Delhi High Court
Earlier Buyer Can Seek Cancellation Of Later Sale; Subsequent Transactions Cannot Override Prior Rights: Delhi High Court
The Delhi High Court has held that a buyer under an earlier transaction is entitled to challenge and seek cancellation of a subsequent sale of the same property by the same seller, affirming that such later deals cannot override prior rights.Justice Mini Pushkarna in her 86-page judgment observed,“where two successive transfers of the same immovable property have been made, the one prior in time takes precedence in law over the transfer that is subsequent in time. The aforesaid provision...
CPC | Amendment Can't Be Used To Retract Admissions Conferring Rights On Opposite Party: Delhi High Court
The Delhi High Court has held that an amendment of pleadings cannot be permitted to retract clear admissions that confer valuable rights on the opposite party, thereby setting aside an order which had allowed a defendant to substantially alter his written statement after more than four years.A Division Bench of Justices Vivek Chaudhary and Renu Bhatnagar observed,“While the power of amendment is wide and courts ordinarily adopt a liberal approach, such discretion is circumscribed by certain...
"No Compensation Without Proof Of Bona Fide Travel": Delhi HC Dismisses Claim Despite Amputation Of Both Hands After Train Accident
The Delhi High Court has upheld the rejection of a railway accident compensation claim, holding that even the grievous injury of losing both hands cannot substitute proof of an “untoward incident” under the Railways Act, 1989.Justice Manoj Kumar Ohri dismissed an appeal filed against the order of the Railway Claims Tribunal, which had denied compensation to the claimant who suffered amputation of both hands below the elbow following an alleged fall from a train.According to the appellant, he had...
No Deemed Continuity Of Expired Driving Licence After 2019 MV Act Amendment: Delhi High Court
The Delhi High Court has clarified that there is no deemed continuity of a driving licence after its expiry under the Motor Vehicles (Amendment) Act, 2019, and that a licence holder becomes legally incompetent to drive from the very next day of expiry unless the licence is renewed.A Division Bench of Justices Navin Chawla and Madhu Jain made the observation while allowing a writ petition filed by the Delhi Police and setting aside an order of the Central Administrative Tribunal (CAT), which had...
Tenant Liable For Possession Through Family Members, Can't Evade Liability By Claiming Non-Residence: Delhi High Court
The Delhi High Court has held that a tenant cannot evade legal liability by claiming that he is not personally residing in the rented premises, holding that occupation by family members continues to constitute juridical possession of the tenant.Justice Neena Bansal Krishna observed,“When a tenant takes premises on rent for residence along with his family members, the possession of the...
Woman Gets 10-Year Jail For Facilitating Rape, Delhi High Court Cites Continued Criminal Conduct
The Delhi High Court has sentenced a woman to 10 years of rigorous imprisonment for facilitating the commission of rape, while emphasising her continued involvement in criminal activities as a key factor in denying leniency.Justice Chandrasekharan Sudha passed the order on sentence in an appeal filed by the State challenging her acquittal, holding that the convict had played an “active...
Delhi High Court Sets Aside Order Refusing To Entertain Writ Petition Against Passport Impounding, Cites Serious Civil Consequences
The Delhi High Court has set aside a Single Judge's order refusing to entertain a writ petition challenging the impounding of a passport, holding that the matter warranted consideration in exercise of jurisdiction under Article 226 of the Constitution.A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia relied on Whirlpool Corporation v. Registrar of Trade...
Absence Of Management Witnesses Doesn't Vitiate Banking Disciplinary Enquiry If Records Support Findings: Delhi High Court
The Delhi High Court has held that the absence of management witnesses in a banking disciplinary enquiry does not, by itself, vitiate the proceedings if the findings are supported by documentary records.Justice Sanjeev Narula made the observation while dealing with a challenge to disciplinary proceedings initiated by Punjab National Bank against a senior officer, who had been dismissed...
Delhi High Court To Pass Interim Order Protecting Personality Rights Of Actor Mohanlal
The Delhi High Court on Friday said that it will pass interim orders protecting the personality rights of Malayalam actor Mohanlal. Justice Jyoti Singh allowed the actor's application seeking to implead new defendants as party in the suit seeking protection of personality rights. This was after the Court had permitted the actor in the previous hearing to withdraw his interim application...
Objection To Territorial Jurisdiction Waived If Not Raised Before Framing Of Issues: Delhi High Court Sets Aside Return Of Plaint
The Delhi High Court has made it clear that an objection to territorial jurisdiction is deemed to be waived if it is not raised at the earliest stage, particularly before the framing of issues, setting aside a trial court order that had returned the plaint on such grounds.Justice Manoj Kumar Ohri thus allowed an appeal filed by the Plaintiff challenging an order passed under Order VII Rule...
Transfer | Bipolar Disorder Alone Doesn't Qualify Under Medical Disability Clause Without Benchmark Disability: Delhi High Court
The Delhi High Court, while upholding the transfer of a Kendriya Vidyalaya Sangathan (KVS) teacher, has held that bipolar disorder, in the absence of certification of benchmark disability, does not qualify under the medical disability clause of the applicable transfer policy.A Division Bench of Justices Anil Kshetarpal and Amit Mahajan thus dismissed a writ petition challenging the...
Delhi High Court Disposes PIL Against Judge-Led Mediation In Family Courts, Directs Petitioner To Approach Judges' Committee
The Delhi High Court has disposed of a public interest litigation (PIL) raising concerns over the practice of judges in Family Courts conducting in-chamber mediation and thereafter adjudicating the same disputes.A Division Bench of Chief Justice DK Upadhyaya and Justice Tejas Karia directed the Petitioner to approach the appropriate Committee of Judges dealing with Family Court...