Delhi High Court
Courts In Exercise Of Judicial Review Cannot Supply 'Deeming Fiction' Missing From Tender Conditions: Delhi High Court
The Delhi High Court has held that courts cannot supply a “deeming fiction” absent from tender conditions, while examining eligibility disputes in public contracts. A division bench of Justices Anil Kshetarpal and Amit Mahajan clarified that when the tender does not contain any deeming provision by which a suspended, or abandoned work would be treated as a completed work merely because...
Repeated Brick Blows During Sudden Fight Between Intoxicated Friends Does Not Attract Murder Charges: Delhi High Court
In a case involving a drunken altercation between two friends over liquor payment, the Delhi High Court has converted murder conviction into culpable homicide not amounting to murder, holding that the incident occurred in the heat of passion without premeditation. A Division Bench of Justices Prathiba M. Singh and Madhu Jain held that the case would fall under Section 304 Part II IPC and...
“Requires Courage To Report Sexual Assault Even Today, What About 25 Yrs Back”: Delhi High Court On Omission In Survivor's Testimony
The Delhi High Court has observed that courts must remain conscious of the social stigma, fear of ostracisation and societal pressure faced by women while assessing their testimony in sexual assault cases, particularly that took place decades ago.Justice Vimal Kumar Yadav remarked that even today, reporting sexual assault requires considerable courage, “what to talk about 25 years...
Property Disputes Between In-Laws & Daughter-In-Law Not Within Exclusive Jurisdiction Of Family Court: Delhi High Court
The Delhi High Court has held that ownership disputes between in-laws and a daughter-in-law over a self-acquired property do not fall within the exclusive jurisdiction of Family Courts merely because the parties are related through marriage. Upholding dismissal of a plea seeking transfer of a mother-in-law's injunction suit to the Family Court, Justice Amit Sharma observed that proprietary...
Having Public Witnesses Who Turn Hostile May Do More Harm Than Good: Delhi High Court
The Delhi High Court has observed that while independent public witnesses lend credibility to criminal investigations, their absence is not always fatal to the prosecution case, particularly when the witnesses produced are otherwise truthful and reliable. Justice Vimal Kumar Yadav remarked that public witnesses often turn hostile, sometimes causing greater damage to the prosecution than...
Once Probate Is Granted, Will Need Not Be Proved Afresh Under Section 68 Of Evidence Act: Delhi High Court
The Delhi High Court has held that once probate is granted in respect of a Will, the document need not be proved afresh in subsequent civil proceedings under Section 68 of the Indian Evidence Act.Section 68 prescribes that if a document is required by law to be attested (like a Will or a Gift Deed), it cannot be used as evidence in court unless at least one attesting witness is called to...
Probation Of Offenders Act Inapplicable In Serious POCSO Offences Punishable With Life Imprisonment: Delhi High Court
The Delhi High Court has held that the benefit of probation cannot be granted in serious offences under the Protection of Children from Sexual Offences (POCSO) Act which are punishable with imprisonment for life.A division bench of Justices Navin Chawla and Ravinder Dudeja passed the ruling while hearing arguments on sentencing after convicting a man for offences under Sections 363, 366 and...
Contempt Action Against Politicians No Ground To Deregister Their Political Party: Delhi High Court On AAP
The Delhi High Court has observed that if politicians are found to have undermined the dignity, authority or majesty of the Court, the appropriate remedy lies under the Contempt of Courts Act, 1971, and such conduct cannot by itself become a ground for de-register of their political party under Section 29A(5) of the Representation of the People Act, 1951.A division bench comprising Chief...
Delhi High Court Grants 3 Days Interim Bail To Umar Khalid Ahead Of Mother's Surgery
The Delhi High Court on Friday granted three days interim bail to Umar Khalid in the UAPA case alleging larger conspiracy in commission of 2020 North East Delhi riots.A division bench comprising Justice Prathiba M Singh and Justice Madhu Jain ordered that he be released between June 01 till June 03, on strict conditions.Khalid had sought interim bail for 15 days for attending the Chehlum...
Delhi High Court Appoints Senior Advocate Rajdipa Behura As Amicus Curiae In Suo-Motu Contempt Case Against Arvind Kejriwal, AAP Leaders
The Delhi High Court has appointed senior advocate Rajdipa Behura as amicus curiae in the suo motu criminal contempt proceedings initiated against AAP leaders Arvind Kejriwal, Manish Sisodia, Sanjay Singh, Vinay Mishra, Durgesh Pathak and Saurabh Bharadwaj for their posts 'scandalizing' Justice Swarana Kanta Sharma.A division bench of Justice Navin Chawla and Justice Ravinder Dudeja had...
Delhi High Court Issues Notice To Journalist, AAP's Gopal Rai In Contempt Plea Over Posts Against Justice Swarana Kanta
The Delhi High Court on Friday issued notices to journalist Saurav Das and AAP leader Gopal Rai on a plea seeking contempt action against them for posting contemptuous content against Justice Swarana Kanta Sharma on social media.The plea filed by one Ashok Chaitanya had also sought against against Arvind Kejriwal and Saurabh Bhardwaj. However, the Court noted that they have already been...