Delhi High Court Weekly Round-Up: February 24 To March 02, 2025

Citations 2025 LiveLaw (Del) 220 to 2025 LiveLaw (Del) 253NOMINAL INDEXMohamed Shamiuddeen v. Commissioner Of Customs & Ors. 2025 LiveLaw (Del) 220 Moonshine Technology Private Limited vs. Ashok Kumar & Ors 2025 LiveLaw (Del) 221 THE REGENTS OF THE UNIVERSITY OF CALIFORNIA VS. CONTROLLER OF PATENTS 2025 LiveLaw (Del) 222 Abdul Rashid Sheikh v. NIA 2025 LiveLaw (Del)...

Long Term Consensual Physical Relationship Doesn't Mean Consent Was Purely Based On Promise To Marry: Delhi HC Sets Aside Rape Conviction

The Delhi High Court has recently said that if a consensual physical relationship continues for a long period, it cannot be said that the woman's consent was purely based on the promise to marry.Justice Jasmeet Singh observed that for convicting a person for the offence of rape on false pretext of marriage, there must be a clinching and clear evidence that physical relations were established...

Women Face Harassment In Public Even After Decades Of Independence, Real Empowerment Begins With Right To Move Freely: Delhi HC

The Delhi High Court has observed that even after decades of independence, women face harassment in public spaces and emphasised that real empowerment begins with the right to live and move freely without fear. “The facts of the present case reflect a deeply concerning reality—that even after decades of independence, women continue to face harassment in public spaces, including...

S.153C Income Tax Act | Two-Tier Satisfaction Of Assessing Officers Of Both Searched & Non-Searched Entity Needed Even Prior To 2015 Amendment: Delhi HC

The Delhi High Court has held that even though Section 153C of the Income Tax Act, 1961 did not in its original form prescribe two-tier satisfaction of Assessing Officers of both the searched and non-searched entity for initiating reassessment, the same cannot be deemed absent.Section 153C allows the Revenue department to proceed against a party other than the person who is being searched,...

Woman's Plea For Right To Shared Household Maintainable Even In Absence Of Domestic Violence: Delhi High Court

The Delhi High Court has observed that a woman's claim seeking right to shared household under Section 17 of the Protection of Women from Domestic Violence Act 2005 is valid even in the absence of domestic violence.Justice Neena Bansal Krishna thus ruled that an application/complaint under Section 12 of the Act before the Magistrate is maintainable even if there was no domestic violence.The...

Plaintiff Can't File Documents As Per Its Whims And Fancies At Any Stage Of Commercial Suit: Delhi High Court In Zee v. Saregama

The Delhi High Court has ruled that a plaintiff cannot be permitted to file documents as per its whims and fancies at any stage of a commercial suit.“The whole purpose of expeditious disposal of commercial suits would be frustrated if the parties are permitted to file additional documents at any stage of the suit,” Justice Amit Bansal said. The Court dismissed an application filed by...

Arbitral Award Not Signed By All Members Of Tribunal Can Be Set Aside If Reasons For Omission Of Missing Signature Are Not Stated: Delhi High Court

The Delhi High Court Bench of Justice Prateek Jalan has observed that the signature of all members of the arbitral tribunal should be available on the award as the signing of an award is not a ministerial act but a substantive requirement. It was further observed that if the signature of any member of the tribunal is omitted, then the reasons should be stated as this requirement...

Delhi HC Judges Recuse From Hearing Pleas Over Pay Commission Benefits After Lawyer Alleges They Are 'Choosing And Picking' Cases From List

Two judges of the Delhi High Court recused from hearing a batch of petitions concerning grant of benefits as per the Pay Commission recommendations, after one of the lawyers claimed that the division bench was “choosing and picking” cases to be heard. A division bench comprising Justice C Hari Shankar and Justice Ajay Digpaul called the situation “deeply disturbing” and said that...

Delhi High Court Upholds NHRC Order Directing Delhi Police Commissioner To Pay ₹50,000 Compensation To Doctor Over Non-Registration Of FIR

The Delhi High Court has upheld an order passed by the National Human Rights Commission (NHRC), which directed the Delhi Police Commissioner to pay compensation of Rs. 50,000 to a senior doctor for non-registration of an FIR.The brief facts of the case are that upon receiving a call from the doctor/respondent no. 2's clinic that certain miscreants had entered the area, the police reached...

[S.292B Income Tax Act] Inadvertent Mistakes In Reassessment Can Be Saved But Assessment Order Overlooking Apparent Error Cannot: Delhi HC

The Delhi High Court has made it clear that Section 292B of the Income Tax Act, 1961 cannot be used to save an assessment order passed by overlooking errors apparent on face of the record.The provision provides that no notice or assessment or any proceedings can be deemed to be invalid merely for the reason of any mistake, defect or omission in such notice, assessment or other...

'Flight Risk': ED Opposes Christian Michel's Bail In AgustaWestland Case; Delhi High Court Reserves Judgment

The Delhi High Court on Friday reserved judgment in the bail plea moved by British Arms Counsultant Christian James Michel in the money laundering case registered by Enforcement Directorate (ED) in connection with the Agusta Westland chopper scam case. “Reserved,” Justice Swarana Kanta Sharma said after hearing the counsels appearing for Michel as well as the central probe agency. The...

Enterprise Manufacturing Specified Items In Designated States Can Seek Tax Deduction U/S 80IC Income Tax Act Without Agreement With Govt: Delhi HC

The Delhi High Court has held that Section 80IC of the Income Tax Act, 1961, which contemplates tax incentives for enterprises operating in specific industries and locations in India, does not require such enterprises to enter into an agreement with the Government.In doing so, a division bench of Justices Yashwant Varma and Harish Vaidyanathan Shankar distinguished the provision from...