Delhi High Court
Delhi High Court Warns Against Misuse Of Perjury Pleas To 'Arm-Twist' Opponents, Dismisses S.340 CrPC Application
The Delhi High Court has cautioned against the growing misuse of perjury proceedings, observing that applications under Section 340 CrPC are increasingly being filed to “arm-twist” opponents and delay trials, rather than to address genuine instances of false evidence.Justice Subramonium Prasad made the observation while dismissing an application seeking initiation of perjury proceedings against a defendant in a family property dispute.The case arose out of a suit for partition and rendition of...
Delhi High Court Acquits Life Convicts In Decade-Old Murder Case, Flags Unreliable Eyewitness
The Delhi High Court has set aside the conviction and life sentence of two men in a 2016 murder case, holding that the prosecution's case rested on an unreliable eyewitness whose testimony did not inspire confidence.A Division Bench of Justices Prathiba M. Singh and Madhu Jain allowed the appeals filed by the accused, who had been convicted under Sections 302/34 IPC and sentenced to life imprisonment by the trial court.The case pertained to the fatal shooting of one Vinay Singh in September 2016...
Guilt Can Be Established On Basis Of Preliminary Inquiry Statements Even If Key Witnesses Turn Hostile During Departmental Proceedings : Delhi HC
A Division Bench of the Delhi High Court comprising Justice Anil Kshetarpal and Justice Amit Mahajan held that in departmental proceedings, the guilt of an employee can be established on the basis of circumstantial evidence and initial statements made during a preliminary inquiry, even if the key witnesses subsequently turn hostile during the departmental enquiry. Background Facts The Petitioner was working as HC in Delhi Police. On 18.04.2020, he along with an associate detained two...
Earlier Buyer Can Seek Cancellation Of Later Sale; Subsequent Transactions Cannot Override Prior Rights: Delhi High Court
The Delhi High Court has held that a buyer under an earlier transaction is entitled to challenge and seek cancellation of a subsequent sale of the same property by the same seller, affirming that such later deals cannot override prior rights.Justice Mini Pushkarna in her 86-page judgment observed,“where two successive transfers of the same immovable property have been made, the one prior in time takes precedence in law over the transfer that is subsequent in time. The aforesaid provision...
CPC | Amendment Can't Be Used To Retract Admissions Conferring Rights On Opposite Party: Delhi High Court
The Delhi High Court has held that an amendment of pleadings cannot be permitted to retract clear admissions that confer valuable rights on the opposite party, thereby setting aside an order which had allowed a defendant to substantially alter his written statement after more than four years.A Division Bench of Justices Vivek Chaudhary and Renu Bhatnagar observed,“While the power of...
"No Compensation Without Proof Of Bona Fide Travel": Delhi HC Dismisses Claim Despite Amputation Of Both Hands After Train Accident
The Delhi High Court has upheld the rejection of a railway accident compensation claim, holding that even the grievous injury of losing both hands cannot substitute proof of an “untoward incident” under the Railways Act, 1989.Justice Manoj Kumar Ohri dismissed an appeal filed against the order of the Railway Claims Tribunal, which had denied compensation to the claimant who...
No Deemed Continuity Of Expired Driving Licence After 2019 MV Act Amendment: Delhi High Court
The Delhi High Court has clarified that there is no deemed continuity of a driving licence after its expiry under the Motor Vehicles (Amendment) Act, 2019, and that a licence holder becomes legally incompetent to drive from the very next day of expiry unless the licence is renewed.A Division Bench of Justices Navin Chawla and Madhu Jain made the observation while allowing a writ petition filed...
Tenant Liable For Possession Through Family Members, Can't Evade Liability By Claiming Non-Residence: Delhi High Court
The Delhi High Court has held that a tenant cannot evade legal liability by claiming that he is not personally residing in the rented premises, holding that occupation by family members continues to constitute juridical possession of the tenant.Justice Neena Bansal Krishna observed,“When a tenant takes premises on rent for residence along with his family members, the possession of the...
Woman Gets 10-Year Jail For Facilitating Rape, Delhi High Court Cites Continued Criminal Conduct
The Delhi High Court has sentenced a woman to 10 years of rigorous imprisonment for facilitating the commission of rape, while emphasising her continued involvement in criminal activities as a key factor in denying leniency.Justice Chandrasekharan Sudha passed the order on sentence in an appeal filed by the State challenging her acquittal, holding that the convict had played an “active...
Delhi High Court Sets Aside Order Refusing To Entertain Writ Petition Against Passport Impounding, Cites Serious Civil Consequences
The Delhi High Court has set aside a Single Judge's order refusing to entertain a writ petition challenging the impounding of a passport, holding that the matter warranted consideration in exercise of jurisdiction under Article 226 of the Constitution.A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia relied on Whirlpool Corporation v. Registrar of Trade...
Absence Of Management Witnesses Doesn't Vitiate Banking Disciplinary Enquiry If Records Support Findings: Delhi High Court
The Delhi High Court has held that the absence of management witnesses in a banking disciplinary enquiry does not, by itself, vitiate the proceedings if the findings are supported by documentary records.Justice Sanjeev Narula made the observation while dealing with a challenge to disciplinary proceedings initiated by Punjab National Bank against a senior officer, who had been dismissed...
Delhi High Court To Pass Interim Order Protecting Personality Rights Of Actor Mohanlal
The Delhi High Court on Friday said that it will pass interim orders protecting the personality rights of Malayalam actor Mohanlal. Justice Jyoti Singh allowed the actor's application seeking to implead new defendants as party in the suit seeking protection of personality rights. This was after the Court had permitted the actor in the previous hearing to withdraw his interim application...