Bringing you the Best Analytical Legal News
The Delhi High Court sentenced YouTuber Gulshan Pahuja to 6 months’ imprisonment for criminal contempt over derogatory videos targeting Judges and the judiciary on his “Fight 4 Judicial Reforms” channel, holding that malicious attacks on courts are not protected as fair criticism under Article 19(1)(a).
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“The procedural delay of 16 years in the case has given an opportunity to the police and the State to cover their tracks in a manner that the truth remains obscured. The attempts by this Court to now lay its hands on the videography evidence get obfuscated on account of this delay.”
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“There cannot be quarrel with the proposition that no clause can be read into the contract entered between the parties.”
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Upon comparing the allegations against the appellant with those against other co-accused who were granted bail by Supreme Court, the Delhi High Court concluded that there was “no major distinction” between their respective roles.
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“Pension is not a bounty but a valuable statutory right earned by an employee after rendering long years of service and any order resulting in deprivation or permanent withholding of pension entails serious civil consequences and requirement of hearing is not an empty ritual but a substantive safeguard to ensure fair exercise of discretion by the authority.”
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“Non-maintenance of records is springboard for commission of offence of foeticide, not just a clerical error.”
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The Delhi High Court upheld an arbitral award holding that deduction towards Minimum Guaranteed CENVAT Credit (MGCC) shortfall was impermissible in the absence of an express contractual clause. The Court also ruled that limitation commenced from the date of actual deduction from final invoices and not from a prior notice contemplating such deduction.
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The Court held that a railway employee is not entitled to HRA when vacant government quarters, in the entitled category, are available.
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The Court held that deduction for shortfall in Minimum Guaranteed CENVAT Credit (MGCC) could not be made from the net contract value, as such an interpretation would effectively result in a double deduction unsupported by the contract terms.
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The High Court noted that since the State Information Commission failed to record any findings on mala fide denial, unreasonable delay, or contumacious conduct, the penalty order lacked legal foundation and was therefore liable to be quashed.
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The Court stated that the act of throwing food into the River Ganga, including non-vegetarian food, could rightly be said to hurt the religious sentiments of the Hindu community.
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“Once an order of liquidation is passed and a statutory liquidator is appointed, the assets of the corporate debtor are required to be dealt with in accordance with Section 53 IBC i.e. the “waterfall mechanism” and the dues are to be paid in the order of priority set out in the section. Section 238 IBC contains a non-obstante clause giving primacy to the mechanism for distribution of the assets of the corporate debtor in the manner prescribed under the IBC.”
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Delhi High Court granted interim protection from arrest in an anticipatory bail plea arising out of a transaction involving unlisted NSE shares, observing that the MoU prima facie supported the applicant’s defence and that the e-mail describing the company as “seller” was insufficient to justify custodial action.
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“This act constitutes a serious interference with Administration of Justice and also makes out a prima facie case of criminal contempt under the Contempt of Courts Act, 1971.”
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“The entire exercise appeared aimed at achieving indirectly, through public pressure and social media campaigns, what could not be achieved directly through judicial proceedings and legal arguments before the Court — that this particular matter pertaining to discharge of respondents in the 2022 Delhi Excise Policy — be not heard by this Court.”
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The respondents submitted that “the rehabilitation and relocation of the jhuggi dwellers has become essential due to the highly sensitive and strategic location of the area. The JJ clusters lie in a protected zone, immediately next to an operational Air Force Station.”
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“Unless the breach is so fundamental that it has contributed to the cause of the accident, the Insurance Company cannot avoid its liability.”
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“In view of the interest of environmental protection and the area being ecologically sensitive, all types of commercial/religious activities for any purpose whatsoever shall be restricted from the said area.”
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“However harsh or severe the harassment, unless there is a conscious deliberate intention, mens rea, to drive another person to suicidal death, there cannot be a finding of abetment under Section 306.”
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Delhi High Court refused interim injunction against the OTT release of Dhurandhar: The Revenge in a copyright dispute over the remixed “Tirchi Topiwale” song from Tridev, holding that suppression of material facts and prolonged inaction disentitled the plaintiff from equitable relief.
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