Weekly News From Delhi High Court | Social Thikana

PANASAM AKSHARA | Delhi HC | Weekly News Social Thikana

Delhi HC allow patient to have ultrasound machine at home in view of serious condition of patient.

The Delhi HC allowed an elderly patient to have ultrasound machine at home in view of serious condition of patient who is not in position to move to hospital.The ultrasound machine is required for test requiring replacement of infected peripherally inserted central catheter (PICC) line inserted in body of patient.The high court directed private hospital to transport the machine under supervision of District administration and Chief District medical officer.Otherwise use of ultrasound machine is prohibited under Pre-Conception and Pre-Natal Diagnostic Techniques Act and concerned rules passed by Delhi Government.Justice Sanjeev Narula observed in order,'The Court prima facie finds that petitioner's Right to Life guaranteed by Constitution of India would be violated if provisions of PNDT Act are interpreted in manner that prevents him accessing essential medical equipment.The court observed in its order that,'In medical emergency case such as one before us today,where a petitioner is genuinely not in position to transported to location where said machine is available and where procedure has prescribed for patient indomiciliary care,the afore noted provisions of PNDT and notification of Government of NCT of Delhi,cannot come into his way.The court observed,'In opinion of court,the legal provisions cited cannot be interpreted is such manner so as to deprive the petitioner of treatment that is urgently required as per advice of concerned doctors.Any delay or failure would impede his treatment and may cause determination of his health'.It also merit nothing that rationale for introduction of said prohibitory provisions in PNDT Act was in context of prevention of social evil of pre-natal sex determination which very far removed from facts of instant case,the court said.The bench allowed Director of fortis Hospital to transport the machine to the petitioner.It directed the above directions to be carried in supervision of District Magistrate along with concerned Chief District Medical Officer of the district who shall issue instructions to fortis hospital as maybe required to ensure comply with the above directions.The court issued directions while giving interim relief to the petitionerThe petition was urgently heard that stated petitioner is suffering from debilitating illness called Progressive Supranuclear Palcy (PSP) and under domiciliary hospitalisation at his home which is an arrangement akin to an ICU setting in tertiary care.The petition stated that petitioner can't be taken to hospital or clinic for ultrasound especially in present case for removing infected PICC line which has been inserted in his body.The PICC stated to have been infected by a fungal infection candida auris which as per report is resistant to antibiotics.If said PICC line is not replaced immediately,it may have dire consequences for his already frail condition.

Delhi HC noted kite-flying is part of our culture and heritage,it can't pass order banning practice.

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said that the use of Chinese manjha is a grave concern and directed the state to ensure strict compliance with NGT order and a Delhi government notification order banning the same.The court dealt with PIL petition to impose a complete ban on kite-flying and use of chinese manjha in Delhi.The petitioner said that large number of accidents are taking place in and around delhi due to use of Chinese manjha which was also causing injuries to birds and animals.The plea by Advocate Sanser Pal Singh thus sought a blanket ban on kite-making storage and its transportation along with all other materials used for flying kites.The Court told by counsel appearing for Central and State governments that a notification was issued in 2017 imposing complete ban on use of chinese manjha and other similar material and that a monitoring committee has also been constituted to look into matter.It was stated that NGT had passed an order in September 2020 prohibiting the manufacture,sale,storage,purchase and use of thread made of nylon or other synthetic,non-biodegradable material for kite-making.The police further stated that FIRs are being registered against people found to be violating the NGT order and the government notification.After hearing the parties the court disposed of petition with direction to authorities to ensure strict compliance with both NGT order and the notification.Sanser Pal Singh appeared in person.Additional Solicitor General Chetan Sharma and Central Government standing counsel Anil Soni,along with Advocates Amit Gupta,Rishav Dubey,Sahaj Garg and Saurabh Tripathi appeared for Union of India.Additional Standing Counsel Sameer Vashisht and Advocate Sanjana Nangia appeared for Delhi government.Standing Counsel Sanjay Lao along with Advocate Supriya Manan and Karan Jeet Rai Sharma appeared for Delhi Police.The Delhi High Court recently observed that kite-flying is a part of our culture and heritage that it cannot pass an order banning the practice.

Delhi HC observed that charges can be framed only on material before court and not on speculation.

Case-Vinod Kumar Kila v. CBI. Justice Asha Menon quashed trial court order that framed charges against a CA in disaproportionate assets case.The trial court while framing charges observed that possibility could not be ruled out one of accused persons could become approver and disclose to court the entire conspiracy which the High Court opined was peculiar line of reasoning.The court in its order had stated that,"There is no gain saying that such reasoning is indeed convoluted.Charge be framed only on material before court and cannot be based on speculation.The court had to consider whether on chargesheet and documents relied upon by CBI,including retracted confessional statements recorded under Sec-164 CrPC,there were sufficient grounds to frame charge against petitioner."The court acted on plea by CA,who challenged 2016 order that charged him of offence of abetment under IPC with offences relating to criminal misconduct by public servant under Prevention of Corruption Act.The main accused is the executive engineer of Bangalore Metro Rail Corporation who allegedly amassed wealth disproportionate to known sources of income.The investigating agency alleged that CA played the main role in routing illegal money of main accused by arranging companies and persons whose bank accounts were used for channelising tainted money.Petitioner's counsel stated that nothing incriminating against petitioner could be garnered from 44 witnesses who had examined till now out of 120 witnesses.It also submitted that at no point in time had petitioner held any money on behalf of public servant.The money in question it was argued belonged to wife of main accused and petitioner was only CA of her company with nothing to do with public servant.The CBI counsel pointed that scope of petition was narrow and the court could not re-assess the material on record.Referring to Supreme Court judgement in Asian Resurfacing of Road Agency Pvt Ltd v. CBI he argued that court ought to exercise its revisional or inherent powers only to correct jurisdictional errors and that too in rarest of rare cases.The trial court,it was submitted was not required to assess material presented by prosecution in depth while framing charge and it rightly framed charges against the petitioner.At time of framing charge against petitioner the trial court observed the question of intent in committing act could not be considered and no conclusion be drawn that he had unintentionally acted during the normal course of business as a CA.Justice Menon found it strange that trial court thought it appropriate to refer Sec-315 CrPC rather than Sec-319 of CrPC empowered court to proceed against any person appearing to be guilty of offence during the course of trial,after submission of chargesheet.As per court,the trial court record did not disclose independent material against petitioner.The Delhi HC observed that charges can be framed only on material before the court and not on speculation.

Minor victims of sexual abuse made to appear physically,it has psychological impact on them:Delhi HC

Taking note of fact that minor victims of sexual abuse are made to appear physically/virtually at time of hearing of bail applications of accused,the Delhi HC said psychological impact on children is immensely grave as arguments and accusations vary from doubting integrity to questioning the character of victims.Seeking inputs from Delhi HC Legal Services Committee and Delhi State Legal Services Authority on practice directions that issued to tackle the issue,Justice Jasmeet Singh said it in interest of victim that she is not traumatised again by reliving the incident at court proceedings which could be triggering.Justice Singh passed an order on 1 August that read,'The psychological impact on POCSO victim being present in court is immensely grave as arguments vary from allegations, accusations, doubting, integrity, character etc.., The prosecutrix is forced to be present in court with accused that same person who allegedly has violated her.'The court passed order while deciding a rape convict's application for suspension of sentence in 2014 case.In december 2019,the accused was convicted of raping his own daughter and sentenced to rigorous imprisonment of 10 years.As per jail record the convict has already undergone a sentence of more than seven years and nine months.Suspending sentence of convict the court said,'The appeal is of year 2020 and has been admitted on 18 February 2020 and there is no reasonable chance that appeal would be taken up for hearing in near future'.The court restrained the convict from visiting Rajasthan"under any circumstances" as his wife and daughter live there.He shall not connect with or be in touch with his wife or prosecutrix,the court has said.The order said,'The appellant shall not communicate with,or come into contact with any of prosecution witnesses,or any member of victim's family'.

Minor victims of sexual abuse are to appear physically it has psychological impact on them:DelhI HC.

Taking note of fact that minor victims of sexual abuse are made to appear physically/virtually at time of hearing of bail applications of accused,the Delhi HC said psychological impact on children is immensely grave as arguments and accusations vary from doubting integrity to questioning the character of victims.Seeking inputs from Delhi HC Legal Services Committee and Delhi State Legal Services Authority on practice directions that issued to tackle the issue,Justice Jasmeet Singh said it in interest of victim that she is not traumatised again by reliving the incident at court proceedings which could be triggering.Justice Singh passed an order on 1 August that read,'The psychological impact on POCSO victim being present in court is immensely grave as arguments vary from allegations, accusations, doubting, integrity, character etc.., The prosecutrix is forced to be present in court with accused that same person who allegedly has violated her.'The court passed order while deciding a rape convict's application for suspension of sentence in 2014 case.In december 2019,the accused was convicted of raping his own daughter and sentenced to rigorous imprisonment of 10 years.As per jail record the convict has already undergone a sentence of more than seven years and nine months.Suspending sentence of convict the court said,'The appeal is of year 2020 and has been admitted on 18 February 2020 and there is no reasonable chance that appeal would be taken up for hearing in near future'.The court restrained the convict from visiting Rajasthan"under any circumstances" as his wife and daughter live there.He shall not connect with or be in touch with his wife or prosecutrix,the court has said.The order said,'The appellant shall not communicate with,or come into contact with any of prosecution witnesses,or any member of victim's family'.

Minor victims of sexual abuse are to appear physically it has psychological impact on them:DelhI HC.

Taking note of fact that minor victims of sexual abuse are made to appear physically/virtually at time of hearing of bail applications of accused,the Delhi HC said psychological impact on children is immensely grave as arguments and accusations vary from doubting integrity to questioning the character of victims.Seeking inputs from Delhi HC Legal Services Committee and Delhi State Legal Services Authority on practice directions that issued to tackle the issue,Justice Jasmeet Singh said it in interest of victim that she is not traumatised again by reliving the incident at court proceedings which could be triggering.Justice Singh passed an order on 1 August that read,'The psychological impact on POCSO victim being present in court is immensely grave as arguments vary from allegations, accusations, doubting, integrity, character etc.., The prosecutrix is forced to be present in court with accused that same person who allegedly has violated her.'The court passed order while deciding a rape convict's application for suspension of sentence in 2014 case.In december 2019,the accused was convicted of raping his own daughter and sentenced to rigorous imprisonment of 10 years.As per jail record the convict has already undergone a sentence of more than seven years and nine months.Suspending sentence of convict the court said,'The appeal is of year 2020 and has been admitted on 18 February 2020 and there is no reasonable chance that appeal would be taken up for hearing in near future'.The court restrained the convict from visiting Rajasthan"under any circumstances" as his wife and daughter live there.He shall not connect with or be in touch with his wife or prosecutrix,the court has said.The order said,'The appellant shall not communicate with,or come into contact with any of prosecution witnesses,or any member of victim's family'.

Minor victims of sexual abuse are to appear physically it has psychological impact on them:Delhi HC.

Taking note of fact that minor victims of sexual abuse are made to appear physically/virtually at time of hearing of bail applications of accused,the Delhi HC said psychological impact on children is immensely grave as arguments and accusations vary from doubting integrity to questioning the character of victims.Seeking inputs from Delhi HC Legal Services Committee and Delhi State Legal Services Authority on practice directions that issued to tackle the issue,Justice Jasmeet Singh said it in interest of victim that she is not traumatised again by reliving the incident at court proceedings which could be triggering.Justice Singh passed an order on 1 August that read,'The psychological impact on POCSO victim being present in court is immensely grave as arguments vary from allegations, accusations, doubting ,integrity, character etc..,The prosecutrix is forced to be present in court with accused that same person who allegedly has violated her.'The court passed order while deciding a rape convict's application for suspension of sentence in 2014 case.In december 2019,the accused was convicted of raping his own daughter and sentenced to rigorous imprisonment of 10 years.As per jail record the convict has already undergone a sentence of more than seven years and nine months.Suspending sentence of convict the court said,'The appeal is of year 2020 and has been admitted on 18 February 2020 and there is no reasonable chance that appeal would be taken up for hearing in near future'.The court restrained the convict from visiting Rajasthan"under any circumstances" as his wife and daughter live there.He shall not connect with or be in touch with his wife or prosecutrix,the court has said.The order said,'The appellant shall not communicate with,or come into contact with any of prosecution witnesses,or any member of victim's family'.

Delhi HC directed site engineer supervising ongoing construction work to contribute toward education

Case-Man Singh v. The State NCT of Delhi & Anr.

The Delhi HC recently directed a site engineer,supervising an ongoing construction work,to contribute towards educational expenses of child who was injured after a board present at site fell on him.The direction will remain till child clears 10th standard.The minor child is presently in 3rd standard.The FIR was registered under sec.283 & 338 of IPC by father of minor child alleging negligence on part of petitioner-engineer,who was employed with private construction company.The engineer therefore approached the High Court seeking quashing of FIR on ground that dispute was amicably settled between the parties.While quashing the FIR,Justice Swarana Kanta Sharma directed that,'The child is stated to be studying in 3rd standard.The applicant is directed to pay a sum of Rs.1500/- per month towards the educational expenses of child till he clears his 10th class examination. Subject to his continuing his studies,it is expected that father will ensure that the child does not discontinue studies'.The Court also directed father of minor injured to open an account in name of child wherein the amount will be transferred directly.The court ordered that,'In view of above fact that parties have amicably resolved their differences of their own free will, and without any coercion,no useful purpose will be served by continuing the proceedings,rather the same would create further acrimony between them,it would be interest of justice to quash the above mentioned FIR and the proceedings pursuant thereto.There is no legal impediment in quashing the FIR in question'.The plea was accordingly disposed of.

"Don't pay too much attention:Chhetri tells players on FIFA ban threat":Delhi High Court.

The Indian Olympic Association awaits verdict given by Delhi High Court on 16 September last year to spell out a road map for its election.The acting president of Indian Olympic Association,Anil Khanna said that court had not given permission on Indian Olympic Association's request to hold adjourned Annual General Meeting and other related meetings.The Indian Olympic Association has sought meeting with International Olympic Committee to make them clear.The IOA president with secretary general Rajeev Mehta and Treasurer Anandeshwar Pandey,are scheduled to visit the IOC Headquarters in Lausanne on 1 & 2 September to fastrack the matter.Anil Khanna said,'We have a right to be heard.We expect the elections to be held in next three or four months'.Anil Khanna said,'The honourable courts had to step as three were major differences internally within Indian Olympic Association regarding electoral rolls and non-compliance of IOA Constitution,as already approved by IOC and law of land.The electoral college has to be clean.IOA will ensure this before elections are held as per timelines to be reached in consultation with the IOC & Olympic Council of Asia'.During the Commonwealth Games in Birmingham,Indian Olympic Association officials interacted with IOC and OCA officials in an attempt to provide clarity to situation.The IOA expects to have a robust Constitution soon,in compliance with Sports Code as well as the law of landand "duly approved by the IOC".The IOA election will be conducted under the supervision of observers from IOC & OCA among others.

'Block website which accused selling 1st copy of brands Adidas, Louis Vuitton at discounted prices'.

The Delhi High Court has ordered blocking of website which was accused of selling first copy ofmany popular footwear brands like New balance, Adidas, Louis Vuitton and Nike at highly discounted prices.Justice Navin Chawla in his order sought details KYC documents of 3 mobile numbers through which the website 'www.myshoeshop.in' was allegedly offering the goods.The court also ordered the suspension of Instagram page of website and asked for details of its owner.The order passed commercial suit filed by New Balance Athletics Inc,the US based manufacturer has been in the said business since 1906 with its presence in more than 120 countries including India.In suit,New Balance accused 'Ashok Kumar Trading' of selling counterfeits of its footwear and also of other well-known brands.The court said New Balance has made out prima facie case for grant of injunction and balance of convenience also lies in its favour."An irreparable loss would be caused to plantiff and also to consumers if defendant no.1 is not restrained by an-interim order from continuing with their web portal".The court said it is clear that defendant is not only violating the trademark right of New Balance but other well-known brands as well.Issuing summons in suit,the court asked the defendant to file a written statement within 30 days.The case will come before the court for hearing on November 9.New Balance informed the court that they first used the letter 'N' on footwear in 1970 and use of combination 'NB' as a trademark on footwear also began in 1970s.The Court was told that manufacturer has incorporated subsidiary companies in India namely New Balance IT Services India Pvt Ltd and New Balance India Pvt Ltd.New Balance has entered into franchise agreement with leading Indian party and its stores are operating in various places in India,it stated further.

Delhi HC sought the stand of ED on bail plea by ex-Police Commissioner in regard to money laundering

Delhi High Court sought the stand of ED on bail plea by ex-Mumbai Police Commissioner Sanjay Pandey in connection with money laundering case related to alleged illegal phone tapping and snooping of NSE employees.Justice Jasmeet Singh issued notice to ED on bail plea and asked it to file its status reportThe judge issued notice and sought response from CBI on separate petitions filed by Pandey and his company seeking quashing of the FIR lodged by agency in relation to alleged phone tapping for alleged commission of offences under IPC,Indian Telegraph Act and Prevention of Corruption Act.According to CBI,the company in conspiracy with other accused persons illegally intercepted MTNL lines at NSE between 2009 & 2017 and recorded calls by various NSE officials.It was alleged that telephone monitoring was carried out by company without taking permission of competent authority as required under the provisions of ITA and also without the knowledge or consent of NSE employees.Pandey who was arrested by ED on July 19,is currently in judicial custody.Senior advocate Mukul Rohatgi appearing for pandey who challenged a trial court's 4 August order rejecting bail urged the court to list bail after short date and said He is senior citizen,a police commissioner.He is not going to runaway.It was further contended that CBI FIR ought to be quashed on grounds that no offence as alleged by agency,is made against former Mumbai top cop.In petition seeking quashing of FIR in CBI case,Pandey contended that FIR has been registered only to fulfil a political agenda against him.The plea said FIR was wholly baseless and that no offence was made out.While rejecting Pandey's bail earlier this month,the trial court had said the material available prima facie showed he was actively involved in execution of recording and monitoring of calls at NSE,and was directly coommunicating with bourse staff as well as those of iSec Services,which was responsible for cyber security audit of NSE.The trial court noted that material collected by investigating officer prima facie showed the retired IPS officer was in de facto control of affairs of iSec even after 2006,when he resigned as a director, and kept attending the meetings with NSE officials.It said application was chief of Mumbai Police till 30 June 2022,the apprehension of investigating agency that he may influence the witnesses with evidence was not unfounded.The ED had 14 July arrested Chitra Ramkrishna,the former MD and CEO of NSE in phone tapping case.Ramkrishna was then already in jail in CBI case relating to co-location scam at NSE involving alleged manipulation of bourse.The matter would be heard next in September.

CCPA say,that consumer may make request to concerned hotel to remove service charge from bill amount

The Delhi High Court observed that restaurants should raise the salaries of employees if they were concerned about their staff.The court said while dealing with CCPA's plea in relation to service charge issue of eateries.The division bench headed by Chief Justice Satish Chander Sharma was hearing the appeal of CCPA challenging the 20 July stay order on its new guidelines restraining restaurants from adding a service charge by default to food bills.The bench comprising Justice Subramonium Prasad also asked whether consumers be forced to pay a service charge.The common man can feel the service charge as imposed by government is like tax,the bench remarked.The matter will be further heard on 18 August.The stay of fresh guidelines of country's consumer watchdog on 20 July was following the challenging plea of NRAI.In last hearing,Justice Yashwant Varma remarked:"Don't pay.Don't enter the restaurant.It's a matter of choice"Granting stay,the court has directed that information regarding the levy of Service Charge should be displayed on menu cards and also otherwise displayed so that customers are aware of this charge.Importantly,the court clarified that Service Charge cannot be levied on any takeway orders.NRAI is very relieved with passing of this order because it otherwise had a direct adverse impact on human capital employed in trade.In response to verdict,the NRAI said it has always been steadfast in its assertion that there is nothing illegal in levying of Service Charge and it's very transparent system.It stated"The levying of service charge is matter of contract and decision of management.The levying of service charge is displayed at various places in restaurant.The same is displayed on menu cards of restaurants.Once customer places the order after being made aware of terms and conditions there comes into existence a binding contract.No authority can interfere with binding nature of a valid contract until and unless it's shown and proved to unconscionable or is an unfair trade practice".The CCPA whichcomes under the MCA has issued guidelines for preventing unfair trade practices and violation of consumer rights with regard to hotels and restaurants levying service charge,stating that consumer may lodge a complaint with NCH against such practice.The CCPA said consumer may make request to concerned hotel or restaurant to remove service charge from bill amount.The consumer may file complaint against unfair trade practices with the Consumer Commission.As per appeal of consumer watchdog,"The guidelines have been issued for safeguarding the rights and interests of consumers and to protect the consumers from unfair trade practices and violation of consumer rights due to mandatory collection of service charge and adding such charge automatically or by default in food bill without allowing consumers the choice or discretion to decide whether they want to pay such charge or not".