Delhi High Court
Abhijeet Dipke Moves Delhi High Court Against Blocking Of Cockroach Janta Party's X Account
Abhijit Dipke, the founder of 'Cockroach Janata Party' has moved the Delhi High Court against blocking of the party's X account. 'Cockroach Janata Party' is a satirical social media movement which emerged in response to an oral comment made by the CJI during a hearing, where he equated unemployed youth attacking systems under the garb of online activism as 'cockroaches'. The CJI later clarified that he was referring to persons with fake degrees. The social media handles of 'Cockroach Janata...
Delhi High Court Adjourns CBI's Plea Against Discharge Of Arvind Kejriwal, Others In Excise Policy Case To July 16
The Delhi High Court on Monday (May 25) adjourned till July hearing of CBI's plea challenging discharge of the accused in the excise policy case.The court has also listed ED's plea seeking expunging of certain adverse observations made by the trial court while discharging all in the excise policy case, along with CBI's plea. Last week the court had said that fresh notice be issued to AAP Chief Arvind Kejriwal, and leaders Manish Sisodia and Durgesh Pathak, regarding transfer of the...
OCI Card Case: Delhi High Court Grants Centre Time To Reply To Siddharth Varadarajan's Affidavit On 'Suppression' Of Bail Conditions
The Delhi High Court on Monday (May 25) granted time to the Centre to respond to an affidavit filed by The Wire's Founding Editor Siddharth Varadarajan with regard to omission in disclosing bail conditions imposed upon him by the Allahabad High Court, in his plea seeking an Overseas Citizen of India card. For context, Varadarajan had challenged Central Government's order rejecting his request for conversion of his PIO (person of Indian Origin) card to OCI card.Earlier the high court said...
Delhi Gymkhana Club Moves High Court Against Centre's Direction To Vacate 27.3-Acre Lutyens' Delhi Premises
A suit has been filed by the members of the prestigious Delhi Gymkhana Club before the Delhi High Court challenging the Centre's order directing it to vacate its 27.3 acre premises in Lutyens' Delhi by June 5.The matter was mentioned before a bench of Justice Avneesh Jhingan on Monday (May 25) by senior advocate Abhishek Manu Singhvi for urgent listing. The case will be heard tomorrow (May 26).Central government has claimed the land parcel is located in a highly sensitive and strategic area...
Delhi High Court To Hear Tomorrow Athar Khan's Bail Plea In 2020 Delhi Riots Larger Conspiracy Case
The Delhi High Court on Monday (May 25) listed for tomorrow (Tuesday) the bail plea of Athar Khan who has been booked in the 2020 North-East Delhi riots "larger conspiracy" case.Last week the high court had granted bail to co-accused Saleem Malik. The court had then listed Khan's plea today. A division bench comprising Justice Prathiba M Singh and Justice Madhu Jain has now listed the matter for hearing tomorrow. Khan has challenged the trial court order passed on January 29...
Opportunity To Lead Pre-Summoning Evidence Must Be Given Even In Criminal Cases Appearing 'Civil': Delhi High Court
The Delhi High Court has held that even where a Magistrate declines to order registration of an FIR under Section 156(3) CrPC, the complainant must ordinarily be given an opportunity to lead pre-summoning evidence before the complaint is dismissed as being “purely civil” in nature. Justice Manoj Jain observed that the “dividing line” between a civil breach of contract and criminality...
Courts In Exercise Of Judicial Review Cannot Supply 'Deeming Fiction' Missing From Tender Conditions: Delhi High Court
The Delhi High Court has held that courts cannot supply a “deeming fiction” absent from tender conditions, while examining eligibility disputes in public contracts. A division bench of Justices Anil Kshetarpal and Amit Mahajan clarified that when the tender does not contain any deeming provision by which a suspended, or abandoned work would be treated as a completed work merely because...
Repeated Brick Blows During Sudden Fight Between Intoxicated Friends Does Not Attract Murder Charges: Delhi High Court
In a case involving a drunken altercation between two friends over liquor payment, the Delhi High Court has converted murder conviction into culpable homicide not amounting to murder, holding that the incident occurred in the heat of passion without premeditation. A Division Bench of Justices Prathiba M. Singh and Madhu Jain held that the case would fall under Section 304 Part II IPC and...
“Requires Courage To Report Sexual Assault Even Today, What About 25 Yrs Back”: Delhi High Court On Omission In Survivor's Testimony
The Delhi High Court has observed that courts must remain conscious of the social stigma, fear of ostracisation and societal pressure faced by women while assessing their testimony in sexual assault cases, particularly that took place decades ago.Justice Vimal Kumar Yadav remarked that even today, reporting sexual assault requires considerable courage, “what to talk about 25 years...
Property Disputes Between In-Laws & Daughter-In-Law Not Within Exclusive Jurisdiction Of Family Court: Delhi High Court
The Delhi High Court has held that ownership disputes between in-laws and a daughter-in-law over a self-acquired property do not fall within the exclusive jurisdiction of Family Courts merely because the parties are related through marriage. Upholding dismissal of a plea seeking transfer of a mother-in-law's injunction suit to the Family Court, Justice Amit Sharma observed that proprietary...
Having Public Witnesses Who Turn Hostile May Do More Harm Than Good: Delhi High Court
The Delhi High Court has observed that while independent public witnesses lend credibility to criminal investigations, their absence is not always fatal to the prosecution case, particularly when the witnesses produced are otherwise truthful and reliable. Justice Vimal Kumar Yadav remarked that public witnesses often turn hostile, sometimes causing greater damage to the prosecution than...