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 July 16, 2020July 16, 2020 admin_lawsdelhi
CONSTITUTION Writ petition disposed by DB, inter alia for credit sanctioned Central Goods and Service Tax July 16, 2020 admin_lawsdelhi
CONSTITUTION Following, Tapasya Umesh Pisal v. Union of India, (2018) 12 SCC 57, petitioner permitted by DB, termination of pregnancy 23 weeks old. July 16, 2020July 16, 2020 admin_lawsdelhi
NARCOTICS Appeal against conviction under under Section 23 read with Section 29 of the N D P S Act, 1985 . Allowed – HELD Unsubstantiated statements recorded by NCB in their offices are intrinsically weak evidence and of limited evidentiary value even though the same may be considered as admissible. It would be unsafe to convict any person solely on basis of such statements. July 16, 2020July 16, 2020 admin_lawsdelhi
CONSTITUTION Constitution of India Article 226 – Before approaching constitutional courts the petitioner should exhaust all remedies. Application for transfer of Investigation into circumstances leading to death of petitioner ‘s husband declined. Petitioner to remdy other prayers in application filed u/s 156(3) Crpc. July 16, 2020 admin_lawsdelhi
EVIDENCE ACT Section 40 Evidence Act Held One should bear in mind the distinction between exercise of jurisdiction [which in a given case could be erroneous in law or in fact] and existence of jurisdiction. Therefore it cannot be said, that a decision which is erroneous in law or for that matter has overlooked some procedural rule could be rendered nugatory on the ground that the Court lacked jurisdiction or was incompetent to deliver such a decision. July 16, 2020July 16, 2020 admin_lawsdelhi
BAIL GRANTED Bail granted, in FIR u/Section 498A/406/377/354(A)/34 ‘IPC’. HELD the manner in which the complainant has been improving her case over a period of time, this Court is unable to place any confidence in her statements. DOD 13/7/20 July 14, 2020July 14, 2020 admin_lawsdelhi
Cr P C Settlement between accused and complainant. Quashing of FIR. HELD case registered under Sections 420 and 468 of the Indian Penal Code, 1860 though the aspect of the settlement between the petitioner and the complainant may be considered by the learned Trial Court as a mitigating circumstance at the final stage. DISMISSED DOD 13.07.2020 July 14, 2020July 15, 2020 admin_lawsdelhi
CONSTITUTION Case of PRABHAT RANJAN DEO not being empanelled for post of DGP Haryana HELD No Court can usurp a jurisdiction, it lacks, Article 226 of the Constitution of India is an inviolable basic framework of Constitution, however, with respect to service matters of the employees covered under the Act, High Courts cannot exercise jurisdiction in the first instance. Petition lies before C A T. DISMISSED July 14, 2020 admin_lawsdelhi
ARBITRATION DB – – Arbitration and Conciliation Act, 1996 : HELD Under Section 37, no appeal is maintainable from any order passed under Section 36 of the A&C Act. Further, Section 36 of the A&C Act does not attract the provisions of the Code of Civil Procedure. DOD 13.7.20 July 14, 2020July 14, 2020 admin_lawsdelhi
