Delhi High Court
Magistrate Order Summoning Accused Despite Cancellation Report Can Be Challenged In Revisional Jurisdiction: Delhi High Court
The Delhi High Court has ruled that an order passed by a Magistrate issuing process or summoning an accused, despite a cancellation report filed by the police, can be challenged in revisional jurisdiction before the sessions court or the High Court.“Thus, it can be concluded that an order of a Magistrate issuing process or summoning an accused under Sections 200 to 204 Cr.P.C. does not...
Delhi High Court Acquits Man In POCSO Case, Says Alleging 'Physical Relations' Without Evidence Doesn't Establish Rape
While acquitting a man in a POCSO case, the Delhi High Court has ruled that mere use of the term “physical relations” without supporting evidence is insufficient to establish rape or aggravated penetrative sexual assault. Justice Manoj Kumar Ohri said that it was an unfortunate case where the victim's parents repeatedly stated that “physical relations” were established however, there...
Courts Can Exempt Property From Doctrine Of Lis Pendens To Protect Genuine Owners From Vexatious Suits: Delhi High Court
The Delhi High Court has held that courts can exempt a property from the doctrine of lis pendens, to shield genuine owners from vexatious suits.The doctrine stems from Section 52 of the Transfer of Property Act 1882. It stipulates that any transfer of property during a pending lawsuit affecting that property is subject to the outcome of the lawsuit.A division bench of Justices Anil Kshetarpal...
Landlord Is Best Judge Of His Own Needs, Not Tenant Or Court: Delhi High Court
The Delhi High Court has observed that a landlord is the best judge of his needs, and cannot be thrusted with the opinion of the tenant or the Court.Justice Saurabh Banerjee said that once landlord establishes that the property wherefrom he is seeking eviction of the tenant is required bona fide by him, the issue of availability of alternative accommodation is merely incidental. “Moreover,...
Use Technology To Remove Misleading Content Violating Sadhguru's Personality Rights: Delhi High Court Tells Google
The Delhi High Court has asked Google LLC to make an endeavour to ensure that misleading and deepfake content infringing personality rights of Sadhguru Jaggi Vasudev, founder of Isha Foundation, is removed and taken down through its technology. Justice Manmeet Pritam Singh Arora directed Google and Sadhguru to have a mutual meeting, where the latter can specifically identify the...
"Insolvency Professionals Acting Like Scavengers Must Be Dealt With Severely": Delhi High Court Slams Practitioner's Misconduct
The Delhi High Court recently slammed the conduct of a senior insolvency professional, warning that such individuals must not become “predators” of companies already in financial distress. In a scathing judgment, the Court said professionals under the Insolvency and Bankruptcy Code (IBC) must uphold the highest ethical standards and 'even a single act of negligence' is sufficient for a disciplinary actionThe judgment, delivered by Justice Subramonium Prasad on September 9, contained strong...
'Public Money At Stake': Delhi High Court Restores Union Bank's Recovery Suit Despite 'Lethargic Approach', Imposes 25K Cost
The Delhi High Court has recently expressed dismay at the Union Bank of India over its “lethargic” approach in pursuing a loan recovery suit, leading to multiple adjournments and dismissal in default.However, it allowed the Bank's plea and agreed to restore the suit, considering the involvement of public money.“There is no explanation as to why the concerned law officer or the...
Wife Entitled To Reside In Shared Household Even If Husband Disowned By Parents: Delhi High Court
The Delhi High Court has observed that the wife residing in the house immediately after her marriage constitutes “shared household” under the Domestic Violence Act and is entitled to reside in the same despite the husband being disowned by his parents later. Justice Sanjeev Narula said that such a residence where she lives along with her husband and in-laws after marriage is a household...
Allegation Of Deliberately Enhancing Suit Valuation Insufficient For Case Transfer: Delhi High Court
The Delhi High Court has observed that merely because a party alleges that the other side deliberately enhanced the valuation of the suit to ensure that the mattwrs comes out of jurisdiction of the concerned court is not sufficient ground to allege bias and seek transfer.“Merely because one of the parties, in its pleadings (that too before a court other than the court where the subject suit...
No Coercive Action Against Protesters Opposing SC's Stray Dog Order: Delhi Police To High Court
The Delhi Police has informed the Delhi High Court that no coercive action will be taken against the individuals who protested and expressed dissent against the Supreme Court order directing the civic authorities to clear localities of stray dogs. The police told Justice Swarana Kanta Sharma that no coercive action is being contemplated against nine individuals against whom FIR was registered...
ED Can Treat Coal Block Allocation Obtained By Deceit As 'Property' Involved In Money Laundering: Delhi High Court
The Delhi High Court has held that coal block allocation obtained through misrepresentation or fraud leading to proceeds of crime amounts to an offence of money laundering under the PMLA.A division bench comprising Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar said that obtaining financial benefits in the form of profits earned from the extraction and sale of coal or through...