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...

Builders' Agreement Cannot Modify Shares Of Family Members Laid Down In Memorandum Of Family Settlement: Delhi High Court

The Delhi High Court has made it clear that a Family Settlement, apportioning shares of property among family members, need not be a registered document.A division bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar further observed that the family members, entering into a builder's agreement for the construction of floors, do not affect their shares. It reasoned,“The...

High Court Seeks Response Of Delhi University, BCI On Plea Challenging Condition Restricting LLM Students From Simultaneously Practicing Law

The Delhi High Court has issued notice on a plea challenging a condition imposed by the Delhi University stipulating that the two-year LL.M. programme is available only to students who are not engaged in any employment, trade, profession, business, or occupation.Justice Vikas Mahajan sought response of the varsity and Bar Council of India (BCI) and listed the matter for hearing on September...

Delhi High Court Discharges Two In Contempt Case For Hurling Abuses In Magistrate Court, Says Courtroom Language Must Reflect Propriety

While discharging two men in a criminal contempt case, the Delhi High Court has observed that the language used in a Court of law is not a matter of choice or casualness, but one of unqualified propriety.“Words that demean, insult or scandalize the Court have repercussions not merely for the dignity of the institution, but for the administration of justice itself,” a division bench...

Advocates Are Officers Of Court, Not Expected To Stake Claim In Property Left Behind By Clients: Delhi High Court

The Delhi High Court has dismissed an appeal preferred by an Advocate staking a claim in a disputed property, allegedly left behind by his client in his name.A division bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar observed,“The lawyers practising in the Court are considered Officers of the Court, who are expected to help the Courts in advancing the cause of justice,...

Delhi High Court Rejects Life Convict's Plea Against Tihar Jail Officials' 'Indifference' To His Heart & Kidney Ailments

The Delhi High Court today refused to pass orders in a plea moved by an attempt to murder convict serving life term in Tihar Jail, seeking directions against prison officials for alleged “indifferent and callous attitude” towards his deteriorating medical condition.Justice Neena Bansal Krishna observed the plea did not disclose any callous indifference or negligence on the part of...

Delhi High Court Restrains Ex-Probationer From Making Defamatory Statements, Social Media Posts Against ICICI Bank

The Delhi High Court has restrained a former Relationship Manager of the ICICI Bank, who was terminated during the probation period, from making any defamatory statements/ social media posts against the bank.Justice Amit Bansal issued notice on the bank's plea and sought the former employee's response within four weeks.Meanwhile, stating that ICICI Bank is a “reputed Bank” and the...