Justice Anup Jairam Bhambhani Archives

Commercial Mediation Conclave India 2026

Domestic Events & Collaborations MCI: The PACT- Poovayya Commercial Mediation Conclave

Mediation in Construction Disputes: A Fireside Chat with Justice Anup Jairam Bhambhani, Justice Hima Kohli and Mehak Oberoi at Commercial Mediation Conclave India 2026

At the Commercial Mediation Conclave India 2026, curated and hosted by The PACT the launch of Mehak Oberoi’s book on construction mediation was followed by a fireside conversation in which two senior judges examined how mediators uncover the real interests behind a construction dispute, when mediation should begin, and what it takes to make a settlement hold.

Case Briefs High Courts

Licensed Pharmaceutical Stock Recovered, Section 42 Under Scrutiny, 44 Witnesses Cited, Trial Yet to Begin After 2 Years: Delhi HC Grants Bail in NDPS Case

The Court found that the present matter is not one where wholly illicit pharmaceutical drug had been recovered from a person lacking lawful authority to possess them.

Magistrate power to modify bail conditions

Case Briefs High Courts

Magistrate Cannot Impose Foreign Travel Restriction Years After Grant of Bail by “Clarifying” Original Order: Delhi High Court

Delhi High Court while setting aside a foreign travel restriction imposed on the accused held that a Magistrate cannot alter bail conditions years after granting bail by calling it a clarification.

Quashing POCSO FIR in Consensual Relationship

Case Briefs High Courts

Inside Delhi High Court Guidelines for Quashing of POCSO FIR in Consensual Adolescent Relationship

“The jurisprudential basis for the State being the prosecuting agency in criminal offences is to prevent a criminal prosecution from descending into an exercise in vengeance, where the victim goes baying-for-the-blood of the offender; and to maintain objectivity, neutrality, fairness and a sense of proportion in prosecution of an offender.”

Case Briefs High Courts

Search and Arrest Powers under NDPS Act Strictly “Ring-Fenced” to Prevent Misuse; Delhi HC grants bail Over Illegal After-Sunset Search

“Chapter V, NDPS Act, of which Sections 41 and 42 comprise an important part, sets-out the procedure mandated by the Legislature for entry, search, seizure and arrest in relation to offences under that statute.”

Case Briefs High Courts

Summoning order under Section 138 NI Act need not be elaborate, but must reflect application of mind: Delhi High Court

“Issuance of summons in a criminal case is a very serious matter, since even mere issuance of summons by criminal court may stigmatise a person, who may not be required to be summonsed at all.”

Case Briefs High Courts

Delhi HC enforces Amit Malviya’s undertaking; Stays defamation complaint against RSS Member

Amit Malviya had filed a criminal defamation complaint before the Patiala House Court against Santanu Sinha, a Rashtriya Swayamsevak Sangh (‘RSS’) member, regarding Facebook posts made by him.

landlord financial status eviction petition

Case Briefs High Courts

Delhi HC: Landlord’s financial well-being or tenant’s financial ill-health not relevant to decide eviction petition under Delhi Rent Control Act

The Court highlighted the egregious misuse of Delhi Rent Control Act, 1958 and observed that there are huge number of cases, where very well-off tenants enjoying financial prosperity, unjustly occupy premises for decades on-end, paying pittance for rent. While in the process, their landlords are forced into impecunious and desperate circumstances.

Case Briefs High Courts

Crucial for Courts to be conscious of accused’s right to speedy trial, rather than waking up too late and lament that such right is defeated: Delhi HC

In the present case seeking regular bail by the accused, the charge-sheet comprising about 10,000 pages was filed over 1 year ago citing 49 prosecution witnesses, but charges are yet to be framed. Therefore, the Court stated that it is obvious that trial will take a long time to conclude.

Case Briefs High Courts

‘Expedition of trial cannot be at cost of fairness’; Delhi HC permits cross examination of Head Constable in Delhi riots case

While this court does not fault the Trial Court for attempting to proceed with the trial expeditiously, but, denying to the petitioner (‘accused’) the right to cross-examine the Head Constable on an issue which is critical to his defence appears to have been a disproportionate sense of expedition.

Case Briefs High Courts

‘Right to speedy trial is not a ‘free-pass’ for every undertrial to be released on bail’; DHC dismisses bail petition of Neeraj Bawania in double murder case

“The record shows that the petitioner (‘accused’) has committed heinous offences while he was on bail in other cases; and he has been convicted in the offences committed while on bail. When there is a long list of serious criminal involvements, the apprehension that the accused suffers from recidivism cannot be dismissed as imaginary.”

Case Briefs High Courts

Delhi High Court directs Trial Court to return passport of accused under COFEPOSA and Customs Act by modifying bail condition

The Trial Court was directed to return the passport surrendered by the accused within 2 weeks of submission of application for the same.

Case Briefs High Courts

‘Adverse remarks against government servants have deleterious impact on their careers’; Delhi HC obliterates adverse observations against ED in Trial Court’s order

‘The law is clear that custody of an accused can be sought even after filing of a chargesheet or complaint.’

Case Briefs High Courts

‘Ss. 3 and 5 of the POCSO Act are offences regardless of gender of offender’; Delhi HC puts woman to trial for committing ‘aggravated penetrative sexual assault’

The word ‘he’ in Section 3 of the POCSO Act could not be given a restrictive meaning to say that it referred only to a ‘male’.

Case Briefs High Courts

Bail application filed under CrPC treated as one under BNSS; Delhi High Court refrains from taking coercive steps against husband accused of sexual assault

The Court opined that since the petition was filed after 01-07-2024, it ought to have been filed under the Bharatiya Nagarik Suraksha Sanhita, 2023.