July 2020 – Delhi High Court Judgements

ISHRAT JAHAN case: HELD Public Prosecutor had moved an application, for extension of time to file chargesheet, after going through the whole matrix of the case and after satisfying himself as per the law as enumerated in the second limb of Section 43(D)(2)(b) of the Unlawful Activities (Prevention) Act, 1967. Ld trial Judge also after going through the facts and circumstances and mandate of provisions of law of the Act mentioned and after recording his satisfaction had passed impugned order. Therefore, Court is of view that there is no illegality or perversity in the said order.

admin_lawsdelhi Jul 31, 2020 0 Comments

ISHRAT JAHAN case: HELD Public Prosecutor had moved an application, for extension of time to file chargesheet, after going through the whole matrix of the case and after satisfying himself…

Cr P C

Petitioner and respondent No.2 have amicably settled their disputes as petitioner and respondent no.2 are real brothers. Per the fact that petitioner is real brother of respondent no.2 (complainant), this Court is inclined to quash FIR

admin_lawsdelhi Jul 31, 2020 0 Comments

Petitioner and respondent No.2 have amicably settled their disputes as petitioner and respondent no.2 are real brothers. Per the fact that petitioner is real brother of respondent no.2 (complainant), this…

EDUCATION

HELD that following the judgments of the Supreme Court in the case of Saurabh Chaudri v. Union of India, (2003) 11 SCC 146 and Yatinkumar Jasubhai Patel v. State of Gujarat, (2019) 13 SCALE 523, it is now settled that even after introduction of NEET, the State Government or its appointed Authority has the power to reserve the entire 50% State Quota on the basis of Institutional Preference – Reservation of 50% State Quota of Post Graduate Medical College seats to MBBS graduates from colleges affiliated only to GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY, upheld.

admin_lawsdelhi Jul 31, 2020 0 Comments

HELD that following the judgments of the Supreme Court in the case of Saurabh Chaudri v. Union of India, (2003) 11 SCC 146 and Yatinkumar Jasubhai Patel v. State of…

BAIL GRANTED

In view of order dated 24.07.2020 of the Full Bench in W.P.(C) 3037/2020, all interim bail/parole granted to persons either before or after 16.03.2020 shall stand automatically extended till 31.08.2020.

admin_lawsdelhi Jul 29, 2020 0 Comments

In view of order dated 24.07.2020 of the Full Bench in W.P.(C) 3037/2020, all interim bail/parole granted to persons either before or after 16.03.2020 shall stand automatically extended till 31.08.2020.…

BAIL GRANTED

Bail granted to Ex owner of Ranbaxy in ED and PMLA case. HELD It is beyond contention that the consequences of pre-trial detention are deleterious; and that keeping an undertrial in jail seriously jeopardises the preparation of his legal defence. DOD 23.7.2020

admin_lawsdelhi Jul 24, 2020 0 Comments

It is beyond contention that the consequences of pre-trial detention are deleterious; and that keeping an undertrial in jail seriously jeopardises the preparation of his legal defence. If kept in…

ARBITRATION

Held that Section 29A(1) of the Arbitration and Conciliation Act, as amended in 2019, shall be deemed to have retrospective application.

admin_lawsdelhi Jul 24, 2020 0 Comments

Held that Section 29A(1) of the Arbitration and Conciliation Act, as amended in 2019, shall be deemed to have retrospective application. Thus, the additional period of six months which…

Cr P C

Petition u/s 482 Crpc – Legality of the Interim Order passed Magistrate continuing custody of three minor children with the Respondent (Husband), with visitation rights to Petitioner (wife), HELD alternate remedy of a Statutory Appeal under 29 PWDV Act available. Dismissed DOD 20.7.202

admin_lawsdelhi Jul 21, 2020 0 Comments

Petition u/s 482 Crpc - Legality of the Interim Order passed Magistrate continuing custody of three minor children with the Respondent (Husband), with visitation rights to Petitioner (wife), HELD alternate…

LAND ACQUISITION

Writ filed for compliance of DB orders by STF(Special Task Force) HELD Petitioner has clearly failed to establish rights in respect of the land in question, in no forum has the Petitioner been granted any relief. Dismissed. – However due to COVID-19, two weeks’ notice may be given to the Petitioner by the DDA before directing demolition or removal of encroachments

admin_lawsdelhi Jul 17, 2020 0 Comments

Writ filed for compliance of DB orders by STF(Special Task Force) HELD Petitioner has clearly failed to establish rights in respect of the land in question, in no forum has…

CONSTITUTION

Petition by Retired Chief Engineer for permission to continue occupation of government accommodation due to out break of Covid. HELD Petion disposed off only with staying of eviction proceedings till 31.07.2020

admin_lawsdelhi Jul 16, 2020 0 Comments

W.P.(C)3772/2020 Page 1 of 60 IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3772/2020 & CM APPL. 13502/2020 Judgment reserved on : 10.07.2020 Date of decision: 14.07.2020…

CONSTITUTION

Writ petition disposed by DB, inter alia for credit sanctioned Central Goods and Service Tax

admin_lawsdelhi Jul 16, 2020 0 Comments

Present writ petition is disposed of with a direction to the respondent No.2 to pay Rs.17,59,780/- as well as respondents No.3-4 to pay Rs.17,59,780/- within a period of one week.…

Petitioner and respondent No.2 have amicably settled their disputes as petitioner and respondent no.2 are real brothers. Per the fact that petitioner is real brother of respondent no.2 (complainant), this Court is inclined to quash FIR

In view of order dated 24.07.2020 of the Full Bench in W.P.(C) 3037/2020, all interim bail/parole granted to persons either before or after 16.03.2020 shall stand automatically extended till 31.08.2020.

Bail granted to Ex owner of Ranbaxy in ED and PMLA case. HELD It is beyond contention that the consequences of pre-trial detention are deleterious; and that keeping an undertrial in jail seriously jeopardises the preparation of his legal defence. DOD 23.7.2020

Held that Section 29A(1) of the Arbitration and Conciliation Act, as amended in 2019, shall be deemed to have retrospective application.

Petition u/s 482 Crpc – Legality of the Interim Order passed Magistrate continuing custody of three minor children with the Respondent (Husband), with visitation rights to Petitioner (wife), HELD alternate remedy of a Statutory Appeal under 29 PWDV Act available. Dismissed DOD 20.7.202

Petition by Retired Chief Engineer for permission to continue occupation of government accommodation due to out break of Covid. HELD Petion disposed off only with staying of eviction proceedings till 31.07.2020

Writ petition disposed by DB, inter alia for credit sanctioned Central Goods and Service Tax

You Missed

Evidence By Way Of Affidavit Not Mandatory When Documentary Evidence Sufficient For Determining Well-Known Status Of Trademark

DB – services rendered by advocates are professional activities, and, therefore, they cannot be levied with taxes under the “commercial establishment” category

DB – Defamation — Nowhere in the pleadings or in the evidence did the appellant or its witnesses state that the amounts were not due — Respondent’s assertion of there being outstanding amounts which had not been paid by the appellant Company cannot be termed to be false or per se defamatory.