Corruption Charge Not Proved, Yet Employee Removed: Delhi HC Sets Aside Penalty, Directs Reinstatement
The Court held that path from the proved fact of transfer of Rs 75,000 to the conclusion of bribery remains unexplained.
Justice Sanjeev Narula
Delhi High Court sets aside “mechanical” rejection of plea for premature release of Bangladeshi convict
Holding that the Sentence Review Board cannot reject premature release solely on the gravity of the offence, the Delhi High Court said such decisions must consider custodial conduct, rehabilitative indicators, and other relevant factors under the 2004 Policy and Delhi Prison Rules, 2018.
Delhi High Court allows recording of evidence of US-based witness through Video Conferencing in an Official Secrets Act case
“The objective of the stringent Official Secrets Act provisions is achievable through calibrated safeguards, including conducting the examination from a secured State-controlled facility, ensuring an in-camera regime, restricting devices, and controlling the display and movement of documents. The law demands reasonable containment of risk.”
‘Merely receiving package, unaware of its contents, not ‘conscious possession’ underNDPS Act’; Delhi HC grants bail to man caught with LSD paper blots
The accused has continuously maintained that he had no knowledge of the parcel and was only collecting it for his neighbour. In this regard, he even showed the NCB officials the WhatsApp message sent to him by his neighbour instructing him to go to collect the parcel. The role ascribed to the accused appears confined to the act of collecting the parcel. There are no incriminating call records, financial transactions or digital communications that show that the accused had purchased any of the contraband seized from him.
Delhi HC quashes FIR in POCSO case considering victim’s privacy and her future prospects including marriage; directs accused to do community service
The Court noted that the complainant (‘victim’) and her mother, were currently exploring matrimonial prospects, and that the pendency of a criminal case might result as a serious impediment to her future opportunities and personal relationships.
Right to speedy trial not an abstract or illusory safeguard; cannot be whittled down in MCOCA cases: Delhi HC
“While Section 21(4) of MCOCA imposes stringent statutory conditions for the grant of bail under Section 439 of CrPC, these provisions cannot be construed in a manner that forecloses judicial scrutiny under Article 21 of the Constitution.”
‘NEHA’ a common Indian name lacking distinctiveness for exclusive use: Delhi HC dismisses trade mark suit
“Mere use of a mark, even if continued over a period, is not by itself sufficient to establish enforceable rights under trade mark law. It must be shown that the mark, through its use in trade, has acquired a distinct association in the minds of the relevant consumer base with the claimant’s goods.”
‘Transferring case to another State reflected mechanical approach’; Delhi HC directs registration of regular FIR instead of Zero FIR as offence occurred within jurisdiction
Rather than exercising its jurisdiction, P.S. Adarsh Nagar proceeded to register a Zero FIR and transferred the matter to the police in Noida. Such action indicates a failure on part of the police authorities concerned to adhere to their statutory responsibility under Section 1541 of the CrPC.
Mere suspicion of extra-marital affair, however morally reprehensible, does not per se amount to abetment of suicide: Delhi HC grants bail to a man accused u/s 498A, 304-B IPC
Even after assuming, that such relationship existed between petitioner and his sister-in-law, or demeaning language in reference to the deceased, was exchanged via WhatsApp between them, these facts, stand alone, do not, prima facie, disclose the specific ingredients of cruelty or harassment related to dowry demand.
Delhi High Court grants bail to an alleged member of Lawrence Bishnoi Gang accused of shooting outside of Ex-MLA’s residence
The CCTV footage exhibited before the Court does not clearly reveal the shooter’s identity. Moreover, the forensic analysis of the CCTV footage and the Call Detail Records analysis of the accused’s mobile phone is still pending. Therefore, the Court refrains from drawing any conclusions at this stage.
“No ‘conscious possession’ of ammunition”: Delhi High Court quashes FIR against pilot trainee but imposes cost for lack of vigilance
The petitioner contended that he was undergoing training in South Africa to become a commercial pilot and was sharing a dormitory with other students who frequently borrowed his baggage for trips to shooting ranges for target practice.
Delhi HC grants bail to four co-owners of coaching centre basement in flooding case leading to death of three civil services aspirants
The Court directed the applicants (‘accused persons’) to make their voluntary donation of Rs. 5 lakhs with Delhi State Legal Services Authority (‘DSLSA’), within two weeks, towards the welfare of the families of the deceased. The member secretary, DSLSA, shall then consider the claims from the families of deceased and issue direction for disbursal of the said amount after due consideration.
TRAI cannot request information from Telecom Service Provider under RTI Act to address individual grievances or access customer-specific information: Delhi HC
The Court stated that requiring TRAI to retrieve information about individual complaints from Telecom Service Provider will impose an impractical and onerous burden on the TRAI. With a workforce of merely 170 employees, the TRAI lacked the operational capacity to manage or compile data related to the grievances of over 900 million telecom subscribers.
Delhi High Court dismisses petition alleging medical negligence and misconduct against doctors at Max Super Speciality Hospital
“While it is acknowledged that doctors are expected to apply a reasonable level of expertise and exercise due diligence in their practices, their conduct must not be judged against preconceived notions of a specific procedure or outcome.”
Delhi High Court issues directions in plea to highlight unhygienic conditions of female washrooms in Delhi District Courts
“While the petition specifically pertains to female washrooms, the directions shall apply equally to male, female, and handicapped washrooms in District Courts to ensure a uniform standard of hygiene and functionality.”
Delhi Police Special Branch Manual falls squarely within the exemptions provided under S. 8(1)(a) of Right to Information Act: Delhi High Court
‘The information concerning law enforcement operations, especially those involving national security considerations, falls under purview of Section 8(1)(a).’
Daughter-in-law’s right to shared household under DV Act does not supersede right of senior citizen to seek relief under Senior Citizens Act in case of gross ill-treatment: Delhi HC
Mere fact that the mother may be physically unwell, does not compel her to accept the presence of those who, in her perception, have contributed to her distress. The Court cannot impose on the senior citizen a forced living arrangement against her will, especially when it has been found to be a source of her suffering.
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.
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.’
‘Policy based response from municipalities required, not judicial intervention’; Delhi HC denies to interfere in issue of lack of parking spaces in residential colonies
‘This issue is symptomatic of a larger urban planning failure, where colonies were developed without foresight for parking facilities, causing residents to park in the streets.’