[Section 223 BNSS] Cognizance On ED Complaint Can't Be Taken Without Hearing Accused: Delhi High Court

The Delhi High Court has observed that special court cannot take cognizance of the complaint filed by Enforcement Directorate (ED) without giving opportunity of hearing to the accused.Justice Ravinder Dudeja set aside a special judge order dismissing the application of an accused in a PMLA case seeking a pre cognizance hearing in the money laundering case in terms of proviso to Section 223 of...

Delhi Judicial Services Rules | Waitlisted Candidate Can't Join Service Even If Appointed Candidate Resigns After Filling Of Vacancies: High Court

The Delhi High Court has held that in terms of the Delhi Judicial Services Rules 1970, if all the vacancies of judicial officers are initially filled and subsequently, an appointed judge resigns, then such vacancies are treated as fresh vacancies which cannot be filled by a candidate next-in-line in the waitlist.A division bench of Justices C. Hari Shankar and Om Prakash Shukla...

Consideration Paid To Foreign Company For Use Of Computer Software Not 'Royalty', No TDS Liability: Delhi High Court

The Delhi High Court has reiterated that consideration paid by an Indian entity to a foreign company for the resale/ use of their computer software is not 'royalty'.A division bench of Justices V. Kameswar Rao and Vinod Kumar thus held that the Indian entity is not liable to deduct TDS in such cases.The bench in this regard relied on Engineering Analysis Centre of Excellence Pvt. Ltd. v....

Continuing Physical Relations On Promise To Marry Despite Family's Caste-Objections Shows Dishonesty, Constitutes Rape: Delhi High Court

The Delhi High Court has observed that continuing physical relations with a woman knowing that the marriage is impossible, based on a false promise to marry from the inception, would constitute the offence of rape.“The accused's conduct of continuing physical relations over an extended period while knowing fully well that marriage was not possible in his family on account of...

Rape Victim's Refusal To Undergo Medical Exam Doesn't Affect Prosecution Case At Stage Of Framing Charges: Delhi High Court

The Delhi High Court has made it clear that where a rape survivor has given detailed accounts of the alleged sexual assaults by the accused, here mere refusal to undergo internal medical examination doesn't materially affect prosecution case at the stage of framing charges.Justice Swarana Kanta Sharma observed,“...even a conviction can rest solely on the testimony of the prosecutrix if it...

Choice To Marry Across Lines Of Faith Is Individual's Autonomy, Immune From External Veto: Delhi High Court

The Delhi High Court has observed that the choice to marry across lines of faith is the autonomy of the individual and is immune from external veto. “The choice to marry, especially across lines of faith, may test the resilience of social norms and familial expectations, yet in law, it remains a matter of personal liberty and individual autonomy, immune from any external veto,”...

Company Can Be Blacklisted From Future Tenders If Employee Files Forged Documents In Bid: Delhi High Court

The Delhi High Court has held that a company can be blacklisted from future tenders if its employee, authorised to submit the bid forges the documents submitted, irrespective of the company management's knowledge regarding such forgery.Justice Jyoti Singh thus upheld the suspension of an IT company by the New Delhi Municipal Council (NDMC), on finding that the Turnover Certificate submitted...

Family Disapproval Can't Curtail Autonomy Of Consenting Adults To Choose Life Partners: Delhi High Court

The Delhi High Court has recently ruled that family disapproval cannot curtail the autonomy of two consenting adults to choose life partners. “The right of two consenting adults to choose each other as life partners and to live together in peace is a facet of their personal liberty, privacy, and dignity protected under Article 21. Family disapproval cannot curtail that autonomy,”...

Compulsory Retirement Over Conviction 'Disproportionate' When Court Released Employee On Probation: Delhi High Court

The Delhi High Court has reinstated an Air Force Accounts Auditor who was compulsorily retired from service following his conviction for dowry harassment under Section 498A of IPC.A division bench of Justices Navin Chawla and Renu Bhatnagar found the punishment 'disproportionate' especially in light of the fact that the Petitioner-employee had been shown leniency by the criminal court...

Delhi High Court Flags Trend Of Using Children To Commit Crimes Like Drugs & Arms Distribution, Denies Anticipatory Bail To Accused

The Delhi High Court on Wednesday (August 13) denied anticipatory bail to a man accused of using a child for transporting 450 quarters of illicit liquor.In doing so, Justice Girish Kathpalia said,“Over a period of time, it is being observed that criminals use children to commit wide ranging crimes, involving not just liquor and drugs peddling but also arms/ammunitions and even acts of...

'Everybody Trying To Pass The Buck': High Court Questions Centre, Delhi Govt Over Regularization Of Colonies In Sainik Farms

The Delhi High Court on Wednesday (August 13) suggested the Central and Delhi governments to sit across the table and make an endeavour to address issues relating to regularization of alleged unauthorized constructions in the city's Sainik Farms area.During the hearing the court orally remarked that it appeared as though everybody was trying to pass the buck, wherein, and as it happens in...

'Are We Post Office?' Delhi High Court Rejects PIL Filed Against Illegal Establishments Without Awaiting MCD's Reply To Representation

The Delhi High Court on Wednesday (August 13) refused to entertain a PIL claiming "illegal establishments" were being run on certain land, after noting that the petitioner had filed the plea within 10 days of filing his representation with the MCD on July 23 without waiting for a response. A division bench of Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela was hearing a PIL...