Magistrate Not Empowered To Take Recognisance Of Offence U/S 358 BNSS: Delhi High Court

The Delhi High Court has made it clear that Section 358 of the Bhartiya Nagarika Suraksha Sanhita (~319 CrPC) does not empower a Magistrate to take re-cognisance of an offence.Section 358 BNSS empowers the Court to issue a summons to any person who is not an accused, but appears to be guilty of an offence from the evidence.However, Justice Amit Mahajan has clarified that the provision can...

Plaintiff Has No Vested Right To File Replication Under CPC: Delhi High Court

The Delhi High Court has made it clear that filing of replication by a Plaintiff is only judicially sanctioned and is not a statutory right of the party.Replication, also known as rejoinder, is filed by the Plaintiff in response to the defendant's written statement in a civil suit— to clarify its stand or rebut the defendant's claims.Justice Girish Kathpalia held,“Civil Procedure Code...

Usage Of Disputed Trademark Even After Filing Of Challenge Would Cause Serious Confusion To Public: Delhi High Court

The Delhi High Court division bench of Justice Prathiba M. Singh and Justice Shail Jain, while hearing a Section 37(1)(b) appeal under the Arbitration Act, observed that using the subject brand names after a dispute between the parties can cause enormous confusion to the public. People may associate the Respondent's outlets with the Appellants. Factual Matrix: The parties...

Surprise Searches Can Be Conducted On Family's Lockers U/S 132 Of Income Tax Act Over Suspicion Of Undisclosed Assets: Delhi High Court

The Delhi High Court has upheld the surprise search and seizure conducted by the Income Tax Department at the private lockers maintained by a family at South Delhi Vaults, without issuance of prior notice or summons to them.The family claimed that failure to notify them was a flagrant violation of Section 132 of the Income Tax Act, 1961 which relates to 'Search and seizure'.Section...

Delhi High Court Monthly Digest: August 2025 [Citations 909 - 1049]

Citations 2025 LiveLaw (Del) 909 to 2025 LiveLaw (Del) 1049NOMINAL INDEXVikas Garg v. Zee Media Corporation Ltd & Ors. 2025 LiveLaw (Del) 909 RAJESH GAMBHIR v. STATE GNCT OF DELHI AND ANR 2025 LiveLaw (Del) 910 PJ v. PJ 2025 LiveLaw (Del) 911 MMTC LIMITED versus Ms. ANGLO-AMERICAN METALLURGICAL PTY LIMITED AND ORS. 2025 LiveLaw (Del) 912 RAMESH KUMAR JAYASWAL v. CBI 2025 LiveLaw...

Delhi High Court Grants Relief To National-Level Taekwondo Player In Alleged Gold Smuggling Case

The Delhi High Court has granted relief to a 19 year old, national-level taekwondo player, allegedly involved in gold smuggling at the instance of his coach, while returning to the country from a Championship in Thailand in 2022.A division bench of Justices Prathiba M. Singh and Shail Jain observed that the gold chain and silver coated ring was handed to the Petitioner, as well as other...

Delhi High Court Raps Wife For Roping Husband's Relatives In Matrimonial Dispute Sans Evidence, Quashes Summoning Order

The Delhi High Court has quashed a summoning order passed against a husband's distant relatives while rapping the wife for roping them in the matrimonial dispute, without any cogent evidence.Justice Arun Monga said that the belated addition or introduction of the relatives, who were the husband's cousin and uncles, without a shred of independent evidence, was nothing but the...

Delhi High Court Directs Customs Department To Set Up Passenger Grievance Counters At Delhi Airport

The Delhi High Court has asked the Commissioner of Customs at the IGI Airport to create some counters of the Department outside the airport's security zone, for easy access of aggrieved passengers.The direction was made by a division bench of Justices Prathiba M. Singh and Shail Jain after the Petitioner, a resident of Kuwait whose gold cut piece was seized by the Department, complained...

Delhi High Court Fines Woman For Dragging Aged In-Laws In Endless Litigation Despite Remarrying After Husband's Death

The Delhi High Court has fined a woman for dragging aged in-laws in Court through endless litigation even after the death of their son, all the while remarrying another man. Justice Arun Monga imposed costs of Rs. 50,000 on the woman for causing undue hardship to the in-laws and making them suffer the unnecessary litigation out of “sheer vengeance” and in blatant abuse of the...

BSF Act Empowers General Security Force Court To Try POCSO Offences: Delhi High Court

The Delhi High Court has recently ruled that the BSF Act empowers the General Security Force Court (GSFC) to try an offence under the POCSO Act.“Clearly, therefore, the BSF Act empowers the GSFC to try offences under the POCSO Act. These provisions, seen in conjunction with Section 42A of the POCSO Act, which saves the jurisdiction vested in other authorities under other statutes, defeats...

Wife Can Be Denied Maintenance Upon Failure To Produce Latest Salary Slips: Delhi High Court

The Delhi High Court has held that Courts can draw adverse inference of a wife's failure to produce her latest salary slips, in order to show insufficiency of income or financial hardship, to claim maintenance from husband.Justice Dr. Swarana Kanta Sharma observed,“As the primary ingredient for grant of maintenance to a wife under Section 125 Cr.P.C. – i.e. her inability to maintain...

Delhi High Court Declines Interim Injunction To 'WOW MOMO' In Trademark Infringement Suit Against 'WOW BURGER'

The Delhi High Court has refused to grant interim injunction in favour of “WOW MOMO”, an Indian quick-service restaurant chain, in its trademark infringement suit filed against a Hong Kong-based company “WOW BURGER.”Justice Manmeet Pritam Singh Arora said that Wow Momo was trying to appropriate or monopolise the use of the dictionary word 'WOW', which cannot be allowed, considering...