Delhi High Court
Wife Can Be Denied Maintenance Upon Failure To Produce Latest Salary Slips: Delhi High Court
The Delhi High Court has held that Courts can draw adverse inference of a wife's failure to produce her latest salary slips, in order to show insufficiency of income or financial hardship, to claim maintenance from husband.Justice Dr. Swarana Kanta Sharma observed,“As the primary ingredient for grant of maintenance to a wife under Section 125 Cr.P.C. – i.e. her inability to maintain...
Delhi High Court Declines Interim Injunction To 'WOW MOMO' In Trademark Infringement Suit Against 'WOW BURGER'
The Delhi High Court has refused to grant interim injunction in favour of “WOW MOMO”, an Indian quick-service restaurant chain, in its trademark infringement suit filed against a Hong Kong-based company “WOW BURGER.”Justice Manmeet Pritam Singh Arora said that Wow Momo was trying to appropriate or monopolise the use of the dictionary word 'WOW', which cannot be allowed, considering...
Sharp Decline In Husband's Declared Income Indicates Attempt To Understate Financial Capacity In Maintenance Cases: Delhi High Court
The Delhi High Court recently upheld a family court order taking into account two years old Income Tax Returns of a husband, an advocate by profession, to determine his financial capacity to pay maintenance to his wife.Justice Dr. Swarana Kanta Sharma observed that a “sharp decline” in husband's declared income after marital fallout, without any convincing explanation, indicated a...
Consenting Adults Can Be In Relationship Even If Either Person Is Married, Judges Can't Impose Personal Morality Or Outdated Views: Delhi HC
The Delhi High Court has observed that the relationship between two consenting adults, even when one is married, cannot be approached by Courts with an outdated lens, adding that judges cannot impose their personal morality upon such individuals. “If two adults, even though one may be married, decide to live together or to have a sexual relationship, they must also take responsibility for...
Allowing Retention Of Seized Property Without Strictly Following PMLA Undermines Purpose Of Procedural Safeguards: Delhi High Court
The Delhi High Court on Friday ruled that allowing retention of seized property without strict adherence to PMLA provisions would amount to a violation of the legislative mandate of the enactment and would undermine the very purpose of incorporating procedural safeguards therein.A division bench comprising Justice Subramonium Prasad and Justice Harish Vaidyanathan Shankar said that the...
No Law Providing For Rights Of Viable Foetus If Born Alive, Lawmakers Must Address Issue: Delhi High Court
The law must clearly delineate the balance between maternal autonomy and foetal rights at the stage of viability, the Delhi High Court observed on Friday.Justice Arun Monga observed that with the increasing number of cases seeking termination of pregnancy beyond the statutory limit, the question of foetal viability has assumed considerable importance in abortion jurisprudence.“The law...
Incorrectly Declaring Indian Goods As 'Made In China' Contrary To Public Interest: Delhi High Court Denies Relief In Customs Case
The Delhi High Court has held that misleading consumers about locally manufactured goods by labelling them as 'Made in China' or in some other foreign country is contrary to public interest.The bench was dealing with a Customs case whereby Petitioner's goods (mobile tempered glass) bearing 'Made in China' mark were seized by the Department in a raid.The Department had allowed provisional...
Debarment Order Can't Be Extended To Other Group Companies Without Individual Opportunity Of Hearing: Delhi High Court
The Delhi High Court has held that a debarment order issued by one entity cannot be extended to other group companies without any independent opportunity of hearing through a separate show cause notice.“The principles of natural justice do not contemplate a cascading penalty in the absence of reasoned determination by each entity proposing to inflict penalty,” Justice Sachin...
Delhi High Court Upholds Dental Council Regulation Mandating State Govt NOC For Establishing New Colleges
The Delhi High Court has upheld the vires of Clause 6(2)(e) of the Dental Council of India (Establishment of New Dental Colleges, Opening of New or Higher Course of Study or Training and increase of Admission Capacity in Dental Colleges) Regulations, 2006— which relates to permission for establishment of new dental college, new courses of study, etc.Significant to note that the Regulations...
Delay In Trial Cannot Itself Be Grounds For Bail In Grave Offences When Evidence Links Accused To Crime: Delhi High Court
The Delhi High Court has held that the right to speedy trial of an accused, though sacrosanct, cannot be stretched in cases where there is overwhelming evidence of guilt against the accused.“Delay in trial, though regrettable, is not by itself a ground for bail in cases involving grave and heinous offences, particularly where the evidence links the accused to the commission of the...
Not Mandatory For Two-Member Bench Of NCDRC To Be Comprised Of A Judicial Member: Delhi High Court
The Delhi High Court has ruled that it is not mandatory for a two member bench of National Consumer Disputes Redressal Commission (NCDRC) to necessarily comprise of a judicial member. “If a two-member Bench of National Commission finds legal complexity in matter or if they differ in opinion on any point, the matter can be referred in terms of Regulation 12 of Consumer Protection...
Upgradation Of Telecom Infrastructure For Better Connectivity Integral To Delhi Airport Metro Line: High Court
The Delhi High Court has emphasized that upgradation of telecom infrastructure is of paramount importance and is an integral part of the Delhi Airport Metro Express Line, a lifeline for Delhi travellers connecting IGI Airport to New Delhi Railway Station.Justice Sachin Datta however regretted that despite the passage of more than three years since the launch of 5G services, the company...