Daughter-In-Law's Right To Residence Under DV Act Can't Suspend In-Laws' Right To Live In Their Home Without Distress: Delhi High Court

The Delhi High Court has observed that when the residential rights of a daughter in law have been protected under the Domestic Violence Act, the right of senior citizens, being the in-laws, to live in their house without distress cannot be suspended indefinitely.“While the PWDV Act confers a vital and protective right of residence upon an aggrieved woman, it cannot be construed to extinguish...

'We Aren't Super Censor Boards, Do Proper Research': Delhi High Court Rejects Pleas Against CBFC Certification To 'The Taj Story' Film

The Delhi High Court on Thursday (October 30) refused to entertain two petitions filed challenging the certification given to “The Taj Story” film which is slated to be released on October 31. As the petitioners sought to withdraw the petitions, the court granted them liberty to approach the Central Government invoking its revisional jurisdiction under Section 6 of the Cinematograph...

Provision Of Recall U/S 311 CrPC Meant To Ensure Justice, Not Afford Repeated Opportunities To Indolent Litigant: Delhi High Court

The Delhi High Court has held that the provision to recall any person as a witness under Section 311 CrPC is meant to ensure justice, and is not a tool to delay proceedings in a criminal trial.Dr. Justice Swarana Kanta Sharma thus rejected the petition moved by a complainant in a cheque dishonour case, challenging closure of her opportunity for further cross-examination.The...

Delhi High Court To Hear Next Month Sameer Wankhede's Defamation Suit Against Netflix's 'Ba***ds of Bollywood' Directed By Aryan Khan

The Delhi High Court will hear next month IRS Officer Sameer Wankhede's defamation suit against production company Red Chillies Entertainment, OTT platform Netflix and others over his allegedly defamatory portrayal in the series “Ba***ds of Bollywood” directed by Aryan Khan.Justice Purushaindra Kumar Kaurav asked the parties to file their written submissions and listed the matter on...

Guilty Plea Cannot Override Bar On Double Jeopardy; Second Conviction For Same Offence Is Void: Delhi High Court

The Delhi High Court has held that a plea of guilt made by an accused does not efface the rule against double jeopardy and a Court cannot conduct second prosecution for the same offence, based on such a plea.Justice Sanjeev Narula observed,“A plea of guilt cannot confer jurisdiction. Once the bar under Section 300 CrPC or the rule against double jeopardy under Article 20(2) applies,...

Recovery From Premises Not In NDPS Accused's Possession Can't Be Attributed To Him Without Independent Witnesses: Delhi High Court

The Delhi High Court has ruled that recovery of a contraband cannot be attributed to an accused under the NDPS Act without any proof of possession or independent witnesses. “A recovery from a place where the possession of accused is not proved cannot be attributed to be a recovery from him. Moreover, no independent public witnesses were associated at the time of recovery to corroborate...

Delhi High Court Quashes Jamia Millia Islamia's Order Dissolving Jamia Teachers Association, Calls It Abrogation Of Fundamental Rights

The Delhi High Court has quashed two office orders and an advisory issued by Jamia Millia Islamia, dissolving the Jamia Teachers Association (JTA), an autonomous body of varsity teachers constituted in the year 1967 and administered through an Executive Committee elected by its members.Justice Sachin Datta found the varsity's action violative of JTA's fundamental right to self-governance...

Proceedings U/S 138 NI Act Are Not Sustainable For Dishonour Of Cheques Presented On Behalf Of Dissolved Company: Delhi High Court

The Delhi High Court has made it clear that a party cannot be sued under Section 138 of the Negotiable Instruments Act, 1881 for dishonor of cheques issued by it, if presented by a dissolved company.Justice Arun Monga observed,“Once a company is struck off and stands dissolved, it loses its juristic personality, rendering any act done on its behalf void ab initio unless the company is...

Delhi High Court Grants Bail To Law Graduate Accused In Mother's Murder, Cites Welfare Of Minor Child

The Delhi High Court has granted bail to a young law graduate booked for the murder of her mother, citing the welfare of her minor child.Justice Sanjeev Narula observed, “The Applicant is a young woman aged 28 years and a single mother to a minor child, who has reportedly been left in the care of her husband's relatives, as the husband is not attending to the child. Prolonged incarceration,...

Delhi High Court Sets Out Key Principles To Determine Maintenance, Calls For Reasoned Orders By Family Courts

The Delhi High Court on Wednesday set out the key principles to be followed while determining maintenance to the wife and child, while also calling for reasoned orders by Family and Mahila Courts in the national capital. Justice Swarana Kanta Sharma emphasised that orders granting interim maintenance in matrimonial cases must be based on a clear and reasoned assessment of income...

Delhi High Court Sentences Man To One Month Jail For Threatening Local Commissioner With Gun

The Delhi High Court on Wednesday sentenced a man to one month of simple imprisonment, along with Rs. 2,000 fine for threatening a Court appointment Local Commissioner with a pistol during execution of the commission. A division bench comprising Justice Prathiba M Singh and Justice Rajneesh Kumar Gupta held the man, Nitin Bansal, guilty of criminal contempt and disposed of the suo...

Delhi High Court Orders Retrospective Payment Of Enhanced Remuneration To Law Researchers With Effect From October 01, 2022

The Delhi High Court on Wednesday ordered retrospective payment of enhanced remuneration of Rs. 80,000 per month to its law researchers with effect from October 01, 2022. A division bench comprising Justice Prathiba M Singh and Justice Rajneesh Kumar Gupta disposed of a plea seeking to enhance the monthly remuneration of the High Court's law researchers from Rs. 65,000 to Rs. 80,000, along...