Justice Dharmesh Sharma Archives

Considerations for bail cannot be same in cases involving anti-national activities, terrorism and involvement with dreaded gangsters: Delhi HC dismisses bail petition of UAPA accused

“This Court while acknowledging that speedy trial is necessary as a Constitutional prescription, observes that in cases involving anti-national activities and terrorism on an international scale, long incarceration in itself ought not to lead to enlargement on bail, when facts showed involvement in such activities which can have a national and transnational impact.”

Case Briefs High Courts

Baggage Rules required to be re-looked to ensure no harassment of genuine tourists/travellers carrying gold jewellery: Delhi High Court

Bona fide tourists/travellers, travelling for social engagements in India with gold, which could be of a much higher value than the permissible limits, cannot to be expected to file detailed declarations, as this can make the entire process of entering India and exiting from airports extremely unfriendly or onerous.

Case Briefs High Courts

‘Upon detecting fraud, bank has implied duty to exercise reasonable care and take prompt action’; Delhi HC directs SBI to compensate loss of Rs. 2.6 Lakhs incurred by cyber fraud victim

‘The Banking Ombudsman overlooked the key aspects of the matter and completely misdirected itself in law.’

Case Briefs High Courts

‘Latent construction defects were root cause’; DDA to pay Rs. 11 lakh compensation to family of man who died due to sudden collapse of apartment’s balcony: Delhi HC

It was evident that the present issue exceeded simple seepage or dampness. An ordinary person cannot be expected to detect structural defects in their balcony. Notably, the Flat Resident Association has repeatedly alerted the DDA of poor construction quality and substandard materials, but their concerns were consistently ignored.

Case Briefs High Courts

Delhi High Court refuses to exercise power of judicial review and usurp powers of NCLT in petition filed against Reserve Bank of India

‘The Adjudicating Authority alone has the jurisdiction to regulate the conduct of CoC and finally adjudicate upon the resolution plan through powers of judicial review while ensuring that CoC functions as per the role and responsibilities delineated under IBC.’

Case Briefs High Courts

Delhi HC sets aside DDA’s decision declining the society’s request to celebrate Janamashtami Mohotasav in District Park

The Court asked DDA to ponder over what they have done to this city in terms of providing recreational activities open to all and how they intend to make Delhi a ‘Smart City’.

Case Briefs High Courts

[Clean Slate Basis] Delhi HC sets aside assessment order pertaining to previous liability against corporate debtor issued after NCLT Chennai concluded the CIRP

The Court stated that once the resolution plan was approved by the COC, it should be binding on all the stakeholders. Thus, the successful resolution applicant starts running the business of the corporate debtor on a fresh slate.

Case Briefs High Courts

“Allowing private shrines on public land will be disastrous”; Delhi High Court dismisses petition to demarcate alleged Shrine Land on Yamuna Floodplain

The Delhi High Court said if each Sadhu, Baba, and Guru is allowed to build a shrine on public land and thereby, continue to use it for personal gains, it would lead to disastrous consequences jeopardizing larger public interest.

Case Briefs High Courts

‘Proceedings still at a nascent stage’; Delhi High Court transfers case for winding up of company to NCLT

The Delhi High Court said that the winding up proceedings which have not progressed to an advanced stage before the High Courts, ought to be transferred to the NCLT.

Case Briefs High Courts

[Delay and Laches] Delhi High Court dismisses petition seeking land reallocation in exchange for Jhuggi demolished 17-years-ago

Since the Petitioner made an inexplicable delay in filing the petition for reallocation of land by DDA after receiving license fee, the petition deserves to be dismissed on account of delay and laches.