9 Tihar Jail Officials Suspended In Alleged 'Extortion Racket' Case: Delhi Govt Informs High Court

The Delhi Government informed the High Court on Wednesday (August 13) that it has initiated disciplinary proceedings against nine Tihar jail officials over allegations of extortion racket being run inside the jail involving its officials and inmates.On Monday, the high court had told the Central Bureau of Investigation (CBI) to register an FIR. Today the counsel appearing for the Delhi...

1984 Anti-Sikh Riots Case: Delhi High Court Flags Shortcomings In Murder Trial Of 3 Sikh Men, Directs Reconstruction Of Records

The Delhi High Court on Monday found flaws in the investigation and subsequent trial conducted into the killings of three Sikh men in Delhi NCR region, following assasination of former Prime Minister Indira Gandhi.“Material on record also prima facie indicates that apart from shoddy investigation of the cases,even during the course of trial, the Ld. Additional Sessions Judges hardly took...

Knife Is A 'Deadly Weapon' Irrespective Of Its Dimensions, Recovery Not Essential To Attract Offence U/S 397 IPC: Delhi High Court

The Delhi High Court has made it clear that dimension or type of knife used to threaten a person of injury is irrelevant for the purpose of attracting the offence of Section 397 IPC.The provision states that if, at the time of committing robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person,...

Delhi High Court Judges Endorse 'Right To Be Forgotten' But Flag Gaps In Its Enforcement

Three Delhi High Court judges- Justice Mini Pushkarna, Justice Anish Dayal and Justice Tejas Karia on Tuesday spoke about the significance of the Right to be Forgotten in the digital era, emphasising that while the said right is important, every matter has to be adjudicated on a case to case basis and its facts. The judges were speaking at the 50th Legal Discussion organised by...

Parties' Decision To Transact Goods In 'Sound Condition' Prevails Over Prior Agreement To Transact On 'As Is Where Is' Basis”: Delhi HC

The Delhi High Court bench of Justices Anil Kshetarpal and Justice Harish Vaidyanathan Shankar while upholding an arbitral award has observed that if the parties had agreed to transact goods on 'as is where is' basis in the tender document but agreed in the acceptance letter that the goods would be transacted on 'sound condition' basis, then the earlier agreement will stand substituted...

Complainant's Privacy Concern Can't Come In Accused's Way To Preserve Call Records Claimed To Be Exculpatory Evidence: Delhi High Court

The Delhi High Court on Tuesday ruled that the privacy concern of a complainant cannot come in the way of an accused seeking preservation of Call Detail Records which is claimed to be exculpatory evidence.“Preservation of exculpatory evidence is of the utmost sanctity for purposes of ensuring a fair trial guaranteed under Article 21 of the Constitution of India; and a narrow construction...

Delhi High Court Imposes ₹50K Cost On Trader Who Missed Personal Hearing After Failing To Check GST Portal

The Delhi High Court recently refused to interfere with a GST demand raised against a trader, who failed to either appear for personal hearing or even file a reply.Though the trader sought to contend that reply could not be filed as he is not a frequent visitor to the GST portal, a division bench of Justices Prathiba M. Singh and Renu Bhatnagar said,“It is a matter of practice of the...

Income Tax Act | Criminal Complaint For Tax Evasion Filed During Pendency Of Reassessment Proceedings Not Premature: Delhi High Court

The Delhi High Court recently dismissed a plea for quashing a criminal complaint lodged under Income Tax Act 1961 for alleged tax evasion, moved on the ground that reassessment action was pending and hence the complaint was premature.The bench of Justice Neena Bansal Krishna cited P. Jayappan vs. S.K. Perumal, First Income Tax Officer [1984] where it was held that pendency of...

[MCOCA] If State Cites Seriousness Of Offence To Oppose Bail, It Must Avoid Delays In Critical Processes Like Appointing Prosecutor: Delhi HC

While dismissing an accused's plea in a MCOCA case, the Delhi High Court has observed that the State must avoid delays in “critical processes” such as appointment of an SPP where it cites seriousness and gravity of alleged offence to oppose a plea. “Thus, if the State‟s contention is that the case is of a serious and grave nature, requiring the Court to adopt a cautious and...

UAPA: Delhi High Court Grants Bail To One, Denies Bail To Other In J&K Terror Funding Case

The Delhi High Court has granted bail to one Syed Ahmad Shakeel and has denied bail to one Shahid Yusuf in relation to an alleged case of terror funding and secessionist activities in Jammu and Kashmir.A division bench comprising Justice Navin Chawla and Justice Shalinder Kaur observed that Shakeel had already suffered prolonged incarceration of around 6 years and 11 months, without any...

High Court Asks Delhi Police To Explain Calculation Of Amount Imposed On Jailed MP Engineer Rashid To Attend Parliament

The Delhi High Court on Tuesday asked the Delhi Police to explain the basis of the calculation of amount imposed on Jammu and Kashmir MP Engineer Rashid to enable him to attend the Parliament. A Justice Vivek Chaudhary and Justice Anup Jairam Bhambhani was hearing Rashid's plea seeking modification of an order passed by a coordinate bench on March 25 asking him to deposit ₹4 lakh (approx)...

S.37 NDPS Act | Contraband Recovered From Separate Accused Can't Be Collectively Attributed To One Person To Deny Bail: Delhi High Court

The Delhi High Court has held that when contraband is recovered from multiple accused persons separately, the same cannot be collectively attributed to one of the accused to deny him bail.In the case at hand, though an intermediate quantity of heroin (100 gms) was recovered from the applicant seeking bail in a NDPS case, the prosecution attributed to her solely 1097 grams which was...