'Lackadaisical': High Court Raps Delhi Police For Failure Of IOs To Produce Case Files In Bail Matters, Asks Police Commissioner To Act

The Delhi High Court has rapped the Delhi Police for failure of the investigating officers (IO) in producing case files and not briefing the prosecutors in bail matters, while asking the Commissioner of Police to act on the issue. Justice Girish Kathpalia said that copies of similar orders highlighting the lapse have been sent repeatedly to the concerned DCPs to streamline the system, “but...

Widowed Daughter-In-Law Entitled To Maintenance From Deceased Father-In-Law's Coparcenary Property, Not Personal Property: Delhi High Court

The Delhi High Court has ruled that a daughter-in-law, who becomes a widow after the demise of her father-in-law, is entitled to claim maintenance from the estate derived from his coparcenary property.A division bench comprising Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar said that even if the father-in-law owns significant separate or self-acquired assets, the duty...

Delhi High Court Defers Verdict On DU's Plea Against Disclosure Of Information About PM Modi's Degree

The Delhi High Court today deferred for Monday pronouncement of verdict on a plea filed by the Delhi University (DU) challenging an order of the Central Information Commission (CIC) directing disclosure of information with respect to the bachelor's degree of Prime Minister Narendra Modi.Justice Sachin Datta did not hold the Court today as he was sitting in the UAPA tribunal. The court...

Non-Participating Entity Can Challenge Tender Within Reasonable Time, Delay Leads To Escalating Project Costs: Delhi High Court

The Delhi High Court today held that a non-participating entity may in some cases be entitled to challenge an infrastructure tender but, such challenge has to be raised within a reasonable time.A division bench of Chief Justice Devender Kumar Upadhyay and Justice Tushar Rao Gedela observed,“Such of those entities/bidders who do participate in the tender may also, depending upon the facts...

'We've Been Reduced To Municipal Commissioners': Delhi High Court Raps PWD For Ignoring Drainage Issues In Tihar Jail

The Delhi High Court on Wednesday questioned the Public Works Department (PWD) of the Delhi Government over unclean sewer lines in Tihar jail, remarking that the Court has been “reduced to municipal commissioners.”A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela was hearing a PIL filed by a life convict, Sonu Dahiya, highlighting “unhygienic...

'One Life Lost, What Can Be More Eye-Opening For MCD?': Delhi High Court Orders Pruning Of Trees In Dwarka

The Delhi High Court on Wednesday directed pruning of trees in Dwarka here, underscoring that several incidents of falling of trees causing damage to life and property are reported during the monsoon and heavy rains. A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela directed the Municipal Corporation of Delhi (MCD) and Public Works Department (PWD) to conduct...

Disciplinary Action Against BSF Constable Diagnosed With Psychosis Is Valid Unless Medically Declared Unfit For Trial: Delhi High Court

The Delhi High Court has upheld the dismissal of a BSF Constable, placed under 'low medical category' after being diagnosed with acute psychosis, for outraging the modesty of a fellow constable's wife.A division bench of Justices C.Hari Shankar and Ajay Digpaul observed that in the absence of any medical opinion declaring him unfit for trial, the disciplinary proceedings cannot be...

Being 'Sick And Infirm' Not Automatic Passport For Bail In PMLA, Medical Plea Can't Override Gravity Of Offence: Delhi High Court

Underscoring that being “sick and infirm” is not an automatic passport for bail in PMLA cases, the Delhi High Court has observed that medical plea cannot override the gravity of offence of money laundering. Justice Ravinder Dudeja observed that illness warrants bail only when treatment in custody is clearly inadequate. “Therefore, the medical plea cannot override the gravity of the...

Mere Delay In Uploading Demand Order On GST Portal Doesn't Make Action Time Barred If Service Via Email Is Proved: Delhi High Court

The Delhi High Court recently observed that usually there is a gap between the passing of a demand order by the GST Department and uploading of Form DRC-07 (summary of order) on the official portal.A division bench of Justices Prathiba M. Singh and Shail Jain however refused to infer such a gap as rendering the demand order time-barred, in view of the fact that the demand was served upon...

Failure To Frame Counter Claim As An Additional Issue When It Forms Part Of Pleadings Is Patently Illegal: Delhi High Court

The Delhi High Court Bench of Justice Jasmeet Singh has observed that once the reasons/basis for a counter claim, the amount and computation of the counter claim had been made in the Reply, it does not matter if there is no specific prayer in the prayer clause. In such a scenario, an arbitral award refusing to frame an issue for the counter claim would be patently illegal and would...

Non-Compliance Of S.50 NDPS Act Vitiates Conviction If Based Solely On Recovery Made During Illegal Search: Delhi High Court

The Delhi High Court has ruled that non compliance of Section 50 of NDPS Act vitiates conviction and sentence if it is based solely on the recovery made during the illegal search. “While non-compliance with Section 50 does not necessarily vitiate the entire trial, it does vitiate the conviction and sentence if based solely on the recovery made during such illegal search. This is because...

Court Can't Be Used As Tool To Extort Money From Persons Carrying Out Unauthorised Construction: Delhi High Court

The Delhi High Court has observed that it cannot be used as a tool to extort money from those carrying out unauthorised construction in the national capital.“Though, this Court recognizes the fact that action against unauthorized construction has to be taken strictly, at the same time, this Court cannot be used as a tool to extort money from the persons carrying out such construction. This...