A Division Bench of the Delhi high court comprising the chief justice G Rohini, and Justice Jayant Nath today set aside the order of the Single Judge of the High Court directing the Supreme Court registry to comply with the Central Information Commission’s directive to maintain records regarding the judgments pending, after being reserved by the benches.

The Delhi high court on Wednesday asked the Aam Aadmi Party government whether it can limit the restriction on the plying of even- and odd-numbered vehicles in the national capital on alternate days to “a week” instead of the planned 15 days. A division bench of Chief Justice G Rohini and Justice Ja...

Delhi Public Prosecutors will likely not give up their 24 December to 1 January vacation on the “last minute” order of Delhi chief minister Arvind Kejriwal reported The Indian Express . Prosecutors in Delhi have protested the directive in a letter to the director of prosecution. The director of pros...

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The Delhi high court on Tuesday issued notice to Chief Minister Arvind Kejriwal and five other AAP leaders in a defamation suit filed by Finance Minister Arun Jaitley. Joint Registrar K Venugopal sought replies from Kejriwal, Kumar Vishwas, Raghav Chadha, Ashutosh, Sanjay Singh and Deepak Bajpai by ...

The Delhi high court was on Tuesday informed by the TRAI that no coercive steps would be taken against telecom companies till 6 January in connection with call drop compensation norms. The Telecom Regulatory Authority of India (TRAI) told the division bench of Chief Justice G Rohini and Justice Jaya...

Finance Minister of India, Arun Jaitley filed a civil defamation case against Delhi Chief Minister Arvind Kejriwal and five other Aam Aadmi Party (AAP) leaders in the Delhi high court today reported The Indian Express . Jaitley has accused AAP leaders of issuing false and defamatory statements again...

The Delhi high court today said the 16 December, 2012, Delhi gang-rape “juvenile” convict’s stay can’t be extended in an observation home. A division bench of Chief Justice G Rohini and Justice Jayant Nath said the convict, who was found to be a juvenile at the time of the crime, cannot be kept at t...

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The Delhi high court on Wednesday asked the state government to respond on a PIL seeking repainting of zebra crossings and removal of unauthorisedly parked vehicles from roads to prevent traffic disruptions. A division bench of Chief Justice G Rohini and Justice Jayant Nath asked the Delhi governmen...

Former Delhi high court judge Justice Reva Khetrapal took oath as the new Lokayukta of Delhi on Thursday. Lt. Governor Najeeb Jung administered the oath at a function where Delhi Chief Minister Arvind Kejriwal was also. Khetarpal will serve a five-year term. The post has remained vacant since Novemb...

In the Additional District and Sessions Judge, ‘X’ v. Supreme Court of India Through Secretary General And Anr., which came up before the bench comprising justices JS Khehar and Rohinton Nariman on 16 December, the petitioner’s counsel, Indira Jaising raised the relevance of the in-house committee report in establishing the misconduct of a judge.

Former Delhi high court Chief Justice and chairperson of the Law Commission AP Shah criticised the Supreme Court for overturning Delhi high court judgment on decriminalising homosexuality and commented that the Supreme Court bench had “ignored the counter-majoritarian role of the judiciary” while sp...

The Delhi high court today issued notice to the central government on BJP leader Subramanian Swamy’s plea against the release of the juvenile convict in the 16 December, 2012 gang-rape and sought an IB report about him having been radicalised. A division bench of Chief Justice G Rohini and Justice R...

“Alongside the justices, you will draft decisions that change lives. Your input will constantly be sought, and your ideas will certainly be implemented. In many instances, the justices will rely entirely on your analysis. They’ll base their opinions on your research. That means you affect what they see and what they know. There are nine justices on this Court. But your influence, the power that you hold, makes you the tenth justice.”

The Supreme Court on Wednesday indicated it may appoint a retired judge to examine answer-sheets of over 600 candidates who appeared in 2014 Delhi Judicial Services main exam to ascertain if anyone could be called for final interview before appointment. Indicating the course of action it was contemp...

The Delhi high court has held a cyber-squatter guilty of misusing the name of Tata group chief Cyrus Pallonji Mistry by holding on to websites www.cyrusmistry.co.uk and www.cyrusmistry.co http: and has directed him to transfer both the websites to Mistry reported The Hindustan Times .</http:> J...

The Delhi high court on Wednesday refused to restrain the city government from enforcing it’s decision to allow even and odd number cars to ply in Delhi on alternative dates, saying the decision is on a “trial basis”. A division bench of Chief Justice G Rohini and Justice Jayant Nath refused to pass...

In a setback to Congress chief Sonia Gandhi and vice president Rahul Gandhi, the Delhi high court on Monday dismissed their plea to quash summons issued to them by a trial court on BJP leader Subramanian Swamy’s complaint in the National Herald case.

Justice Sunil Gaur dismissed their pleas which means the Gandhis will have to appear before the trial court in the case.

“This court is of the considered view that the gravity of the allegations levelled against petitioners has a fraudulent flavour involving a national political party and so, serious imputations smacking of criminality levelled against petitioners need to be properly looked into,” said the court.

“Without casting any reflection on the merits of this case and while leaving the larger questions raised in these petitions open, to be considered at the charge stage, these petitions and the pending applications are dismissed with afore-noted clarification.”

Apart from the Gandhis, the court also dismissed the pleas of Congress treasurer Motilal Vora, family friend Suman Dubey and party leader Oscar Fernandes who had moved the high court for quashing of summons to them by the trial court.

On 26 June, the trial court issued summons to the Congress leaders on Swamy’s complaint about “cheating” in the acquisition of Associated Journals Ltd. (AJL) by Young India Ltd. (YIL) - “a firm in which Sonia and Rahul Gandhi eac h own a 38 percent stake”.

Senior advocate Kapil Sibal, who had appeared for Sonia Gandhi, sought quashing of the proceedings initiated by the lower court against her and the others, saying that the complaint made by Swamy against them were only “allegations without any supporting proof”.

He had said there was no illegality in Young India Ltd. (YIL) taking over Associated Journals Ltd. (AJL), the publisher of the now-defunct National Herald newspaper, as per the Companies Act.

Swamy had claimed that Sonia and Rahul Gandhi, as majority shareholders of YIL, benefited from the acquisition of AJL He alleged that AJL had received an interest-free loan of Rs 90.25 crore from the Congress and that the party transferred the debt to YIL for Rs 50 lakh.

At the time, AJL, which had Vora as its chairman, claimed that it could not repay the loan and agreed to transfer the company and its assets to YIL

Saying there are sufficient grounds to summon them, the high court said: “After having considered the entire case in its proper perspective, this court finds no hesitation to put it on record that the modus operandi adopted by petitioners in taking control of AJL via Special Purpose Vehicle i.e. YIL, particularly, when the main persons in Congress Party, AJL and YIL are the same, evidences a criminal intent.”

“Whether it is cheating, criminal misappropriation or criminal breach of trust is not required to be spelt out at this nascent stage. In any case, by no stretch of imagination, it can be said that no case for summoning petitioners as accused in the complaint in question is made out.

“Questionable conduct of petitioners needs to be properly examined at the charge stage to find out the truth and so, these criminal proceedings cannot be thwarted at this initial stage.”

Filing the plea in the high court, the Congress leaders had said Swamy was a political opponent and the present criminal proceedings were initiated only with an intent to secure an oblique political objective.

On 7 December 2015 20:21:32 GMT+05:30, “KIAN GANZ (Legally India)” <kian.ganz> wrote:>>>>-------- Original Message -------->From: Stories >Sent: 7 December 2015 19:50:04 GMT+05:30>To: >Cc: >Subject: National Herald case: HC dismisses Gandhis’ plea against>summons (Second Lead)>>>New Delhi, Dec 7 (IANS) In a setback to Congress chief Sonia Gandhi and>vice president Rahul Gandhi, the Delhi high court on Monday dismissed>their plea to quash summons issued to them by a trial court on BJP>leader Subramanian Swamy’s complaint in the National Herald>case.Justice Sunil Gaur dismissed their pleas which means the Gandhis>will have to appear before the trial court in the case.”This court is>of the considered view that the gravity of the allegations levelled>against petitioners has a fraudulent flavour involving a national>political party and so, serious imputations smacking of criminality>levelled against petitioners need to be properly looked into,” said the>court.”Without casting any reflection on the merits of this case and>while leaving the larger questions raised in these petitions open, to>be considered at the charge stage, these petitions and the pending>applications are dismissed with afore-noted clarification.”Apart from>the Gandhis, the court also dismissed>the pleas of Congress treasurer Motilal Vora, family friend Suman Dubey>and party leader Oscar Fernandes who had moved the high court for>quashing of summons to them by the trial court. On 26 June, the trial>court issued summons to the Congress leaders on Swamy’s complaint about>“cheating” in the acquisition of Associated Journals Ltd. (AJL) by>Young India Ltd. (YIL) - “a firm in which Sonia and Rahul Gandhi eac h>own a 38 percent stake”.Senior advocate Kapil Sibal, who had appeared>for Sonia Gandhi, sought quashing of the proceedings initiated by the>lower court against her and the others, saying that the complaint made>by Swamy against them were only “allegations without any supporting>proof”. He had said there was no illegality in Young India Ltd. (YIL)>taking over Associated Journals Ltd. (AJL), the publisher of the>now-defunct National Herald newspaper, as per the Companies Act.Swamy>had claimed that Sonia and Rahul Gandhi, as majority shareholders of>YIL, benefited from the>acquisition of AJL He alleged that AJL had received an interest-free>loan of Rs 90.25 crore from the Congress and that the party transferred>the debt to YIL for Rs 50 lakh.At the time, AJL, which had Vora as its>chairman, claimed that it could not repay the loan and agreed to>transfer the company and its assets to YIL Saying there are sufficient>grounds to summon them, the high court said: “After having considered>the entire case in its proper perspective, this court finds no>hesitation to put it on record that the modus operandi adopted by>petitioners in taking control of AJL via Special Purpose Vehicle i.e.>YIL, particularly, when the main persons in Congress Party, AJL and YIL>are the same, evidences a criminal intent.””Whether it is cheating,>criminal misappropriation or criminal breach of trust is not required>to be spelt out at this nascent stage. In any case, by no stretch of>imagination, it can be said that no case for summoning petitioners as>accused in the complaint in>question is made out.”Questionable conduct of petitioners needs to be>properly examined at the charge stage to find out the truth and so,>these criminal proceedings cannot be thwarted at this initial>stage.”Filing the plea in the high court, the Congress leaders had said>Swamy was a political opponent and the present criminal proceedings>were initiated only with an intent to secure an oblique political>objective.Regards,IANS Support Team>>>>— >Kian Ganz >Publishing Editor >Legally India - News for Lawyers >http://www.LegallyIndia.com > >Tel (India): +91 900 405 6651 >Twitter: http://twitter.com/legallyindia</kian.ganz>