Page 5 - Delhi High Court

Delhi HC pulls up DDA over demolition despite stay order in South Delhi

The residents challenged the demolition order issued on December 12, 2022. The matter was listed for hearing on February 16

HC allows listing of police plea, challenging Sharjeel Imam discharge order

The Delhi High Court Friday allowed urgent listing of a plea by the city police challenging a trial court's order discharging 11 people, including student activists Sharjeel Imam and Asif Iqbal Tanha, in the 2019 Jamia Nagar violence case. The plea was mentioned by Solicitor General Tushar Mehta before a bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad which allowed it to be listed for hearing on February 13. The law officer said the court registry has raised certain objections in the petition. The petition by police was filed on February 7 challenging the trial court's February 4 order discharging 11 persons, holding that they were made "scapegoats" by police and that dissent has to be encouraged, not stifled. The trial court, however, ordered framing of charges against one of the accused, Mohammad Ilyas. An FIR was lodged in connection with the violence that erupted after a clash between police and people protesting against the Citizenship (Amendment)

NSE phone tapping case: Delhi HC grants bail to Chitra Ramkrishna

The Delhi High Court on Thursday granted bail to Chitra Ramkrishna in the money laundering case related to alleged illegal phone tapping and snooping of the National Stock Exchange (NSE) employees. "The application is allowed. The applicant is granted bail," said Justice Jasmeet Singh. The former NSE managing director, who was earlier arrested by the CBI in the alleged NSE co-location scam, was arrested in the present case by the Enforcement Directorate on July 14 last year. She was granted bail in the CBI case by the high court in September last year. The Enforcement Directorate (ED) had opposed her bail plea in the present case on grounds that she was the mastermind behind the conspiracy. The phone tapping case, according to the ED, pertains to a period from 2009 to 2017 when former NSE CEO Ravi Narain, Ramkrishna, Executive Vice-President Ravi Varanasi, and Head (Premises) Mahesh Haldipur and others conspired to cheat NSE and its employees and for the purpose, engaged iSEC ...

HC recognises 'H' logo of Hermes as trademark, rules against Mumbai firm

Defendant says it would have voluntarily discontinued using logo if the French firm had asked it to

Delhi HC posts hearing to April 20 to declare PM CARES Fund as 'State'

The Delhi High Court on Thursday adjourned hearing in a plea seeking a declaration of PM CARES Fund as "State" under Article 12 of the Constitution of India, to April 20.

Plea before Delhi HC to declare PM Relief Fund as 'public authority'

A plea has been filed before the Delhi High Court asserting that the Prime Minister's National Relief Fund must be deemed to be a public authority under the Right to Information Act. The application was filed by retired Navy officer Commodore Lokesh K Batra in a pending appeal dealing with the issue of classification of the fund as public authority under the law. The applicant said the Prime Minister's National Relief Fund (PMNRF), headed by a constitutional authority (Prime Minister of India) and administered by joint secretary to the prime minister, has all the trappings of being a public authority, and thus prayed for disclosure of certain information pertaining to the fund. The applicant had filed an RTI application before the Prime Minister's Office in April 2020 seeking information concerning the creation of the fund, entrusting the fund to the prime minister and the selection of chartered accountant for conducting of the audit, among others, the application said. The Central

Delhi HC takes on record RGCI's stand to give free treatment to poor

The Rajiv Gandhi Cancer Institute (RGCI) told the Delhi High Court that starting March 1, it will provide free treatment to poor patients to the extent of 25 per cent in OPD and 10 per cent in IPD

Virginity test on female accused sexist, unconstitutional: Delhi HC-

The Delhi High Court on Tuesday ruled that conducting a "virginity test" on a female accused is unconstitutional, sexist and in violation of the right to dignity. The court observed that there is no legal procedure that provides for a "virginity test" and such testing is a form of inhuman treatment. The order was passed by Justice Swarana Kanta Sharma on a plea moved by Sister Sephy, who sought to declare the conduct of a "virginity test" on her in connection with a criminal case over a nun's death in Kerala in 1992 as unconstitutional. "It is declared that the virginity test conducted on a female detainee, accused under investigation, or in custody, whether judicial or police, is unconstitutional and in violation of Article 21 of the Constitution, which includes right to dignity," Justice Sharma said. "This court, therefore, holds that this test is sexist and in violation of the human right to dignity even of a female accused if she is subjected to such a test while being in ...

In process of finalising online gaming regulation, Centre tells Delhi HC

The Centre on Monday told the Delhi High Court that the draft regulation in relation to online gaming has been circulated and it is in the process of finalising the same. The statement was made by the central government counsel before a bench of Chief Justice Satish Chandra and Justice Subramonium Prasad. The Centre's lawyer informed the court which was hearing petitions by Atul Batra and Avinash Mehrotra concerning the regulation of online gaming -- that consultations with the stakeholders have begun. Draft regulation has been circulated and consultations have started. Stakeholder meeting with all representatives, whether lawyers or civil society... two rounds have already happened. We are in the process of finalising the same, the lawyer said. In view of the Centre's stand, the court said it would take up the matter after eight weeks. The court closed the proceedings on the petition by Batra, a lawyer, after he said that no further order was required on his plea which sought on

Delhi HC refuses PIL seeking to conduct LS, Assembly polls together in 2024

CJ Sharma said: "We are not lawmakers, we know our limitations. We ensure compliance of law. We can't issue such mandamus."

HC directs firm to pay Rs 2 crore damages to Pfizer for contempt of court

The Delhi High Court has directed a firm to pay Rs 2 crore as damages to pharma giant Pfizer Inc for committing wilful" and "contumacious contempt of court by disobeying its order. The court said if the director of the firm, Triveni Interchem Pvt Ltd, fails to pay the amount in two weeks, he shall be taken into custody and detained in a civil prison for two weeks at Tihar jail here. The court, in an interim order, had restrained the firm from making, selling, distributing, advertising, exporting or importing or dealing with any product having compound Palbociclib' or any pharmaceutically acceptable salt as it would infringe the patent of plaintiff Pfizer. As the firm was found continuing to sell Palbociclib, the court held the defendants guilty of wilful disobedience of its order and committing contempt of court. In these circumstances, as the defendants were completely unwilling to acknowledge the fact that it was selling Palbociclib, the court was constrained to hold the defendan

PIL in Delhi HC seeks Lok Sabha, Assembly, municipal polls together

A PIL has been moved in Delhi HC seeking direction to the Centre and the ECI to ascertain the feasibility of conducting elections to the House of the People and Legislative Assemblies simultaneously

Patent infringement: HC orders Triveni Chemicals to pay Rs 2 cr to Pfizer

Pfizer Inc. and its group companies had filed a suit in the court against Triveni Interchem Private Limited & others accusing the for infringing their patent(IN 218291) for the compound Palbociclib

HC unhappy over unhealthy pattern of authorities not filing reports in time

The Delhi High Court has expressed displeasure over an "unhealthy pattern" of government authorities, state departments and corporations not filing replies and status reports on petitions in time and warned them of imposing costs if time schedule for pleadings is not adhered to. The high court observed that usually all the governmental authorities, despite specific directions, are unable to file affidavits within the specified time schedule and choose to do so just one or two days before the date of hearing. "The court is constrained to observe that there is an unhealthy pattern of governmental authorities, state departments and corporations not filing the counter affidavits and status reports as per the timelines prescribed by the court... "It is made clear that costs would be liable to be imposed if the time schedule for pleadings fixed by the court is not adhered to, Justice Prathiba M Singh said. The court was hearing a petition by the Wazirpur Bartan Nirmata Sangh stating that

Delhi HC fixes Feb 13 for next hearing in DMRC-DAMEPL case, may pass order

RInfra arm says it isn't immune from insolvency, pleads for court order to DMRC to release award amount to ease pressure from banks on DAMEPL

PM CARES fund not govt's, 3rd party info can't be given under RTI: Delhi HC

The PM CARES Fund is not a government fund as donations to it do not go to the Consolidated Fund of India and no third party information can be parted with irrespective of its status under the Constitution and the Right to Information (RTI) Act, the Delhi High Court was informed on Tuesday. An affidavit filed by an under secretary at the Prime Minister's Office (PMO), who is discharging his functions in the PM Cares Trust on honorary basis, has said the trust functions with transparency and its funds are audited by an auditor -- a chartered accountant drawn from the panel prepared by the Comptroller and Auditor General of India. It contended that irrespective of the status of Prime Minister's Citizen Assistance and Relief in Emergency Situations Fund (PM CARES Fund) under the Constitution and the RTI Act, it is not permissible to disclose third party information. The affidavit was filed in response to a petition seeking a direction to declare the PM CARES Fund a 'State' under the ..

Delhi HC sends plea seeking minimum age for marriage for men, women to SC

Delhi High Court on Tuesday sent to the Supreme Court a petition seeking uniform minimum age for marriage for both men and women. A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad was informed by the petitioner about the Supreme Court's January 13 order by which the present petition was transferred to the apex court itself. "In light of the aforesaid order, the matter is immediately transferred to the Supreme Court. The registry is directed to transmit the record immediately to the Supreme Court," the bench said. On January 13, the apex court transferred to itself the petition filed by advocate and BJP leader Ashwini Upadhyay, which was pending before Delhi High Court, seeking equality in the legal age of marriage for men and women. The plea before the apex court stated that it had been filed in order to avoid multiplicity of litigations and conflicting views on the interpretation of articles 14, 15 and 21 of the Constitution and judgments involving gend

Blackstone group entity gets Delhi High Court relief in income tax case

Delhi HC sets aside reassessment proceedings, asks revenue dept to re-examine the issue

Delhi HC sends to SC pleas seeking recognition for same-sex marriages

The Delhi High Court on Monday sent to the Supreme Court a batch of petitions seeking to recognise same-sex marriages under various laws. A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad passed the order after it was informed by the counsel appearing in the matter that the Supreme Court has transferred to itself all petitions pending in various high courts involving the same issue. In light of the apex court's January 6 order, the high court bench directed its registry to transfer the case files immediately to the Supreme Court. The high court has been hearing a batch of petitions filed by several same-sex couples seeking a declaration to recognise their marriages under the Special Marriage Act, the Hindu Marriage Act, and the Foreign Marriage Act. Eight petitions have been filed in the high court on the issue. The top court's five-judge Constitution bench, in a path-breaking unanimous judgement delivered on September 6, 2018, had held that consensual

Unnao rape case: HC modifies order, shortens Sengar's interim bail period

The Delhi High Court Friday modified its order granting interim bail to expelled BJP leader Kuldeep Singh Sengar, serving life term for raping a minor in Uttar Pradesh's Unnao in 2017, by asking him to surrender after his daughter's tilak' ceremony and then be released again before her marriage. The court had earlier granted interim bail to Sengar for two weeks. The high court, which was informed that Sengar has been released from Tihar jail this morning, passed the modification order on an application by the victim seeking to recall the interim bail order as she and her family faces threat. A bench of Justices Mukta Gupta and Poonam A Bamba, which had on January 16 granted interim bail to Sengar from January 27 to February 10 on account of his daughter's marriage, directed that the politician shall surrender before jail authorities on February 1 as the tilak' ceremony is scheduled on January 30. It said Sengar shall be again released from jail on February 6 and surrender on Februa