Delhi High Court
Highly Qualified But Unemployed Wife Has Right To Be Maintained By Husband Till She Gets Gainful Employment: Delhi High Court
The Delhi High Court has observed that a highly qualified wife, who is unemployed, has a right to be supported and managed by the husband till the time she is able to get gainful employment or develop the source of income.Justice Neena Bansal Krishna rejected a husband's plea challenging a family court order directing him to pay Rs. 1 lakh ad-interim maintenance monthly to the wife. It was...
Trial Court Judges Must Pronounce Orders In Reserved Cases Within Two-Three Weeks After Transfer: Delhi High Court
The Delhi High Court has directed that all the judges in the trial courts in the national capital shall pronounce orders or judgments in the reserved cases within two or three weeks after their transfer and that the same will not be listed before the subsequent judge for rehearing. “The Presiding Officer shall remain duty bound to pronounce judgments/orders in all such matters on the...
Delhi High Court Grants Relief To 1993 Plane Hijacker In Plea Against Denial Of Premature Release
The Delhi High Court has granted relief to a man, convicted for hijacking an Indian Airlines flight in 1993, in his plea against the decision of the authorities denying him premature release.Justice Sanjeev Narula set aside the decision of the sentence review board (SRB) and remanded the matter back for fresh consideration, noting that the convict's conduct in jail indicated elements...
Give Written Note Of Surrender Date To Convict During Release On Parole, Furlough To Avoid Ambiguity: Delhi High Court To Jail Authorities
The Delhi High Court has directed the jail authorities in the national capital to ensure that a written note of date of surrender is handed over to the convict at the time of releasing him or her on parole or furlough after taking their acknowledgement to avoid any ambiguity.Justice Girish Kathpalia said that in various cases, it is seen that due to illiteracy and ignorance, the convict...
S.223 BNSS | Cognizance Can't Be Taken On Complaint Without Giving Notice To Accused: Delhi High Court
Comparing the provisions of Code of Criminal Procedure and Bharatiya Nagarik Suraksha Sanhita, the Delhi High Court has held that cognizance cannot be taken on a complaint before giving notice to the accused under the new law. “Thus, it may be concluded that Section 223 BNSS has reiterated the procedural framework of Section 200 Cr.P.C. with regard to examination of the Complainant and...
UAPA | Delhi High Court Refuses Default Bail To 'ISIS Member' Accused Of Procuring Arms, Radicalising Youth
The Delhi High Court yesterday denied default bail to a man accused of being an active member of the ISIS, procuring arms, ammunitions and explosives for the extremist armed group and radicalising impressionable youth.A division bench comprising Justice Subramonium Prasad and Justice Harish Vaidyanathan Shankar dismissed the appeal filed by Mohd. Rizwan Ashraf who was arrested in the UAPA case...
Mere Friendship Can't Give Liberty To Indulge In Sexual Intercourse Without Consent: Delhi High Court
The Delhi High Court has observed that mere friendship cannot give liberty to a boy to indulge in sexual intercourse with a girl without her consent.“….merely because a girl befriends a boy, the latter cannot be given liberty to indulge into sexual intercourse with her without her consent,” Justice Girish Kathpalia said. The Court made the observation while denying bail to a man in a...
Delhi High Court Seeks NIA's Response On MP Engineer Rashid's Plea Against Costs To Attend Parliament
Jammu and Kashmir MP Engineer Rashid on Friday moved the Delhi High Court challenging costs imposed by him by a trial court while granting him custody parole to attend the Parliament from July 24 to August 04.A division bench comprising Justice Vivek Chaudhary and Justice Shalinder Kaur issued notice in Rashid's plea and sought response of the National Investigation Agency (NIA).Senior...
Making Allegations Of Extra-Marital Affair In Complaints To Spouse's Employer Is 'Cruelty': Delhi High Court
The Delhi High Court has upheld a family court order dissolving the marriage of a couple on the grounds that the wife had subjected the husband to cruelty by making derogatory complaints to his employer.A division bench of Justices Navin Chawla and Renu Bhatnagar observed that marriage requires adjustment and parties may take a long time to adjust with each other but both husband and wife...
'Capability To Earn' & 'Actual Earnings' Are Separate Things: Delhi High Court Upholds Grant Of Maintenance To MBA-Qualified Wife
Stating that “capability to earn and actual earnings are two separate things”, the Delhi High Court recently upheld the grant of maintenance to an MBA-qualified wife.In doing so, a division bench of Justices Navin Chawla and Renu Bhatnagar observed that when the couple separated, their child was very young and in order to take care of the child, the wife may have left her job.“A wife...
Delhi High Court Asks Saket Gokhale, Lakshmi Puri To Settle Defamation Case, Says Courts Already 'Over Flooded'
The Delhi High Court on Thursday asked All India Trinamool Congress MP Saket Gokhale to settle the defamation case filed by former Indian Assistant Secretary-General to the United Nations, Lakshmi Puri, saying that the courts are already 'over flooded'. A division bench comprising Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar said that the parties may have a meeting to...
Right To Speedy Trial Cannot Be Diluted Merely Because Case Arises Under Special Enactment Like MCOCA: Delhi High Court
Reinforcing the principle of right to speedy trial, the Delhi High Court on Tuesday admitted on bail an accused under the stringent Maharashtra Control of Organized Crime Act 1999, citing prolonged incarceration of over 8 years.Justice Sanjeev Narula observed,“The right to a speedy trial, now firmly entrenched in our constitutional jurisprudence under Article 21 of the Constitution of India,...