Delhi High Court Weekly Round-Up: February 24 To March 02, 2025

Citations 2025 LiveLaw (Del) 220 to 2025 LiveLaw (Del) 253NOMINAL INDEXMohamed Shamiuddeen v. Commissioner Of Customs & Ors. 2025 LiveLaw (Del) 220 Moonshine Technology Private Limited vs. Ashok Kumar & Ors 2025 LiveLaw (Del) 221 THE REGENTS OF THE UNIVERSITY OF CALIFORNIA VS. CONTROLLER OF PATENTS 2025 LiveLaw (Del) 222 Abdul Rashid Sheikh v. NIA 2025 LiveLaw (Del)...

J&K High Court Introduces Updated Guidelines For Protection Of Vulnerable Witnesses, Emphasises Age-Appropriate Questioning & Video Testimony

The Chief Justice of the Jammu & Kashmir High Court has approved updated guidelines on how the testimony of protected witnesses should be recorded in court. The new rules aim to create a safer environment for witnesses who may feel intimidated while giving evidence in court.According to the notification issued by the Registrar General, these updated guidelines apply to children, people...

Industrial Disputes Act | Gujarat HC Quashes Order Referring Alleged Dispute Between Company & Foreign Personal Assistant To Labour Court

Quashing an order referring to the labour court an alleged dispute between a company and a female foreign national employed as a personal assistant–who had also levelled rape allegations, the Gujarat High Court said that there was no application of mind regarding a "prima facie opinion" on if an industrial dispute existed. Observing that the assistant labour commissioner's order was...

S. 379 BNSS | Court Not Bound To Hold Preliminary Inquiry Before Making Or Refusing To Make Complaint: Orissa High Court

The Orissa High Court has held that it is not mandatory on the part of Court to hold a preliminary inquiry as provided under Section 379 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) into commission of offences referred to in Section 215, BNSS in order to make or reject to make complaint.While clarifying the procedural provision, the Single Bench of Justice Gourishankar Satapathy...

Long Term Consensual Physical Relationship Doesn't Mean Consent Was Purely Based On Promise To Marry: Delhi HC Sets Aside Rape Conviction

The Delhi High Court has recently said that if a consensual physical relationship continues for a long period, it cannot be said that the woman's consent was purely based on the promise to marry.Justice Jasmeet Singh observed that for convicting a person for the offence of rape on false pretext of marriage, there must be a clinching and clear evidence that physical relations were established...

Indiscriminate River Sand Mining Affects Drinking Water Supply: Karnataka High Court Asks State To Monitor Rivers Via Satellite Imagery

The Karnataka High Court has asked the State government to implement a system which could give real time feedback on any changes, which occur to river banks and or sand bars in the State of Karnataka.Justice Suraj Govindaraj has said “It is high time that the available technology is harnessed to address these kind of issues and the State of Karnataka implements a satellite based imagery...

78 Adjournments, No Substantial Trial: Gujarat High Court Grants Bail To NDPS Accused Citing Prolonged Incarceration

The Gujarat High Court recently granted regular bail to a man booked in a case under the NDPS Act after observing that while the trial had not progressed substantially, the matter had been adjourned almost 78 times leading to “prolonged incarceration” and "blink hope of a speedy trial" in the case. In doing so the high court further noted that there were many NDPS cases pending before...

Women Face Harassment In Public Even After Decades Of Independence, Real Empowerment Begins With Right To Move Freely: Delhi HC

The Delhi High Court has observed that even after decades of independence, women face harassment in public spaces and emphasised that real empowerment begins with the right to live and move freely without fear. “The facts of the present case reflect a deeply concerning reality—that even after decades of independence, women continue to face harassment in public spaces, including...

Banks Can Initiate Proceedings Under SARFAESI Act To Recover Loan If It Wasn't Party To Resolution Plan: Kerala High Court

The Kerala High Court bench of Justice Gopinath P. has held that a bank can initiate proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) to recover outstanding dues if it was not a party to the resolution plan approved under the Insolvency and Bankruptcy Code, 2016. The Court clarified that the bar...

SCN & Orders Not Containing Signature Of Proper Officer Cannot Sustain Judicial Scrutiny: Telangana High Court

The Telangana High Court stated that the show cause notices and the orders which are not pregnant with the signature of the Proper Officer cannot sustain judicial scrutiny. The Division Bench of Acting Chief Justice Sujoy Paul and Justice Renuka Yara observed that “since Rule and prescribed Forms mandate requirement of signature of Proper Officer, its violation makes...

[CGST ACT] Dept Can't Seize Goods If Quantity Or Weight Of Goods Is Found Correct On Physical Verification: Calcutta High Court

The Calcutta High Court stated that GST department cannot seize the goods if the quantity or weight of the goods is found correct on physical verification. The Division Bench of Chief Justice T.S Sivagnanam and Justice Hiranmay Bhattacharyya noted that the quantity or the weight of the goods, which were carried in the vehicle, has been found to be correct by the department on...

NDPS Act | Gujarat High Court Grants Bail To Man In Jail For Over 3 Years, Notes Only 2 Out Of 29 Witnesses Were Examined

The Gujarat High Court recently granted regular bail to an man booked under NDPS Act, in view of long incarnation of three and a half years and after noting that out of 29 witnesses only two had been examined where the trial court had not give any time bound schedule of the examination of such witnessesJustice Gita Gopi in her observed, “The report of the City Civil Judge, Special Court...