Delhi High Court

35,362 judgments

Year:

Abhishek v. State of Rajasthan

18 Oct 2021 · Manoj Kumar Ohri · 2021:DHC:3293

The Delhi High Court held that failure to file charge sheet within 90 days under Section 167(2) IPC confers an absolute right to statutory bail, which cannot be defeated by procedural delays or misinformation, and upheld the petitioner’s entitlement to bail despite COVID-19 lockdown challenges.

criminal appeal_allowed Significant Section 167(2) IPC statutory bail anticipatory bail charge sheet filing

Abhishek v. State NCT of Delhi

18 Oct 2021 · Manoj Kumar Ohri · 2021:DHC:3293
Cites 2 · Cited by 0

The Delhi High Court held that the accused’s fundamental right to default bail under Section 167(2) Cr.P.C. accrues upon expiry of the statutory investigation period without filing of charge sheet and must be enforced even during COVID-19 lockdown, directing the petitioner’s release on default bail.

criminal petition_allowed Significant default bail Section 167(2) Cr.P.C. indefeasible right personal liberty

Dharamveer Sharma and Ors. v. State and Anr.

12 Oct 2021 · Manoj Kumar Ohri · 2021:DHC:4511

The Delhi High Court dismissed the petition seeking quashing of FIR alleging sexual and domestic abuse, holding that the allegations prima facie disclose cognizable offences and the case requires investigation and trial.

criminal petition_dismissed Significant Section 482 Cr.P.C. quashing of FIR POCSO Act Bhajan Lal guidelines

M/S V M INDUSTRIES v. COMMISSIONER OF VAT & ANR.

12 Oct 2021 · CHIEF JUSTICE D.N. PATEL; JYOTI SINGH · 2021:DHC:3292-DB

The Delhi High Court directed tax authorities to expeditiously decide the petitioner's pending VAT refund claim with interest, applying the principle of unjust enrichment.

tax other Significant refund claim Delhi Value Added Tax Act Section 42 DVAT Act interest on refund

Pradeep Kumar v. Union of India & Ors.

12 Oct 2021 · Manmohan; Navin Chawla · 2021:DHC:3291-DB

The Delhi High Court upheld the removal from service of a CISF officer found intoxicated while on armed night duty, holding the punishment proportionate and refusing to interfere with the disciplinary authority's order.

administrative petition_dismissed Significant disciplinary proceedings removal from service intoxication on duty CISF

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12 Oct 2021 · Moota Gupta · 2021:DHC:3289

Delhi High Court upheld conviction under Section 10 POCSO Act for sexual assault on a minor, modifying sentence from six to five years rigorous imprisonment.

criminal appeal_dismissed Significant Protection of Children from Sexual Offences Act Section 10 POCSO sexual assault minor victim

Nekram v. State

12 Oct 2021 · Mukta Gupta · 2021:DHC:3289

The Delhi High Court upheld the conviction under Section 10 of the POCSO Act for sexual assault of a child, modifying the sentence from six to five years imprisonment with fine.

criminal appeal_dismissed POCSO Act Section 10 POCSO child sexual assault victim testimony

M/S TOTEM-PREMCO (JV) v. M/S RAIL VIKAS NIGAM LIMITED

12 Oct 2021 · Vibhu Bahkru · 2021:DHC:3275

The Delhi High Court upheld an arbitral award rejecting the petitioner’s claim for refund of encashed Performance Bank Guarantee, holding that the contract was validly novated and terminated due to petitioner’s abandonment of work under the agreed joint work programme.

civil petition_dismissed Significant Arbitration and Conciliation Act, 1996 Performance Bank Guarantee Contract Novation Termination of Contract

Morgan Securities and Credits Pvt Ltd v. Ganesh Benzoplast Limited

12 Oct 2021 · Manmohan J.; Navin Chawla J. · 2021:DHC:3278-DB

The Delhi High Court dismissed the appeal against refusal of interim relief under Section 9 of the Arbitration Act after the respondent undertook to allow execution of the arbitral award against itself and its subsidiaries.

civil appeal_dismissed Section 9 Arbitration and Conciliation Act, 1996 interim relief arbitral award execution asset transfer restraint

Mohd. Naved & Ors. v. Farha Rehman

12 Oct 2021 · Prathiba M. Singh · 2021:DHC:3286

The Delhi High Court upheld the Trial Court's order allowing withdrawal of a suit with liberty to file a fresh comprehensive suit under Order XXIII Rule 1(3)(b) CPC, holding that "sufficient grounds" for such withdrawal are not limited to formal defects.

civil appeal_dismissed Significant Order XXIII Rule 1(3)(b) CPC withdrawal of suit liberty to file fresh suit sufficient grounds

Master Lalit Kumar v. Govt of NCT of Delhi & Ors.

12 Oct 2021 · Rajiv Shakdher; Talwant Singh · 2021:DHC:3288-DB

The Delhi High Court closed a writ petition after the petitioner was granted nursery admission, directing correction of an administrative error in the admission record while leaving legal questions open for future cases.

administrative petition_dismissed school admission nursery grade Directorate of Education admission record rectification

E.N. Project and Engineering Industries (P) Ltd. v. KVT Electrical Project and Engineering

12 Oct 2021 · Manoj Kumar Ohri · 2021:DHC:3285

The Delhi High Court upheld an interim injunction protecting a registered design against alleged infringement, holding that the defendants failed to prove prior publication or lack of novelty and acted in bad faith by copying the plaintiff's design.

civil appeal_dismissed Significant Designs Act, 2000 Registered design Prior publication Novelty and originality

Shree Anjaney Traders LLP v. The Principal Commissioner and Ors

12 Oct 2021 · Manmohan J.; Navin Chawla J. · 2021:DHC:3279-DB

The Delhi High Court directed release of seized Areca Nuts on furnishing a bank guarantee for the unverified quantity, allowing the writ petition while preserving the Department's right to investigate.

administrative petition_allowed seizure of goods release of seized goods bank guarantee tax paid goods

Narender v. State (Govt. of NCT of Delhi)

12 Oct 2021 · Manoj Kumar Ohri · 2021:DHC:3283

The Delhi High Court acquitted the petitioner of rash and negligent driving causing death under Sections 279 and 304A IPC due to insufficient and unreliable evidence, emphasizing the prosecution's burden to prove rashness beyond reasonable doubt.

criminal appeal_allowed Significant rash and negligent driving Section 304A IPC Section 279 IPC revision petition

M/S JC DECAUX ADVERTISING INDIA PRIVATE LIMITED v. SOUTH DELHI MUNICIPAL CORPORATION

12 Oct 2021 · Sanjeev Sachdeva · 2021:DHC:3277

The court directed SDMC to grant a personal hearing and pass a detailed speaking order before enforcing a large demand notice against the petitioner, staying coercive action until then.

administrative petition_allowed demand notice personal hearing speaking order Outdoor Advertisement Policy

Syed Sajid Ali v. BSES Yamuna Power Ltd & Anr.

12 Oct 2021 · Sanjeev Sachdeva · 2021:DHC:3276

Delhi High Court allowed a petitioner facing COVID-19 financial hardship to pay outstanding electricity dues in installments and directed expeditious restoration of electricity connection upon payment of the first installment.

administrative petition_allowed electricity connection installment payment COVID-19 financial hardship utility dues

PR. COMMISSIONER OF INCOME TAX-06 v. M/S MCKINSEY KNOWLEDGE CENTRE INDIA (P) LTD

12 Oct 2021 · Manmohan J.; Navin Chawla J. · 2021:DHC:3282-DB

The Delhi High Court dismissed the Department's appeal, upholding the ITAT's exclusion of Aditya Birla Capital Advisors as a comparable and rejecting notional interest adjustments on receivables where payments were received in advance.

tax appeal_dismissed Significant transfer pricing comparability analysis international transaction Section 92B Income Tax Act

Anil Bagai & Ors. v. Harsh Mehendiratta & Ors.

12 Oct 2021 · C. Hari Shankar · 2021:DHC:3290

The Delhi High Court decreed a civil suit based on a settlement agreement, disposing of the suit and related applications, vacating interim orders, and allowing refund of court fees.

civil settled settlement agreement civil suit decree court fees refund

Vrihaspati Tripathi & Ors. v. Delhi Subordinate Services Selection Board & Ors.

12 Oct 2021 · Rajiv Shakdher; Talwant Singh · 2021:DHC:3287-DB

The Delhi High Court allowed a one-time age relaxation for future vacancies of Special Educator posts but upheld proceeding with the scheduled exam without relaxation for notified vacancies, directing prompt advertisement of leftover vacancies.

administrative appeal_allowed Significant age relaxation Special Educator recruitment Delhi Subordinate Services Selection Board Recruitment Rules

M. Meena v. Union of India & Ors.

12 Oct 2021 · Manmohan J.; Navin Chawla J. · 2021:DHC:3281-DB

The Delhi High Court directed verification and grant of pro rata pension and family pension to the widow of an ex-serviceman similarly placed as in prior pension entitlement cases, with conditions for payment and communication of reasons if denied.

administrative other Significant pro rata pension family pension ex-serviceman No Objection Certificate