Objection To Territorial Jurisdiction Waived If Not Raised Before Framing Of Issues: Delhi High Court Sets Aside Return Of Plaint

The Delhi High Court has made it clear that an objection to territorial jurisdiction is deemed to be waived if it is not raised at the earliest stage, particularly before the framing of issues, setting aside a trial court order that had returned the plaint on such grounds.Justice Manoj Kumar Ohri thus allowed an appeal filed by the Plaintiff challenging an order passed under Order VII Rule...

Transfer | Bipolar Disorder Alone Doesn't Qualify Under Medical Disability Clause Without Benchmark Disability: Delhi High Court

The Delhi High Court, while upholding the transfer of a Kendriya Vidyalaya Sangathan (KVS) teacher, has held that bipolar disorder, in the absence of certification of benchmark disability, does not qualify under the medical disability clause of the applicable transfer policy.A Division Bench of Justices Anil Kshetarpal and Amit Mahajan thus dismissed a writ petition challenging the...

Delhi High Court Disposes PIL Against Judge-Led Mediation In Family Courts, Directs Petitioner To Approach Judges' Committee

The Delhi High Court has disposed of a public interest litigation (PIL) raising concerns over the practice of judges in Family Courts conducting in-chamber mediation and thereafter adjudicating the same disputes.A Division Bench of Chief Justice DK Upadhyaya and Justice Tejas Karia directed the Petitioner to approach the appropriate Committee of Judges dealing with Family Court...

Delhi High Court Quashes Proclamation Order, LOC Against Australian Citizen, Says No Effort Made To Serve Accused Abroad

The Delhi High Court has quashed a proclamation order declaring an Australian citizen as a “proclaimed person” along with the Look-Out Circular (LOC) issued against him, holding that no proper effort was made to serve him while he was residing abroad.Justice Swarana Kanta Sharma observed, “despite having knowledge of the petitioner‟s residence abroad, no effort was made by...

Illegal Termination Doesn't Automatically Warrant Reinstatement Or Back Wages: Delhi High Court

The Delhi High Court has made it clear that a finding of illegal termination does not automatically entitle a workman to reinstatement or back wages.Justice Shail Jain thus refused to grant reinstatement and back wages to workmen illegally terminated by a proprietorship firm, citing lapse of time particularly when several workmen had already reached the age of superannuation and had...

Rising Property Prices Make Timelines Crucial In Property Deals: Delhi High Court Refuses To Order Specific Performance

The Delhi High Court, while refusing to grant specific performance of an alleged agreement to sell, observed that rising property prices make adherence to timelines crucial in property transactions.“The commercial reality governing the transactions relating to immovable property in metropolitan cities such as Delhi, where the property values are subject to steady and significant escalation,...

Magistrate Becomes Functus Officio After Accepting Cancellation Report, Can't Probe Police Lapses: Delhi High Court

The Delhi High Court has held that once a Magistrate accepts a cancellation or untraced report filed by the police, the court becomes functus officio and cannot thereafter proceed to examine alleged lapses in investigation or direct action against police officials.Justice Saurabh Banerjee thus allowed a batch of petitions filed by police officials challenging a series of orders passed by...

Delhi High Court Upholds Summoning Of Sanctioning Authority Before Charge Stage In Corruption Case

The Delhi High Court has upheld the summoning of the sanctioning authority at the pre-charge stage in a corruption case, holding that courts are not barred from examining the validity of sanction before the commencement of trial where the facts so warrant.Justice Amit Mahajan thus dismissed a petition filed by the State challenging an order of the Special Judge permitting the accused to...

Delhi High Court Passes Interim Order Protecting Personality Rights Of Gautam Gambhir

The Delhi High Court on Wednesday (March 25) passed an interim order protecting the personality rights Indian cricket team head coach Gautam Gambhir. Earlier, Gambhir withdrew his previous interim injunction application with liberty to file a fresh application with same cause of action with complete and better particulars. After hearing the parties and perusing the infringing links, Justice...

Delhi High Court Acquits Sonu Punjaban In Trafficking Case, Finds Prosecutrix's Testimony Unreliable

The Delhi High Court has set aside the conviction of Geeta Arora, popularly known as Sonu Punjaban, in a case involving allegations of trafficking and sexual exploitation of a minor, holding that the prosecution failed to establish its case beyond reasonable doubt due to serious inconsistencies in the testimony of the prosecutrix.Justice Chandrasekharan Sudha observed that while a conviction...

Delhi High Court Raps Litigant Seeking FIR Against Judge Over Alleged Forgery In Judicial Order

The Delhi High Court on Wednesday rapped a litigant who filed a writ petition seeking registration of FIR against a judicial officer over allegations of committing forgery in a judicial order. A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia also took exception to the litigant's conduct of uploading the video of proceedings on YouTube. The Court cautioned...

Alleged Disclosure Of Confidential Information May Be Contractual Breach, But Not Defamation: Delhi High Court

The Delhi High Court has held that allegations of disclosure of confidential business information by an employee, even if assumed to be true, would at best constitute a breach of contractual obligations and not amount to defamation in the absence of any defamatory imputation made to third parties.Justice Neena Bansal Krishna dismissed an appeal filed by a book company, which had challenged...