No Presumption Of Wife's Earning Capacity At Interim Maintenance Stage: Delhi High Court

The Delhi High Court has ruled that a wife cannot be presumed to be earning or being capable of maintaining herself while considering grant of interim maintenance to her by the husband. Justice Swarana Kanta Sharma said that a mere bald assertion by the husband that the wife is working and earning, without any proof to even prima facie support the said claim, cannot be of any help to him at the interim stage. The Court was dealing with a wife's plea challenging a family court order awarding Ra....

Use Of Condom, Time Gap Can Explain DNA Mismatch In Rape Cases: Delhi High Court

The Delhi High Court has held that absence of DNA matching in a rape case is not fatal to the prosecution when surrounding circumstances, including use of condom by the accused and delay in medical examination, reasonably explain such absence.Justice Neena Bansal Krishna thus dismissed the criminal appeal preferred by a man convicted for repeatedly raping a minor.The bench observed,“...pertinent piece of evidence was the FSL wherein the DNA of the Appellant, did not match that of the...

Delhi High Court Annual Digest 2025: Part III [Citations 901 - 1350]

Citations 2025 LiveLaw (Del) 901 to 2025 LiveLaw (Del) 1350Civil Courts Not Prohibited From Granting Anti-Arbitration Injunction In Foreign-Seated Arbitration If Proceedings Are Vexatious: Delhi HCCase Title: ENGINEERING PROJECTS (INDIA) LIMITED Versus MSA GLOBAL LLC (OMAN)Citation: 2025 LiveLaw (Del) 901The Delhi High Court bench of Justice Purushaindra Kumar Kaurav has held that Civil...

Presentation Of Security Cheque On Loan Default Not Criminal Breach Of Trust: Delhi High Court

The Delhi High Court has held that presentation of a security cheque by a bank upon default of loan repayment does not constitute the offence of criminal breach of trust under Section 409 IPC.Allowing the petitions filed by China Trust Commercial Bank (CTBC) and its officials, Justice Neena Bansal Krishna quashed the criminal proceedings initiated by a borrower's former...

MCOCA Can Be Invoked Against Syndicate Members Even Without Prior FIRs: Delhi High Court

The Delhi High Court has held that the provisions of the Maharashtra Control of Organised Crime Act (MCOCA) can be invoked against an accused alleged to be a member of an organised crime syndicate even if there are no prior FIRs or charge-sheets against such accused in her individual capacity.Justice Sanjeev Narula observed,“the statutory requirement of “more than one charge-sheet” in...

Married Woman Undergoing Abortion Due To Marital Discord Not An Offence If Done As Per MTP Act: Delhi High Court

Reaffirming reproductive autonomy of women, the Delhi High Court on Tuesday held that marital discord impacting mental health of a woman is a valid ground to seek abortion under the provisions of the Medical Termination of Pregnancy Act. “The right of exercise of reproductive choice, though is restricted by Medical Termination of Pregnancy Act, it also recognizes and protects her right to...

Accused Under NDPS Act Can't Be Declared Proclaimed Offender; Only 'Proclaimed Person' U/S 82 CrPC: Delhi High Court

The Delhi High Court has held that an accused booked under the Narcotic Drugs and Psychotropic Substances (NDPS) Act cannot be declared a “Proclaimed Offender” under Section 82 CrPC.Justice Neena Bansal Krishna reasoned that a person can be declared as a Proclaimed Offender only in respect of the offences specifically provided under Section 82(4) CrPC. For all other offences, the person...

Delhi High Court Stays Order Against Indian Firm Making Irrigation Valves In Patent Dispute With Israel Company

The Delhi High Court on Monday stayed an order that had restrained an Indian irrigation equipment maker from selling its “Hydromat Valve”, which was earlier held to prima facie infringe a patent owned by an Israel-based company. A Division Bench of Justice C Hari Shankar and Justice Om Prakash Shukla pronounced the judgment on January 5, 2026, while deciding an appeal filed by...

Minor Discrepancies In Counting Can't Discredit Seizure Of Fake Currency: Delhi High Court Allows CBI Appeal, Reverses Acquittal

The Delhi High Court has set aside the acquittal of an accused in a counterfeit currency case, holding that minor discrepancies in counting fake currency notes are not sufficient to discredit the prosecution case when the recovery and possession are otherwise proved beyond reasonable doubt.Allowing CBI's appeal, Justice Neena Bansal Krishna reversed the trial court's judgment which had...

Delay Due To Medical Review Can't Justify Ante-Dated Seniority Of BSF Candidates: Delhi High Court

The Delhi High Court Full Bench has held that candidates appointed to the Border Security Force (BSF) after a delay caused by medical re-examination are not entitled to claim seniority over batchmates who joined the service earlier, even if the delay was not attributable to them.A three-judge Bench comprising Justices C. Hari Shankar, Jyoti Singh and Ajay Digpaul thus settled the...

Delhi High Court Warns Against 'Chaos' If Witnesses Are Recalled Every Time Counsel Changes

The Delhi High Court has refused to recall a complainant for further cross-examination in a cheque bounce case, observing that permitting recall every time a party changes its lawyer would lead to “chaos” and cause unnecessary delay in trials.Justice Ravinder Dudeja observed,“The newly engaged counsel steps into the shoes of previous counsel and cannot agitate that more questions...

Delhi High Court Stays NHAI Termination Notice, Protecting Roadway Solutions' ₹104 Cr Bonds In Delhi-Mumbai Expressway Dispute

The Vacation Bench of the Delhi High Court presided over by Justice Madhu Jain restrained the National Highway Authority of India (NHAI) from acting on its Notice of Intention to Terminate (NITT) against Roadway Solutions India Infra Limited (RSIL) until the next hearing. The Court also protected the RSIL's insurance surety bonds of approx. Rs. 104 Crores from invocation.The petition was...