Victims Of False Police Complaint Can Institute Proceedings U/S 211 IPC, Bar Under S.195 CrPC Won't Apply: Delhi High Court

The Delhi High Court has held that a private individual who is falsely accused in a police complaint can himself initiate proceedings against the accused under Section 211 IPC, without having to get the action initiated by the court.For context, Section 211 criminalises the act of instituting criminal proceedings on false charges, with intent to cause injury and with knowledge that there is...

Delhi High Court Suspends Sentence Of Woman Convict After 10 Years In Jail, Cites Welfare Of Her Three Minor Children

The Delhi High Court has suspended the life sentence of a woman, convicted for murder of her alleged paramour, citing concerns about the well being of her three children.While two children resided with her aged parents, her third two-years old child remained with her in prison.“Appellant is a lady and that her one child, who is barely two years old, is with her in the prison, and her...

Delhi High Court Enhances Compensation For Acquisition Of Lands Adjoining Yamuna River After 32 Years

The Delhi High Court recently enhanced the compensation for land acquisition payable with respect to flood-prone Kilokari, Nangli Razapur, Khizrabad and Garhi Mendu areas of the national capital.In doing so, Justice Tara Vitasta Ganju in her 171-page order observed that the potentiality of these areas has to be seen not from actual use but to what use they can be put in foreseeable...

Delhi High Court Allows Third Medical Exam Of UPSC Aspirant, Cites Large Disparity In Disability Assessed By Different Boards

The Delhi High Court has paved the way for a third medical examination of a UPSC aspirant, claiming to have more than 40% hearing disability, after a material difference emerged in the reports prepared by AIIMS and Army Hospital.While the aspirant contended that there is no stipulated procedure by which he could be subjected to a third medical examination, a division bench of Justices...

Questioning Husband's Legitimacy, Casting Aspersions On His Mother Amounts To Mental Cruelty: Delhi High Court

The Delhi High Court has held that questioning husband's legitimacy by calling him bastard and making reprehensible allegations against his mother constitute matrimonial cruelty, a ground for divorce.A division bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar thus upheld the divorce decree granted by the family court in favour of Respondent-husband.Appellant-wife had...

Does Section 498A IPC Apply To Same Sex Relationships? Delhi High Court To Consider

The Delhi High Court is set to consider whether the offence of cruelty punishable under Section 498A of Indian Penal Code, 1860, applies to same sex couples or relationships.Justice Sanjeev Narula issued notice on a plea filed by one Simmi Patwa, claiming that the provision cannot apply to same sex couples. The petitioner submits that the primary requirement to invoke Section 498A is that...

Delhi High Court Bars Lawyer From Appearing Online, Says Switching Off Video Citing Parallel Hearing Against VC Rules

The Delhi High Court has barred a woman lawyer from appearing before it through video conferencing, noting that she switched off her camera and muted herself citing parallel ongoing hearing which is against the VC Rules. Justice Tejas Karia passed the order and barred the lawyer from appearing before his court through VC henceforth. “….learned Counsel for Defendant Nos. 1 and 2,...

Reconstitute Advocates' Welfare Fund Trust Committee Expeditiously: High Court To Delhi Govt

The Delhi High Court has directed the Delhi Government to take steps to reconstitute the Committee of the Advocates' Welfare Fund Trust expeditiously. Justice Sachin Datta issued notice on a plea filed by wife of a lawyer seeking directions on the Bar Council of Delhi to forthwith release ex-gratia financial assistance from the Advocates' Welfare Fund to her husband to undergo...

Housewife Landlady Can Require Tenanted Premises For Husband's Welfare, Familial Duties: Delhi High Court

The Delhi High Court has observed that a landlord being the “housewife landlady” can require the tenanted premises from the tenant for husband's welfare and family duties, which would qualified as “bona fide requirement.”While dealing with an eviction plea matter, Justice Saurabh Banerjee said that the fact that the husband was elder and dependent on the landlady wife was sufficient...

Judge Can Seek Further Assistance Even After Reserving Judgment; Can't Be Forced To Pronounce Verdict: Delhi High Court

The Delhi High Court has observed that a judicial officer cannot be forced to pronounce a verdict without adequate clarity or assistance on the issue, whenever required. Emphasizing on independence of judiciary, Justice Arun Monga said that when a judge is of the mind that the judgment cannot be pronounced on the material available on record and further assistance is required for...

Right To Life Includes Observing Religious Duties, Personal Obligations: Delhi High Court In UAPA Case

The Delhi High Court has observed that the right to life under Article 21 of Constitution of India includes observing an individual's religious duties and personal obligations. “Article 21 of the Constitution guarantees the right to life and personal liberty, which encompasses within its ambit the right to live with human dignity and to observe one's religious duties and...

Friendship Not License To Repeatedly Rape Victim, Beat Her Mercilessly: Delhi High Court

The Delhi High Court has recently observed that friendship is not a license to an accused to rape the victim repeatedly and beat her mercilessly. Justice Swarana Kanta Sharma denied anticipatory bail to a man in a POCSO case and rejected his contention that it was a case of consensual relationship as he and the complainant were friends.“The contention on behalf of the applicant that...