Prosecution Must Prove Victim Was Below 16 Years For Rape Conviction In Cases Prior To 2013 Amendment: Delhi High Court

The Delhi High Court has ruled that the prosecution must prove that the minor rape victim was below the age of 16 years, for securing conviction of the accused in cases commencing prior to Criminal Law (Amendment) Act, 2013.While acquitting a man convicted for allegedly raping an 11 year old girl in 2005, Justice Swarana Kanta Sharma said:“It is important to remember that the alleged...

Criminal Prosecution Can't Continue After Exoneration In Departmental And Vigilance Inquiry: Delhi High Court

The Delhi High Court has held that criminal prosecution cannot continue when the departmental proceedings as well as the Vigilance inquiry have found no merit in the allegations against an individual.Justice Neena Bansal Krishna allowed the petitions filed by one Gurbachan Singh Matta challenging an FIR registered by the CBI (Bank Securities & Fraud Cell) and framing of corruption...

Legal Heirs Have Right To Seek Impleadment In Pending Appeals Under FEMA: Delhi High Court

The Delhi High Court has observed that legal heirs have right to seek Impleadment after the appellant's death in pending appeals under the Foreign Exchange Regulation Act, 1973, and the Foreign Exchange Management Act, 1999. “…the right to seek impleadment of legal heirs in such circumstances is not one that arises dehors the statute; rather, it is one that is expressly recognised...

Three New Judges Take Oath At Delhi High Court, Strength Rises To 44

Justice Dinesh Mehta, Justice Avneesh Jhingan and Justice Chandrasekharan Sudha took oath as judges of the Delhi High Court on Tuesday.The oath of office was administered to the new judges by Chief Justice Devendra Kumar Upadhyaya. After this development, the strength of judges at the Delhi High Court has risen to 44. The sanctioned strengthen of judges is 60.Justice Mehta and Justice...

Change Of POCSO Victim's Clothes Before Medical Examination Can't Weaken Prosecution Evidence: Delhi High Court

The Delhi High Court has observed that change of the clothes of a minor rape victim under the POCSO Act before her medical examination cannot weaken the prosecution evidence.“As regards the non-seizure of the bedsheet and the change of clothes by the mother prior to medical examination of the victim, this Court observes that such acts, by themselves, do not create a reasonable doubt about...

Cheques Issued Only For Security Purpose Not Encashable For Any Existing Debt: Delhi High Court

The Delhi High Court has observed that the cheques issued only for security purpose and not for depositing to the bank are not encashable for any existing debt or liability. “It is thus, held that the impugned cheques were security cheques given for a specific purpose and could not have been encashed for a liability which may have subsequently arisen,” Justice Neena Bansal Krishna said....

[S.452 Companies Act] 'Strict Liability' Of Employee To Return Company Property Once Employment Ends: Delhi High Court

The Delhi High Court has held that an employee is strictly liable under Section 452 of the Companies Act 2013 to return company property, at the end of his/ her employment.Section 452 provides that if an officer or employee of a Company having in his possession property including cash wrongfully withholds the same, is liable for punishment.“Section 452 of Companies Act, 2013 does not talk...

Delhi High Court Bars Actor Ravi Mohan's Studio From Using 'BRO CODE' Title For Its Upcoming Tamil Film

The Delhi High Court has granted an ad-interim injunction against actor Ravi Mohan's production house, preventing the use of the trademark 'BRO CODE' for the title of its upcoming Tamil film, following a suit by the makers of the alcoholic beverage 'BROCODE'The order comes after Indospirit Beverages Private Limited, a leading alcoholic and non-alcoholic beverage company, alleged that the...

Arbitrators Cannot Be Disqualified For Merely Participating In Prior Arbitration Involving Interpretation Of Similar Clause: Delhi High Court

The Delhi High Court dismissed a petition under section 34 of the Arbitration and Conciliation Act, 1996 (Act) filed by Steel Authority of India Limited (SAIL) against an arbitral award passed in favor of British Marine PLC.(Respondent). SAIL entered into Contract of Affreightment (COA) with the respondent for transportation of 3 million metric tonnes (±5%) of coking coal over five...

Police Can't Be Disbelieved Merely Because Narcotic Search, Seizure Isn't Videographed: Delhi High Court

The Delhi High Court on Monday ruled that the version of the police cannot be disbelieved merely because the search and seizure of narcotics under the NDPS Act is not videographed or photographed.Justice Ravinder Dudeja said that while use of technology enhances the efficacy and transparency of the police investigation, but it cannot be ignored that the tools for videography or photography...

DHCBA President Flags 'Frequent' Transfer Of Judges From Delhi High Court, Calls For Safeguarding Judicial Independence

Delhi High Court Bar Association (DHCBA) President, Senior Advocate N Hariharan on Monday flagged concerns over "frequent" judicial transfers in the recent times, while calling for a need to uphold judicial independence.Hariharan was speaking at the full court ceremony organized to bid farewell to Justice Arun Monga and Justice Tara Vitasta Ganju following their transfer to the Rajasthan...

Customs Housing Agent Can Be Made Liable For Wrongdoings Of Employees, Must Exercise Due Diligence: Delhi High Court

The Delhi High Court has made it clear that a Customs Housing Agent is responsible for the actions of its employees and it must exercise due diligence in supervising their activities.A division bench of Justices Prathiba M. Singh and Shail Jain further held that a CHA may be held accountable for the wrongdoings of its employee but, the punishment in that regard has to be...