthly Digest: January 2022

This digest contains a total of 66 important judgments and orders of the Delhi High Court for the month of January reported by Live Law. 1. Arrest In Breach Of 'Arnesh Kumar' Guidelines : Delhi High Court Sentences Police Officer To One Day ImprisonmentCase Title: RAKESH KUMAR v. VIJAYANTA ARYA (DCP) AND ORSCitation: 2022 LiveLaw (Del) 1In a significant judgment, the Delhi High Court held...

Orissa High Court Issues Directions To Deal With 'Ever-Growing' Stock Of Seized Vehicles & Properties In Police Stations

The Orissa High Court has issued a slew of directions to deal with the ever-growing stock of seized vehicles and other properties in various police stations in the State. A Division Bench, comprising of Chief Justice Dr. S. Muralidhar and Justice A.K. Mohapatra, was hearing a Public Interest Litigation ("PIL") filed by a practicing advocate, Ashis Ranjan Mohanty. The Court lamented...

Delhi Riots: High Court Grants Bail To Two Accused Of Killing 85 Yrs Old Woman, One Denied Relief

The Delhi High Court on Tuesday granted bail to two men accused in the murder case of 85 year old woman, Akbari who died of asphyxiation due to inhaling smoke during the North East Delhi riots after her house was set on fire by a riotous mob. One other accused has however been denied relief.Detailed order with reasons is yet to be uploaded.Justice Subramonium Prasad denied bail to Vishal...

Order XXII CPC| Appeal Doesn't Abate As A Whole Merely Due To Non-Substitution Of Some Legal Representatives: Gauhati High Court

The Gauhati High Court recently held that non-substitution of some of the legal representatives ("LRs") of the parties under Order XXII, CPC does not amount to abatement of the entire appeal. A Bench comprising of Justice Devashish Baruah held: "…the provisions contained in Order XXII would lend credit and support the view that they are devised to ensure the continuation...

'Shocking': Bombay HC Takes Suo Motu Cognisance Of Dangerous Boat & Forest Journey For Young Girls Of Maharashtra Village To Reach School

The Bombay High Court has taken suo motu cognisance of a "shocking" news report about the pitiable conditions in which young girls from a village in Satara District in Maharashtra are forced to take the arduous journey to school, in a boat and then through a dense forest. "..the laudable moto 'beti bachao, beti padhao' can be achieved only by providing a safe passage and a...

Delhi Court Seeks Police's Response In Plea Against Sudarshan TV, Suresh Chavhanke For Allegedly Hurting Religious Sentiments In Bindas Bol Show

A Delhi Court has sought action taken report from the Delhi Police in a plea filed against Sudarshan TV news channel and it's Editor-in-Chief Suresh Chavhanke over a news telecast on the show Bindas Bol for allegedly hurting the religious sentiments of the people from Muslim Community. Metropolitan Magistrate Gopal Krishnan of Rohini Courts has now posted the matter for further hearing on...

Extramarital Affair May Amount To 'Mental Cruelty' U/s 498(A) IPC Depending On Facts & Circumstances Of Case: Madras High Court

In a pertinent judgment, Madras High Court has observed that extramarital affairs can cause grave mental trauma and mental health issues leading to serious consequences in the matrimony, and that in turn, would amount to mental cruelty under Section 498(A) IPC. Justice D. Bharatha Chakravarty however added that when deciding whether a conduct amounted to cruelty, the Court has to look at...

'Prima Facie Input Tax Credit Wrongly Availed Exceeds Five Crores': Chennai Court Dismisses Bail Plea Of Person Accused Of Tax Evasion

The accused have admitted to have committed the offence...The evidentiary value of the statement obtained under Section 70 of TNGST Act has to be dealt with during the course of trial, the court clarified.

Delhi High Court Seeks DMRC's Stand On Making Payment Of Arbitral Award To DAMEPL

The Delhi High Court on Monday asked Delhi Metro Rail Corporation (DMRC) to take instructions as to how it will make the payment of arbitral award to Delhi Airport Metro Express Private Limited (DAMEPL). Justice Suresh Kumar Kait was hearing an early hearing application filed by DAMEPL in it's plea against DMRC, seeking enforcement of the arbitration award dated May 11, 2017."On the next date...

"Sensitive Matter": Delhi High Court Grants Protection To Inter Faith Couple Apprehending Honour Killing

The Delhi High Court has granted police protection to an inter faith couple who was apprehending honour killing at the hands of woman's family members, after observing that their constitutional right to life and liberty was under threat. Noting that the matter was sensitive in nature as the parties belonged to different religious communities, Justice Chandra Dhari Singh said:"There is no...

Bombay High Court Monthly Digest: January 2022

1. Bombay High Court Orders Constitution of Medical Boards For Medical Termination Of Pregnancy As Mandated under the MTP Act Case Title: XXX vs State of Maharashtra Case No: Writ Petition (L) NO.31015 OF 2021 Citation: 2022 LiveLaw (Bom) 1 The Bombay High Court has directed the state Government to forthwith constitute medical boards based on the Amended Act...

'Vague Reference To Previous Medical Treatment' : Calcutta HC Dismisses Plea Of Legal Insanity, Upholds Life Sentence Of Man For Murdering His Mother

The Calcutta High Court has recently upheld the life sentence awarded to a man for murdering his mother by dismissing his plea of legal insanity.A Bench comprising Justices Joymalya Bagchi and Kausik Chanda while dismissing the plea of legal insanity underscored, "I find it difficult to persuade myself that the appellant had discharged his onus to establish that he committed the crime...