Delhi High Court
Both Parties Are Entitled To Get The Benefit Of The Latter Part Of Section 34(3) While Computing The Period Of Limitation: Delhi High Court
The Delhi High Court bench of Justice C. Hari Shankar, while hearing a Section 34 petition, has held that any party can benefit from the second part of Section 34(3) when calculating the limitation period. The statute's language does not specify who should request under Section 33. Therefore, the benefit of calculating the limitation period from the date of disposal of the Section 33 application is available to both parties. Section 33 of the Arbitration Act provides for the ...
Service Bond Is Not A Contract Of Employment, Delhi High Court Upholds ESIC's Decision To Reduce Bond Period From Five/Three Years To One Year Post Qualification
The Delhi High Court has dismissed a batch of petitions filed by the Petitioners challenging the common order of the Central Administrative Tribunal (CAT) which upheld the decision of Employees State Insurance Corporation (ESIC) Dental College and Hospital in Rohini, Delhi. ESIC had reduced the service bond period to one year From Five/Three Years after attaining the qualification as per the revised policy.A Single Judge Bench of Justice Girish Kathpalia observed that as per the Service Bonds,...
Offence Committed In Foreign Country Can Be Treated As Predicate Offence Under PMLA When Proceeds Of Crime Travels To India: Delhi HC
The Delhi High Court has held that an offence committed in a foreign country under laws of that nation can be treated as a predicate offence under PMLA if it has “cross border implications” and the proceeds of the crime have travelled to India. Perusing various provisions under PMLA and Part C of the Schedule, Justice Vikas Mahajan said:“…if an offence has been committed in a foreign country under the laws of that country, the same can be treated as a predicate offence provided such offence...
Plea In Delhi High Court Seeks Action Against Union Minister Ravneet Singh Bittu Over 'Derogatory Remarks' Against Rahul Gandhi
A public interest litigation (PIL) has been filed before the Delhi High Court seeking action against Union Minister Ravneet Singh Bittu over his allegedly defamatory remarks against Congress leader and Leader of Opposition Rahul Gandhi. The plea has been filed by Hindu Sena Chief Surjit Singh Yadav. Yadav is aggrieved by Bittu's remarks against Rahul Gandhi made in a press brief on September 15. As per the plea, the remarks are: "Rahul Gandhi is not an Indian, he has spent most of his time...
Abysmal State Of Affairs That Litigants Prefer False Complaints In Matrimonial Disputes: Delhi High Court Quashes FIR
The Delhi High Court has recently observed that it is an “abysmal state of affairs” that litigants have resorted to preferring false complaints in matrimonial disputes against the opposite party, thereby making a mockery of the judicial system. “It is an abysmal state of affairs that litigants have resorted to making a mockery of the judicial system by preferring false complaints of such a serious nature to arm-twist the other side and gain leverage in matrimonial disputes,” Justice Amit Mahajan...
Delhi High Court Passes 'Dynamic+' Injunction To Protect Copyrighted Works Of Warner Bros, Netflix & Others
The Delhi High Court has recently passed a dynamic+ injunction to protect the copyrighted works of Warner Bros, Netflix, Disney and other global entertainment companies. Justice Saurabh Banerjee was dealing with a suit filed by global entities against 45 rogue websites seeking to restrain them from hosting and streaming their copyrighted works in various movies and shows. The suit was filed by Warner Bros. Entertainment Inc., Columbia Pictures Industries, Inc., Disney Enterprises, Inc., Netflix...
'Lack Of Due Care': Delhi High Court Issues Contempt Notice To MCD, DCF Over Failure To De-Concretize Trees
The Delhi High Court has issued a contempt notice to the Municipal Corporation of Delhi (MCD) and DCF (Deputy Conservator of Forests), North-West district over failure to take steps to de-concretize trees in the national capital despite judicial orders being passed more than two years ago. Justice Jasmeet Singh said that prima facie, the court was satisfied that the MCD as well as the DCF were guilty of contempt of the judicial directions and should be punished for contempt of court. “Let notice...
Delhi High Court Sets Aside Charges Framed Against Mother For Failing To Report POCSO Case Against Daughter
The Delhi High Court has recently set aside a trial court order framing charges against a mother for failing to report offences under POCSO Act against her 16-year-old daughter who was allegedly raped by her father. Justice Anish Dayal observed that the mother who was herself the victim of sexual abuse by her husband, had become the accused by applying Section 21 of the POCSO Act, wholly insulated from the background facts and circumstances of the case. “A mother is sought to be prosecuted for...
Delhi High Court Orders Over ₹9 Lakh Compensation To Minor Who Was Sexually Abused By Father, Calls It Essential Part Of 'Curing Justice'
The Delhi High Court has recently directed the DSLSA to pay Rs. 9.65 lakh of compensation to a minor rape victim who was sexually abused and assaulted by her father in 2018. The minor was 17 years of age at the time of the incident.“Compensation to the victim is an essential part of curing justice. Compensation not only provides monetary relief but is also an act which seeks to make a person whole again so that the victim can take steps for rehabilitation and start afresh,” Justice Manoj Kumar...
Delhi High Court Directs MCD To Pay ₹10 Lakh Compensation To Parents For Death Of Their Son Due To Its Negligence
The Delhi High Court has directed the Municipal Corporation of Delhi (MCD) to pay Rs. 10 lakh as compensation to the parents of a minor child, who passed away after a lantern/slab fell on him from the premises owned by MCD.A single bench of Justice Purushaindra Kumar Kaurav found the MCD to be negligent in maintaining safe conditions of its premises and invoked the maxim 'res ipsa loquitur' to place liability on the MCD. The Court first discussed the scope of high court to provide compensation...
Land For Jobs Scam: Delhi High Court Grants Bail To Lalu Yadav's Aide Amit Katyal In PMLA Case
The Delhi High Court on Tuesday granted bail to RJD chief Lalu Prasad Yadav's close aide Amit Katyal in a money laundering case related to the alleged land-for-jobs scam case.Justice Neena Bansal Krishna observed that the investigations qua Katyal already stood concluded and the Prosecution Complaint was also filed by the Enforcement Directorate (ED). “He is in judicial custody since 10.11.2023. The trial may take long to get concluded. No purpose for his further detention in judicial custody...
Liquor Policy: Delhi High Court Grants Bail To Amandeep Singh Dhall, Amit Arora
The Delhi High Court on Tuesday granted bail to businessmen Amandeep Singh Dhall and Amit Arora in the money laundering case connected to the alleged excise policy scam case.Justice Neena Bansal Krishna pronounced the judgment and allowed the regular bail pleas filed by Dhall and Arora. Arora was granted interim bail on medical grounds in August. He is the director of Gurugram-based company Buddy Retail Pvt. Ltd. He was arrested by the ED on November 29, 2022. As per allegations, he was a close...