Delhi High Court Weekly Roundup: January 17 To January 23, 2022

IMPORTANT JUDGMENTS/ ORDERS1. Look Out Circular Curbs Right To Travel, Should Be Issued Only In Exceptional Circumstances & On Cogent Reasons: Delhi High CourtCase Title: Vikas Chaudhary v. Union of India & Ors.;Citation: 2022 LiveLaw (Del) 21The Delhi High Court has held that the State was unjustified in restricting an individual's right to travel abroad by issuance of a Look Out Circular when it could not establish any evidence that the right would be 'detrimental to the economic interests of India'.Justice Rekha Palli was hearing a Writ Petition filed by a businessperson of garment manufacturing based in Delhi to quash a Look Out Circular (LOC) issued against him by the Respondents, the Ministry of Home Affairs and the Income Tax Department.The Court noted that the LOC had remained in force for almost three years, during which period, the respondents have admittedly not taken any further action against the petitioner.2. Look Out Circular Curbs Right To Travel, Should Be Issued Only In Exceptional Circumstances & On Cogent Reasons: Delhi High CourtCase Title: Union of India v. Hemant KumarCitation: 2022 LiveLaw (Del) 22The Delhi High Court has clarified that the extension of limitation by the Supreme Court would apply to decisions rendered by the Authorities under the Payment of Gratuity Act, 1972.While hearing an appeal filed against an order of the Appellate Authority which had dismissed an appeal filed by the Petitioner on the ground that the appeal was barred by limitation, Justice Pratibha M Singh clarified that the extension of limitation by an order of the Supreme Court dated 23.09.2021 would apply to decisions of the Appellate Authority under the Payment of Gratuity Act.It further directed that the same be communicated to all the other authorities under the Act, so that the benefit of the computation of the period of limitation is extended to all and multiplicity of proceedings as has happened in the present case is avoided.3. Permitting Use Of Illegally Intercepted Conversations In Court Would Violate Citizens' Fundamental Rights: Delhi High CourtCase Title: JATINDER PAL SINGH v. CENTRAL BUREAU OF INVESTIGATIONCitation: 2022 LiveLaw (Del) 23The Delhi High Court has observed that if illegally intercepted messages or audio conversations pursuant to an order having no sanction of law are permitted, it would lead to manifest arbitrariness and would promote scant regard to the procedure and fundamental rights of the citizens.Justice Chandra Dhari Singh thus set aside two orders passed by Special Judge which had framed charges against one Jatinder Pal Singh in 2012 in a case registered by CBI, on the basis of evidence gathered through such illegal means.The case alleged that there was a criminal conspiracy with the object to show favor qua recognition of the courses and grant of permission pertaining to Gian Sagar Medical College and Hospital, Patiala as mandated by the Indian Medical Council Act, 1956 and the relevant MCI Regulation and Rules for admission into 4th year of the MBBS course for the academic session 2011-2012.4. Insurance Company Can't Avoid Liability If Offending Vehicle Is Stolen & Unauthorisedly Driven By Someone Else: Delhi High CourtCase Title: UNITED INDIA INSURANCE CO. LTD v. SMT ANITA DEVI AND ORSCitation: 2022 LiveLaw (Del) 24The Delhi High Court has observed that the insurance company cannot avoid it's liability of compensating the deceased's family, even if the offending vehicle was stolen and was being unauthorisedly driven by someone else.Justice Sanjeev Sachdeva added that in order to avoid the liability, the insurer must establish that there was a willful breach on the part of the insured.Accordingly, the Court upheld the order passed by the Tribunal which had directed the insurance company pay the compensation amount and recover the same from the driver who had stolen the vehicle.5. "Sending Photograph Of Summons Through WhatsApp Not Overreach Of Judicial System": Delhi High CourtCase Title: ICICI BANK LIMITED v. RASHMI SHARMACitation: 2022 LiveLaw (Del) 25The Delhi High Court has set aside an order passed by a Commercial Court to the extent of issuing a show cause notice of criminal contempt after a plaintiff had sent the photograph of summons to the defendant through WhatsApp.The Court said that the same cannot amount to overreaching the judicial system or running a parallel system with the judicial system.Justice Amit Bansal was dealing with a plea challenging the Commercial Court order wherein notice was directed to be issued to the ICICI Bank Ltd., the petitioner, through the Chairman, as to why criminal contempt should not be initiated against him for overreaching the process of the Court.Also Read: Subordinate Courts Can't Assume Jurisdiction & Issue Contempt Notices, Power Rests With HC Alone: Delhi High Court6. "Complete Forgery Of Documents": Delhi High Court On UP Police Manipulating Records Following Illegal ArrestCase Title: Teenu & Anr. v. GNCTDCitation:...

Delhi High Court Weekly Roundup: January 17 To January 23, 2022

Nupur Thapliyal