Delhi High Court
Bank Transactions Alone Can't Be Treated As Husband's Monthly Disposable Income For Maintenance: Delhi High Court
The Delhi High Court has observed that bank transactions cannot automatically be treated as equivalent to monthly disposable income of the husband while determining maintenance to be awarded to a wife.Justice Madhu Jain made the observation while dismissing a wife's petition seeking enhancement of interim maintenance awarded to her by a Family Court.The Court clarified that maintenance cannot...
Every Insensitive Or Objectionable Act In Matrimonial Home Not Cruelty: Delhi High Court
The Delhi High Court has observed that every insensitive or objectionable act occurring within a matrimonial household does not, by itself, constitute cruelty under Section 498A of the Indian Penal Code (IPC).Justice Madhu Jain made the observation while dismissing a plea filed by a woman challenging a revisional court order discharging her in-laws from the offences under Sections 498A...
Delhi High Court Refuses To Stay Conviction Of Bihar MLA Raju Kumar Singh In Celebratory Firing Death Case
The Delhi High Court has refused to suspend the conviction of Bihar MLA Raju Kumar Singh, who was sentenced to four years' imprisonment for culpable homicide not amounting to murder, in a case related to the death of a woman during celebratory firing at a New Year's Eve party.Justice Manoj Jain said that a “surface-level analysis” of the matter did not show any manifest perversity...
Mere Possession Of Visa Does Not Give Foreigner Unconditional Right To Enter India: Delhi High Court
The Delhi High Court has observed that mere possession of visa does not give a foreign national an unconditional and absolute right to enter India.Justice Amit Mahajan observed that issuance of a visa or refusal of entry or granting clearance of immigration is a sovereign function of the State that is embedded in considerations of national security, foreign policy and...
Foreign Nationals Can Register Marriage Under Special Marriage Act If Other Conditions Met; Indian Citizenship Not Mandatory: Delhi High Court
The Delhi High Court has held that foreign nationals can register their marriage under the Special Marriage Act, 1954 (SMA) without being subjected to a requirement that one of the spouses must be an Indian citizen, provided they fulfil the other statutory and procedural requirements.A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia observed that the...
Bank's Fear That Borrower May Flee Country Can't Alone Justify LOC In Perpetuity: Delhi High Court
The Delhi High Court has held that a bank's apprehension that a borrower may flee the country or that its financial claim may be jeopardised cannot, by itself, justify the indefinite continuation of a Look Out Circular (LOC).Justice Amit Mahajan made the observation while quashing an LOC issued against one Rajat Gupta at the instance of Bank of Baroda in connection with a criminal case...
'Serious Situation': Delhi High Court Orders Police Protection To Mother Of Accused In Uttam Nagar Holi Violence
The Delhi High Court has directed the Delhi Police to provide protection to the mother of a man accused of killing 27-year old Tarun Butolia, in a violent clash during Holi celebrations at Uttam Nagar this year.Justice Girish Kathpalia said that whatever be the legal proceedings against the son which will take its own course as per law, the mother cannot be left vulnerable and prone to...
Plea In Delhi High Court Challenges Rejection Of Permission To Protest Against E20 Petrol Policy At Jantar Mantar
A plea has been filed before the Delhi High Court challenging the rejection of permission to hold a protest against the E20 petrol-ethanol blending policy at Jantar Mantar in the national capital.The matter was heard by Justice Amit Mahajan on September 29. The petitioners, Robin Michael and an another individual, had sought permission to hold a peaceful demonstration on October 02, from 10 AM...
Delhi High Court Stays DU Student's Rustication, Says Imposing Penalty Without Hearing Shows 'Dictatorial' Exercise
The Delhi High Court has observed that educational institutions cannot invoke their disciplinary authority to deny students the fundamental right to be heard while taking any action against them.Justice Jasmeet Singh emphasised that institutional autonomy does not confer unfettered or arbitrary powers.The Court observed that while educational institutions are entitled to maintain discipline...
Delhi High Court Seeks Appointment Records Of Bar Council Returning Officer In Plea Challenging BCD Election Schedule
The Delhi High Court has sought documents relating to the appointment and tenure of the Returning Officer conducting the upcoming election for the office-bearers of the Bar Council of Delhi (BCD), including its member representative to the Bar Council of India.Justice Saurabh Banerjee passed the order while dealing with a petition filed by lawyer Mehmood Pracha, challenging a notice issued...
Protection Under Senior Citizens Act Can't Deprive Daughter-In-Law Of Right To Reside In Matrimonial Home: Delhi High Court
The Delhi High Court has held that the protection available to senior citizens under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, cannot be used to defeat a daughter-in-law's right of residence in matrimonial or shared household under the Domestic Violence Act, 2005.“Right of a woman to secure a residence order in respect of a shared household cannot be defeated...
Senior Citizen Can Seek Daughter-In-Law's Eviction For Ill-Treatment Without Claiming Maintenance: Delhi High Court
The Delhi High Court has held that the proceedings for eviction under Rule 22(3)(1) of the Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 are independent of the proceedings for maintenance under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia held that...