HIGH COURT OCTOBER 2024 WEEKLY ROUNDUP| Stories on Posthumous Reproduction; Arms License to Sportsperson; Bulandshahr Gang-Rape; Jigra Movie; and More
A quick legal roundup to cover important stories from all High Courts this week.
Delhi High Court
‘Deprivation of bail must be considered as a punishment’; Delhi HC grants bail to Sub-Inspector accused of allegedly demanding and accepting bribe
A sensitive approach is required to be acquired by the Courts while dealing with the offences constituting bribery allegations against a public officer as the same minimizes the trust of the public in public servants who are duty bound to protect them.
‘Jurisdiction of Civil Courts is not barred from adjudicating a contractual dispute’ says Delhi High Court in case against Yes Bank Ltd.
‘The rule of amendment has been termed as rule of justice, equity, and good conscience which needs to be exercised in the larger interest of doing full and complete justice to parties before the Court.’
Consumer Commissions have power to act as Judicial Magistrate for trial of offences, which includes power to issue arrest warrants: Delhi HC
The question here is not about past wrongs, it is about the present failure to comply with a legally binding order. The Consumer Protection Act, 2019 is explicit on this point, that those in charge of a company during non-compliance are accountable. By holding a directorial position during this period, the petitioner is naturally included in this responsibility.
Bootlegging and illegal sale of liquor needs to be curbed with a heavy hand; Delhi High Court refuses to quash externment order
It cannot be ignored that bootlegging and illegal sale of liquor, contrary to the provisions of Delhi Excise Act is a big menace to society and needs to be curbed with a heavy hand.
Delhi High Court dismisses writ petition by medical student against order by National Board of Examination in Medical Sciences for lack of jurisdiction
‘The essential, material, and integral cause of action had arisen beyond the territorial jurisdiction of the Court.’
Delhi High Court directs Union to issue Police Clearance Certificate to Indian national despite pending criminal case
‘Mere pendency of criminal case does not automatically disqualify an individual from exercising their right to seek long-term opportunities abroad.’
Delhi HC directs Sir Ganga Ram Hospital to hand over frozen semen sample of deceased son to parents for Posthumous Reproduction
‘Sperm sample constitutes a ‘property’ or an ‘estate’ of an individual, as it can be used for the purposes of procreation, for providing fertility to an infertile person, or for donating to enable a woman to conceive.’
Criminal Law Roundup September 2024 | Stories on Kolkata Rape and Murder Case; Delhi excise policy scam; Cash-for-job scam; West Bengal Coal Scam; and more
In September 2024, the Supreme Court and various High Courts engaged in significant discussions on criminal law, focusing on critical issues such as Kolkata Rape and Murder Case; Delhi excise liquor policy scam; Cash-for-job scam. Key rulings emphasized the balance between individual rights and public interest. Overall, these discussions reflect a dynamic legal landscape committed to upholding justice amid evolving challenges.
HIGH COURT OCTOBER 2024 WEEKLY ROUNDUP| Stories on Sexual assault of IAS Officer’s wife; Rehabilitation of migrated wild elephant; Ashiq Hussain Faktoo; Isha Foundation; and more
A quick legal roundup to cover important stories from all High Courts this week.
Delhi High Court directs Municipal Authorities to prepare and implement a programme for dealing with ‘monkey menace’
‘Civic agencies should carry out a year-long public awareness campaign to inform people how their feeding does not benefit the monkeys but only harms them by increasing their dependence on humans.’
Delhi High Court rules Domicile Certificate delays beyond students’ control; Directs CBSE to declare Board Exam results
The process of issuing and submitting the domicile certificates was delayed due to factors beyond the petitioners’ immediate control, and it is observed that no prejudice has been caused to the respondent-CBSE or any third party due to this delay.
Delhi HC seeks reply on legal notice containing ‘malicious and contemptuous’ allegations against itself; Issues notice to ‘The New Indian’ and ‘X’ for publishing the same
‘The legal notice alleged that the Court had passed directions in its previous order on the basis of presumptions which, the Court said, amounts to making of contemptuous remarks against the High Court and the entire institution.’
Delhi High Court refuses to exercise power of judicial review and usurp powers of NCLT in petition filed against Reserve Bank of India
‘The Adjudicating Authority alone has the jurisdiction to regulate the conduct of CoC and finally adjudicate upon the resolution plan through powers of judicial review while ensuring that CoC functions as per the role and responsibilities delineated under IBC.’
Delhi HC allows settlement in trade mark infringement case between ‘BURJNOIDA’ project owner and Dubai based Jumeirah Beach Resort
Usage of trade mark ‘BURJNOIDA’ was allowed because the residential project had been in construction for the last ten years.
[Delhi Education Rules] NDMC not responsible for salaries upon unlawful closure of School by DSGMC: Supreme Court
DSGMC cannot be allowed to take shield of Rule 47 of Delhi Education Rules to claim that burden of re-employment and payment of salaries of surplus teachers and non-teaching staff upon closure of school. The question of absorption only arises when the closure of the school is done in accordance with law, which requires full justification and prior approval of the Director as per Rule 46.
Delhi High Court stresses consistency in disciplinary actions for co-delinquents in employment misconduct; Upholds conversion of Bank Manager’s dismissal to compulsory retirement
Looking at the punishments awarded to the co-delinquents for same incidents/transactions and acts of connivance and testing the impugned action on the anvil of Article 14 as well as keeping in mind the long and unblemished spell of service of the respondent, save and except, the Single Judge was inclined to convert the punishment from ‘dismissal’ to one of ‘compulsory retirement’.
Know Thy Judge | Justice Manmohan, Chief Justice of Delhi High Court
The Supreme Court Collegium on 11-7-2024 recommended the name of Justice Manmohan as the next Chief Justice of the High Court of Delhi and the recommendation was confirmed on 21-9-2024.
Delhi High Court quashes blacklisting of 17 Haj Group Organizers on lack of clear notice on debarment
While the impugned orders are elaborate and explicitly cite specific provisions and clauses of the Haj Policy, 2023, which the petitioners were found to be violating, the show cause notices do not refer to any violations of the Haj Policy, 2023, attributable to the petitioners.