Delhi High Court Weekly Round-Up: February 17 To February 23, 2025

Citations 2025 LiveLaw (Del) 190 to 2025 LiveLaw (Del) 219NOMINAL INDEXDR. B.K. TIWARI ADVISER (NUTRITION) verus UNION OF INDIA & ANR 2025 LiveLaw (Del) 190 Gor Sharian v. The Commissioner Of Customs 2025 LiveLaw (Del) 191 Principal Commissioner, Central Tax Commissionerate, Gst Delhi West v. M/S Alkarma 2025 LiveLaw (Del) 192 JAN CHETNA JAGRITI AVOM SHAIKSHANIK VIKAS MANCH & ORS v....

[Summary Suit] Dismissing Application For Leave To Defend In Suit For Non-Prosecution Is Unsustainable In Law: J&K High Court

The Jammu and Kashmir High Court has held that if a trial court does not consider an application for leave to defend a suit filed by the defendant on merits, the impugned judgment and decree become unsustainable in law. The court held that the trial court is legally bound to consider the defence put up by the defendant in the application on its merits, notwithstanding the absence...

Section 149 IPC| 'Common Object' Needs To Be Established To Charge All Individuals For Being Part Of Unlawful Assembly: Telangana HC

The Telangana High Court has recently reduced the sentence of a few of the accused of an unlawful assembly who were convicted of an offense under section 302 of the IPC. The court held that the prosecution failed to prove the 'common object' amongst the mob and in such a situation, each individual is liable for their own actions. “It cannot be said that all the accused gathered...

'Presumption That Woman Engages In Intimacy Only To Marry Is Patriarchal': Orissa HC Questions Criminalising Sex On False Promise Of Marriage

The Orissa High Court has questioned the underlying presumption behind criminalisation of sex on 'false promise of marriage' and held that the assumption that a woman engages in acts of intimacy with a man only as a 'prelude' to marriage is a patriarchal thought and not a principle of justice. In a powerful observation against putting fetters on female sexuality and bodily autonomy,...

Designated Committee Under Sabka Vishwas Scheme May Reject Application For Compounding Tax Over Bogus Documents: Telangana High Court

A division bench of the Andhra Pradesh High Court has dismissed a writ petition filed by M/s Diwakar Road Lines challenging the rejection of an application to compound all previous service tax by way of a one-time settlement. The bench held that even though the statute does not prescribe for the rejection of any application, the committee may reject an application when the documents...

'Failure Of Love Not A Crime': Orissa HC Quashes Rape Charges Against Man Accused Of Sex On False Promise Of Marriage

The Orissa High Court has quashed rape charges against a man who was accused of having repeated sex with a woman/complainant stretching over a period of about nine years on false promise of marriage. The Single Bench of Dr. Justice Sanjeeb Kumar Panigrahi said that non-culmination of the relationship into marriage may be a source of personal grievance but not a crime and...

Suit Seeking Declaration Of Matrimonial Status Is To Be Adjudicated By Family Court: Karnataka High Court

The Karnataka High Court has held that a suit relating to the declaration of a matrimonial status of any person would be a suit falling within the scope of Section 7 of the Family Courts Act and the family court would have jurisdiction to adjudicate them. A division bench of Justice S Sunil Dutt Yadav and Justice Rajesh Rai K held thus while allowing an appeal filed by Arjun...

Delhi High Court Dismisses Challenge Against Arbitral Award Rejecting Counterclaim For Failure To Raise Timely Objections On Quality Of Goods

The Delhi High Court bench of Justice Manoj Kumar Ohri has upheld an Arbitral award stating that objections regarding the quality of goods must be raised within a reasonable time as per section 42 of the Sale of Goods Act, 1930. The court concurred with the decision of the Arbitral Tribunal that since the Petitioner failed to dispute the quality of supplies within a reasonable time,...

Preliminary Inquiry Is Mandatory Before Issuing Process When Accused Resides Beyond Territorial Jurisdiction Of Magistrate: J&K High Court

The Jammu and Kashmir High Court held that it is mandatory to conduct an inquiry before issuing process in a case where the accused is residing outside the jurisdiction of the magistrate court. The court held that in the present case, the Magistrate has not conducted any preliminary enquiry nor any investigation has been directed. The court held the impugned order as not sustainable...

Prepare Disaster Management Plan For Residential Areas Situated At River Banks: High Court To Haryana Govt

The Punjab & Haryana High Court has directed the Haryana Government to prepare a scientific disaster management plan for the residential areas situated at the river banks, observing that the Court is under a "constitutional duty to ensure the safety concerns."Justice Sureshwar Thakur and Justice Vikas Suri said, "A team of experts becoming deployed to prepare a scientific disaster...

Inter Cadre Transfer Can't Be Denied Solely Citing Shortage Of Officers: Delhi High Court Raps West Bengal Govt

The Delhi High Court has rapped the action of West Bengal government for refusing, in multiple cases, the prayer for inter cadre transfers (ICTs) on the ground of shortage of officers.A division bench comprising Justice C Hari Shankar and Justice Ajay Digpaul said:“The ground has been rejected in all the above cited cases, and there may be many more for all we know. Litigation is not fun...

Name In Board Examination Certificate Can Be Changed Only After Obtaining Decree From Civil Court: Allahabad High Court

The Allahabad High Court has held that name in board examination certificates can only be changed after obtaining a decree from a Civil Court regarding change in name. It held that mere reference to change in Aadhar card and PAN card is not sufficient for the Board to change the name of a person. The bench of Chief Justice Arun Bhansali and Justice Kshitij Shailendra...