Delhi High Court
Family Courts Can’t Compel Parties To Take Divorce If Not Mutually Acceptable: Delhi High Court
The Delhi High Court has said that family courts cannot compel the parties to take divorce if not mutually acceptable and that their approach must be reconciliatory. A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna made the observation while dismissing a husband’s appeal against a family court order rejecting his contempt petition against the wife for not...
Filing SLP Before Supreme Court Constitutes ‘Special Circumstance’ Under Delhi Prison Rules For Granting Parole To Convict: High Court
The Delhi High Court has observed that filing a special leave petition (SLP) before the Supreme Court by a convict challenging the conviction constitutes a “special circumstance” for granting parole in terms of Rule 1211 of the Delhi Prison Rules, 2018. “…this Court is of the opinion that the bar contained in Rule 1211 of the Delhi Prison Rules is not absolute. The ground taken...
Family Courts Have To Be A Little Liberal, Stringent Test Applicable To Commercial Disputes Can’t Be Applied: Delhi High Court
The Delhi High Court has observed that family courts have to be a little liberal in family disputes and that the stringent test, as may be applicable to commercial disputes, cannot be applied in such cases. Dealing with a case where a family court closed a wife’s right to file her written statement in the divorce proceedings, Justice Navin Chawla said:“It is to be remembered that closing...
PMLA Does Not Postulate Separate ‘Reason To Believe’ For Each Property Attached Provisionally Under Section 5: Delhi High Court
The Delhi High Court has observed that the Prevention of Money Laundering Act, 2002, does not postulate a separate “reason to believe” for each property which stands attached under the provisional attachment order passed under Section 5(1) of the enactment. A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad made the observation while dismissing an...
Liquidated Damages Provided In The Agreement Cannot Be Awarded To A Party In Absence Of The Proof Of Actual Loss: Delhi High Court
The High Court of Delhi has held that the sum agreed by the parties as liquidated damages would not dispense with the requirement of proof by the party claiming liquidated damages that it actually suffered a loss. The bench of Justice Manoj Kumar Ohri held that a sum ascertained as liquidated damages in the contract is not in the nature of penalty, but is a pre-estimate of loss...
Whether The Arbitration Agreement Is Vitiated By Fraud Should Be Left To The Wisdom Of The Arbitrator: Delhi High Court Reiterates
The High Court of Delhi has reiterated that a question as to whether the arbitration agreement is vitiated by fraud should be left to the wisdom of the arbitrator who will be free to decide the same on the basis of the evidence and the Court exercising power under Section 11 of the A&C Act should not get into such a finding. The bench of Justice Rekha Palli held that merely because...
Live-In Relationship Between Married Individuals Not Criminal, Courts Can’t Impose Their Perception Of Morality On Adults: Delhi High Court
Observing that live-in relationship between two consenting married individuals has not been made criminal or legislated against, the Delhi High Court has said that courts cannot impose their perception of morality on individuals if such choices are not illegal or an offence. “The criminality in a case cannot depend upon appraisal by a judge of morality according to him. The objectivity of...
Married Woman Can't Prosecute For Rape On False Pretext Of Marriage: Delhi High Court
The Delhi High Court has ruled that a sexual relationship between two adults, who are legally married to other partners, cannot be considered an act for which legal protection is available.Justice Swarana Kanta Sharma said that an unmarried woman who is induced into a sexual relationship on the false pretext of marriage by someone, whom she believes to be legally eligible for marriage,...
Cost Accountants Not Similarly Placed As CAs, Preference To Chartered Accountants For Finance Director Post Not Arbitrary: Delhi High Court
The Delhi High Court has ruled that Cost Accountants cannot be treated at par with Chartered Accountants in matters of public employment. The court remarked that Cost Accountant and Chartered Accountant are not at all similarly placed and are governed by two independent statutes, and that it is for the employer to decide the qualifications for posts, keeping in view the nature of the job...
Delhi CM Residence Renovation: High Court Asks PWD Officials Facing Show Cause Notices To Approach Central Administrative Tribunal
The Delhi High Court on Thursday directed the six PWD officials to approach the Central Administrative Tribunal for challenging the show cause notices issued to them by Delhi Government’s Vigilance department over alleged gross violations of rules in renovation work undertaken at official residence of Chief Minister Arvind Kejriwal.A division bench comprising of Chief Justice Satish...
Delhi Govt Assures High Court To Minimize Unauthorised E-Rickshaws Plying On Routes Allotted To Gramin Sewa Operators
The Delhi Government has told the Delhi High Court that it will continue to take necessary steps to check and minimize plying of unauthorized stage carriages, including e-rickshaws, on the routes allotted to Gramin Sewa operators in the national capital. Taking note of the assurance, Justice Prateek Jalan disposed of two petitions moved by drivers and operators of Rural Transport Vehicles...
No Mosque, Graveyard Or Legitimate Delhi Waqf Board Properties To Be Demolished In Mehrauli Archaeological Park: DDA To High Court
The Delhi Development Authority has assured the Delhi High Court that no mosque, graveyard or legitimate properties owned by the Delhi Waqf Board will be demolished in Mehrauli Archaeological Park in the national capital. A division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula took the statement on record and bound the DDA to the same. Thus, the court disposed of...