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Showing posts with the label Delhi High Court

Delhi High Court Denies Bail in Espionage Case, Citing National Security Concerns

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High Court Rejects Bail in Espionage Case Involving Indian Army Secrets On 22 May 2025 , the Delhi High Court denied bail to Mohsin Khan , accused in a major espionage case concerning the transfer of classified information about the Indian Army to Pakistan . The court emphasized the gravity of the offence, stating that it impacted the sovereignty and integrity of India , and could not be treated with leniency. The case was registered under the Official Secrets Act, 1923 by the Delhi Police Crime Branch in 2021, following intelligence alerts about a spy syndicate operating across Delhi, Rajasthan, and Uttar Pradesh. Court’s Observations: Security Over Individual Liberty Justice Swarana Kanta Sharma , in her judgment, stated that the case involved national security , and thus could not be treated as a routine matter of bail. She observed: “The offence is not merely one against an individual or group, but an offence against the very integrity, sovereignty, and security of Bhar...

Delhi High Court Issues Notice to Swiggy, Zepto Over App Inaccessibility for Visually Impaired Users

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Landmark plea raises concerns on digital inclusion and rights of persons with disabilities Background of the Case On Wednesday, the Delhi High Court issued notices to food delivery giants Swiggy and Zepto , along with the Ministry of Electronics and Information Technology (MeitY) , in a significant case concerning digital accessibility for visually impaired users . The petition, filed by the NGO Mission Accessibility , alleges that these companies' mobile applications are not designed to be accessible to persons with visual impairments, thereby violating multiple legal and constitutional provisions. The case was heard by Justice Sachin Datta , who directed all respondents to file their replies within four weeks . The matter will next be taken up on May 28, 2025 . Key Allegations by the Petitioner The petition, filed through advocates Sarah and Taha Bin Tasneem , with advocate Rahul Bajaj appearing for the petitioner, outlines specific issues related to the user interface...

Delhi High Court Quashes FIR Orders Due to Lack of Mandatory Affidavit Compliance

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Delhi HC Sets Aside FIR Orders in Loan Dispute Case In a significant ruling, the Delhi High Court has quashed two trial court orders that directed the registration of First Information Reports (FIRs) , citing the absence of a mandatory affidavit as required under Section 156(3) of the Code of Criminal Procedure (CrPC) . This decision reinforces the procedural necessity of affidavit submission when seeking an investigation by law enforcement. Case Background: Loan Dispute Leading to FIR Request The case pertains to a loan-related dispute involving petitioners Rajat Bhagat and Sarika Bhagat , who were accused of fraudulent activity. The complainant, Chetna Kalra , had approached the Additional Chief Metropolitan Magistrate (ACMM), Tis Hazari Courts, in 2016 , seeking the registration of an FIR against them. The complaint invoked multiple provisions under the Indian Penal Code (IPC) , including: Section 420 – Cheating and dishonestly inducing delivery of property Section 463 –...

Delhi HC Declines Intervention on Stampede Refunds, Advises Legal Alternatives

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Introduction The Delhi High Court recently declined to intervene in an application seeking refunds for individuals who missed their train due to a stampede at New Delhi Railway Station. Instead, the court advised the affected parties to explore other legal remedies available to them. Background of the Case The application was filed by individuals who were unable to board their train due to the stampede and did not receive a refund for their tickets. The bench, comprising Justices Devendra Kumar Upadhyay and Tushar Rao Gedela, observed that the matter was of a private nature and suggested pursuing alternative legal remedies. Court’s Stand on the Matter The court emphasized that a Public Interest Litigation (PIL) is meant to enforce legal provisions impacting the public at large. Individual grievances, such as ticket refunds, do not fall within the scope of PILs. Following legal arguments, the counsel for the petitioners withdrew the application, opting instead to pursue other leg...

Delhi High Court Issues Notice to Centre on PIL Against Drone Federation of India Over Alleged Forgery

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Delhi High Court Issues Notice to Centre on PIL Against Drone Federation of India Over Alleged Forgery Court Issues Notice to Centre The Delhi High Court on Wednesday expressed displeasure with the Ministry of Corporate Affairs (MCA) and Directorate General of Civil Aviation (DGCA) while issuing notice on a public interest litigation (PIL) filed against the Drone Federation of India over allegations of forgery. The bench led by Chief Justice Devendra Kumar Upadhyay , also comprising Justice Tushar Rao Gedela , orally remarked that the DGCA should have filed a complaint and registered an FIR regarding the forgery . DGCA, MCA Directed to Submit Reports The court also directed DGCA, MCA, and other authorities to submit separate reports on the status of the investigation. The matter is scheduled for a detailed hearing on March 19, 2025 . The bench also questioned how a private entity could present itself as a government organisation . Government Response & Alleged Forgery Durin...

Delhi HC Grants Bail to Retired Major Accused of Cheating Homebuyers

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Delhi HC Grants Bail to Retired Major Accused of Cheating Homebuyers The Delhi High Court has granted bail to retired Major Surendra Kumar Hooda , who was accused of cheating and criminal breach of trust in cases related to delayed real estate projects . The bail was granted in three cases registered in 2016 , primarily considering Hooda’s age (82 years) and deteriorating medical condition . The court's decision comes in the backdrop of India's Real Estate Regulatory Authority (RERA) Act , which aims to protect homebuyers from fraud and ensure accountability in real estate projects . Why Was Major (Retd.) Surendra Kumar Hooda Arrested? 📌 Accusations: Hooda was accused of cheating investors by collecting large sums of money through real estate projects under A N Buildwell (ANB) , namely Spire Edge and Spire Woods , without completing them. 📌 Arrest & Legal Proceedings: Arrested on September 20, 2017 , while undergoing treatment for a brain stroke . December 20...

Delhi High Court Upholds Life Sentence for Three Convicts in Rohini Murder-Dacoity Case

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Delhi High Court Upholds Life Sentence for Three Convicts in Rohini Murder-Dacoity Case The Delhi High Court has upheld the life sentence awarded to three individuals convicted for the murder of a woman during a dacoity in her house in July 2012 in the Rohini area . However, the court modified their sentences to run concurrently instead of consecutively . The judgment was passed by a division bench comprising Justices Prathiba M Singh and Amit Sharma on February 6, 2025 . The court dismissed the appeals challenging the conviction while modifying the sentencing structure. High Court Modifies Sentences but Upholds Conviction The trial court in Rohini had convicted Rajesh alias Tinku, Ravinder alias Tunda, and Rusy alias Surender for murder, trespass, and dacoity under various sections of the Indian Penal Code (IPC) . 🔹 The High Court upheld the conviction but ruled that their sentences should run concurrently instead of consecutively . 🔹 The decision was influenced by...

NIA Opposes Rashid Engineer's Interim Bail Plea to Attend Parliament's Budget Session

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  NIA Opposes Rashid Engineer's Interim Bail Plea to Attend Parliament's Budget Session The National Investigation Agency (NIA) has opposed the interim bail plea of Baramulla MP Rashid Engineer , arguing that his request to attend the Parliament's Budget Session is not maintainable . Rashid, currently lodged in Tihar Jail in connection with the Jammu and Kashmir terror-funding case , had approached the Delhi High Court seeking temporary release from January 31 to April 5 . NIA's Opposition to the Bail Plea In its response, the NIA emphasized that interim bail should be granted only in cases of extreme hardship , stating that Rashid’s plea was a misuse of the provision . The agency further argued that Rashid had failed to specify how his attendance in Parliament would benefit his constituency, making his request vague and unjustifiable . The NIA also challenged Rashid’s claim of serving his constituency, demanding proof of work to justify his release. The Ben...

Delhi High Court Reserves Order on Pleas Against Movie Based on 2020 Delhi Riots

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Delhi High Court Reserves Order on Pleas Against Movie Based on 2020 Delhi Riots Reserves Judgment After Detailed Hearing The Delhi High Court on Friday reserved its judgment on three petitions challenging the release of a film reportedly based on the 2020 northeast Delhi riots. The bench, comprising Justice Sachin Datta, thoroughly examined arguments from all involved parties, addressing concerns about the film's potential influence on ongoing legal proceedings and the sensitive nature of the subject matter. Petitioners and Their Concerns The first petition was filed by Sharjeel Imam, an accused in the riots case. The second petition was submitted by five individuals, and the third by Umang, an independent candidate contesting the upcoming Delhi Legislative Assembly elections. The primary concern among petitioners was the portrayal of events in the film and its potential impact on legal and political affairs. Filmmakers' Response and Legal Stand Senior Advocate Jayant Meh...

Rau’s IAS Study Circle Case: Delhi HC Strikes Down ₹2.5 Cr Bail Condition for CEO Abhishek Gupta

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🚨 Rau’s IAS Study Circle Case: Delhi HC Strikes Down  ₹2.5 Cr Bail Condition for CEO Abhishek Gupta ⚖️ In a significant development, the Delhi High Court has set aside the financial condition of depositing ₹2.5 crore for interim bail granted to Rau’s IAS Study Circle CEO, Abhishek Gupta. This case stems from the tragic death of three UPSC aspirants in the basement of the coaching institute in Old Rajender Nagar, Delhi , in July 2024 . 🔴 What’s Next? The trial court will now decide Gupta’s bail plea on its merits , with the hearing scheduled for Friday at Rouse Avenue Court . ⚖️ High Court’s Key Observations Justice Vikas Mahajan overturned the trial court’s condition, citing the Supreme Court’s precedent , which had already removed a similar ₹5 crore condition for the co-accused. 📌 Key Developments: 🔹 The SC had already set aside the ₹5 crore fund creation order for four co-accused co-owners . 🔹 On January 21, 2025 , the Delhi HC granted them regular bail wi...

Delhi High Court Discharges School Principal in Student Death Case: A Detailed Analysis

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Delhi High Court Discharges School Principal in Student Death Case: A Detailed Analysis In a significant ruling, the Delhi High Court discharged a government school principal, Rekha Kakkar, in a 2016 case concerning the death of a student due to alleged negligence. This article delves into the legal aspects of the case, the reasoning behind the court's decision, and an explanation of the applicable legal provisions, specifically Section 251 of the CrPC and Section 304A of the IPC . Case Background: What Happened? The tragic incident occurred in a government school in Delhi's Kapashera area in 2016. A four-year-old student died after falling into a septic tank on the school premises, allegedly due to negligence. An FIR was registered under Section 304A (Death by Negligence) read with Section 34 (Common Intention) of the IPC against the school principal, a Junior Engineer (JE), a contractor, and a school maid. The charge sheet was filed on July 5, 2016 , and the Metropo...

Delhi High Court Questions Delhi Government Over Delay in Action on CAG Reports

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Delhi High Court Questions Delhi Government Over Delay in Action on CAG Reports The Delhi High Court has raised serious concerns about the Delhi Government's handling of the Comptroller and Auditor General (CAG) reports, questioning its motives for delaying the process. The remarks came during a hearing involving a petition filed by BJP MLAs seeking the tabling of 14 CAG reports in the Delhi Legislative Assembly. Let’s delve into the key issues, the significance of CAG, and why this matter has become a topic of public interest. What is CAG and Its Role? The Comptroller and Auditor General of India (CAG) is a constitutional authority responsible for auditing all receipts and expenditures of the government, including public sector enterprises. Its reports hold the government accountable for the financial and operational efficiency of its departments. CAG reports are presented to the legislative assemblies, where they serve as a critical tool for legislators to debate and scruti...

Delhi High Court Grants Bail to Former Bank Manager Accused of Defrauding Woman of ₹13 Crores

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Delhi High Court Grants Bail to Former Bank Manager  Accused of Defrauding Woman of ₹13 Crores  The Delhi High Court has granted bail to Varun Vashista , a former bank manager accused of embezzling over ₹13 crores from a customer’s account while working at ICICI Bank's Vikas Puri branch. The bail was approved by Justice Amit Mahajan on November 12, 2024, after considering the evidence and facts of the case.   Details of the Case The allegations against Vashista stem from his role as a branch manager. The complainant and her husband had entrusted him with managing their investments, amounting to ₹13.5 crores, between 2019 and 2023.   The complainant discovered in January 2024 that nearly ₹12 crores had been **siphoned off** from her account. Key allegations include:   - Creation of Fake Fixed Deposits: The accused reportedly created fraudulent fixed deposit accounts in the complainant’s name.   - Misappropriation of Funds: Funds were tr...

PIL Filed in Delhi High Court Against Ticket Scalping Ahead of Diljit Dosanjh's Concert

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PIL Filed in Delhi High Court Against Ticket Scalping  Ahead of Diljit Dosanjh's Concert A Public Interest Litigation (PIL)  has been filed in the Delhi High Court  highlighting the unethical and illegal practice of ticket scalping , which refers to the resale of event tickets at inflated prices. This PIL specifically relates to the upcoming concert of renowned singer Diljit Dosanjh . The case is listed for hearing before the Chief Justice of Delhi High Court on Wednesday . The Allegations: Unethical Reselling Practices The petition has been moved by Rohan Gupta  through a team of advocates comprising Jatin Yadav , Daksh Gupta , Gaurav Dua , and Saurabh Dua . It highlights a growing concern about the exploitation of concert-goers through ticket scalping, which has become a widespread issue in India. This unethical practice leaves genuine fans at a disadvantage while resellers profit through significant price hikes. The petitioner references events such as the concer...

Plea in Delhi High Court Raises Concerns Over Mobile Apps Sharing Sensitive Vehicle Owner Data

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Plea in Delhi High Court Raises Concerns Over Mobile Apps Sharing Sensitive Vehicle Owner Data A petition has been filed in the Delhi High Court raising serious concerns about mobile applications that allow third-party access to the personal and sensitive information of vehicle owners. The plea, filed by Gopal Bansal , a practicing advocate, highlights potential privacy violations and security risks caused by these apps providing easy access to information such as the vehicle owner's name , address , and vehicle details . Key Points of the Petition 1. Access to Sensitive Information: The petitioner argued that the ease with which these apps provide access to personal information could result in misuse , with malicious intent. He claimed that this could jeopardize the safety and privacy of vehicle owners. 2. Judges and Senior Advocates Targeted: In his petition, Bansal stated that he was able to obtain information about vehicles reportedly used by judges and senior advocat...