No Deemed Continuity Of Expired Driving Licence After 2019 MV Act Amendment: Delhi High Court

The Delhi High Court has clarified that there is no deemed continuity of a driving licence after its expiry under the Motor Vehicles (Amendment) Act, 2019, and that a licence holder becomes legally incompetent to drive from the very next day of expiry unless the licence is renewed.A Division Bench of Justices Navin Chawla and Madhu Jain made the observation while allowing a writ petition filed...

Tenant Liable For Possession Through Family Members, Can't Evade Liability By Claiming Non-Residence: Delhi High Court

The Delhi High Court has held that a tenant cannot evade legal liability by claiming that he is not personally residing in the rented premises, holding that occupation by family members continues to constitute juridical possession of the tenant.Justice Neena Bansal Krishna observed,“When a tenant takes premises on rent for residence along with his family members, the possession of the...

Woman Gets 10-Year Jail For Facilitating Rape, Delhi High Court Cites Continued Criminal Conduct

The Delhi High Court has sentenced a woman to 10 years of rigorous imprisonment for facilitating the commission of rape, while emphasising her continued involvement in criminal activities as a key factor in denying leniency.Justice Chandrasekharan Sudha passed the order on sentence in an appeal filed by the State challenging her acquittal, holding that the convict had played an “active...

Delhi High Court Sets Aside Order Refusing To Entertain Writ Petition Against Passport Impounding, Cites Serious Civil Consequences

The Delhi High Court has set aside a Single Judge's order refusing to entertain a writ petition challenging the impounding of a passport, holding that the matter warranted consideration in exercise of jurisdiction under Article 226 of the Constitution.A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia relied on Whirlpool Corporation v. Registrar of Trade...

Absence Of Management Witnesses Doesn't Vitiate Banking Disciplinary Enquiry If Records Support Findings: Delhi High Court

The Delhi High Court has held that the absence of management witnesses in a banking disciplinary enquiry does not, by itself, vitiate the proceedings if the findings are supported by documentary records.Justice Sanjeev Narula made the observation while dealing with a challenge to disciplinary proceedings initiated by Punjab National Bank against a senior officer, who had been dismissed...

Delhi High Court To Pass Interim Order Protecting Personality Rights Of Actor Mohanlal

The Delhi High Court on Friday said that it will pass interim orders protecting the personality rights of Malayalam actor Mohanlal. Justice Jyoti Singh allowed the actor's application seeking to implead new defendants as party in the suit seeking protection of personality rights. This was after the Court had permitted the actor in the previous hearing to withdraw his interim application...

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,...