Delhi High Court
Continuing Physical Relations On Promise To Marry Despite Family's Caste-Objections Shows Dishonesty, Constitutes Rape: Delhi High Court
The Delhi High Court has observed that continuing physical relations with a woman knowing that the marriage is impossible, based on a false promise to marry from the inception, would constitute the offence of rape.“The accused's conduct of continuing physical relations over an extended period while knowing fully well that marriage was not possible in his family on account of...
Rape Victim's Refusal To Undergo Medical Exam Doesn't Affect Prosecution Case At Stage Of Framing Charges: Delhi High Court
The Delhi High Court has made it clear that where a rape survivor has given detailed accounts of the alleged sexual assaults by the accused, here mere refusal to undergo internal medical examination doesn't materially affect prosecution case at the stage of framing charges.Justice Swarana Kanta Sharma observed,“...even a conviction can rest solely on the testimony of the prosecutrix if it...
Choice To Marry Across Lines Of Faith Is Individual's Autonomy, Immune From External Veto: Delhi High Court
The Delhi High Court has observed that the choice to marry across lines of faith is the autonomy of the individual and is immune from external veto. “The choice to marry, especially across lines of faith, may test the resilience of social norms and familial expectations, yet in law, it remains a matter of personal liberty and individual autonomy, immune from any external veto,”...
Company Can Be Blacklisted From Future Tenders If Employee Files Forged Documents In Bid: Delhi High Court
The Delhi High Court has held that a company can be blacklisted from future tenders if its employee, authorised to submit the bid forges the documents submitted, irrespective of the company management's knowledge regarding such forgery.Justice Jyoti Singh thus upheld the suspension of an IT company by the New Delhi Municipal Council (NDMC), on finding that the Turnover Certificate submitted...
Family Disapproval Can't Curtail Autonomy Of Consenting Adults To Choose Life Partners: Delhi High Court
The Delhi High Court has recently ruled that family disapproval cannot curtail the autonomy of two consenting adults to choose life partners. “The right of two consenting adults to choose each other as life partners and to live together in peace is a facet of their personal liberty, privacy, and dignity protected under Article 21. Family disapproval cannot curtail that autonomy,”...
Compulsory Retirement Over Conviction 'Disproportionate' When Court Released Employee On Probation: Delhi High Court
The Delhi High Court has reinstated an Air Force Accounts Auditor who was compulsorily retired from service following his conviction for dowry harassment under Section 498A of IPC.A division bench of Justices Navin Chawla and Renu Bhatnagar found the punishment 'disproportionate' especially in light of the fact that the Petitioner-employee had been shown leniency by the criminal court...
Delhi High Court Flags Trend Of Using Children To Commit Crimes Like Drugs & Arms Distribution, Denies Anticipatory Bail To Accused
The Delhi High Court on Wednesday (August 13) denied anticipatory bail to a man accused of using a child for transporting 450 quarters of illicit liquor.In doing so, Justice Girish Kathpalia said,“Over a period of time, it is being observed that criminals use children to commit wide ranging crimes, involving not just liquor and drugs peddling but also arms/ammunitions and even acts of...
'Everybody Trying To Pass The Buck': High Court Questions Centre, Delhi Govt Over Regularization Of Colonies In Sainik Farms
The Delhi High Court on Wednesday (August 13) suggested the Central and Delhi governments to sit across the table and make an endeavour to address issues relating to regularization of alleged unauthorized constructions in the city's Sainik Farms area.During the hearing the court orally remarked that it appeared as though everybody was trying to pass the buck, wherein, and as it happens in...
'Are We Post Office?' Delhi High Court Rejects PIL Filed Against Illegal Establishments Without Awaiting MCD's Reply To Representation
The Delhi High Court on Wednesday (August 13) refused to entertain a PIL claiming "illegal establishments" were being run on certain land, after noting that the petitioner had filed the plea within 10 days of filing his representation with the MCD on July 23 without waiting for a response. A division bench of Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela was hearing a PIL...
Delhi High Court Issues Notice On PIL Claiming Lack Of Sanitary Vending Machines In Toilets At Metro Stations
The Delhi High Court has issued notice on a PIL related to certain rights of women commuters in Delhi Metro including lack of access to sanitary vending machines at the toilets located in the metro stations. A division bench of Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela while issuing notice to the respondents said:"...the Concern raised in PIL is that toilets in Delhi metro...
Death Of Unnao Rape Victim's Father: CBI, Survivor Oppose Kuldeep Sengar's Plea Seeking Suspension Of Sentence On Medical Grounds
The Central Bureau of Investigation today opposed Kuldeep Singh Sengar's plea seeking suspension of his 10 years sentence in the custodial death case of Unnao rape victim's father, on grounds of his health.Special Public Prosecutor Ravi Sharma appearing for CBI informed Justice Ravinder Dudeja that a coordinate bench of the High Court had in June last year, refused to suspend the sentence vide...
'Entire Trial Was Concluded In Two Days': Delhi High Court Sets Aside 'Sham' Conviction Under Defacement Of Public Property Act
The Delhi High Court recently slammed a Magistrate Court for conducting a “sham” trial within two days, where the accused was neither aware of the charges, nor given an opportunity to defend himself and not even supplied a copy of the Judgment.Noting that the Petitioner-accused found out about his conviction and that he is released on probation only upon seeking renewal of his...