Delhi High Court
Omission To Act When Someone Else Commits An Offence In Furtherance Of Common Intention Attracts S.34 IPC; Presence Not Necessary: Delhi HC
The Delhi High Court has held that merely standing guard or omitting to act when someone else commits an offence in furtherance of their common intention would be sufficient to attract liability under Section 34 IPC.Justice Manoj Kumar Ohri observed,“Every person charged for an offence by invoking Section 34 IPC must participate in some form or other in the offence to make him liable....
Accused Seeks Quashing Of POCSO Case Saying Victim Would Face Social Stigma, Delhi High Court Imposes Rs. 10K Costs
The Delhi High Court has imposed Rs. 10,000 costs on an accused who sought quashing of a POCSO case registered against him on the ground that it was in the interest of the minor victim who would otherwise would face social stigma.Justice Girish Kathpalia refused to quash the FIR and rejected the accused's argument saying:“The stigma has to be, not on the victim of the wrong, but on...
Disability Attributable To Military Service; Burden To Rebut Lies On Employer : Delhi HC
A Division bench of the Delhi High Court comprising Justice C. Hari Shankar and Justice Om Prakash Shukla held that a member of the armed forces is presumed to be in sound health at the time of entry into service; therefore, if a disability such as Primary Hypertension arises during service and was not noted at entry, it is presumed to be attributable to or aggravated by...
Husband's Home Loan & Responsibility Towards Parents Can Be Considered While Determining Maintenance: Delhi High Court
The Delhi High Court on Friday, while reducing the quantum of maintenance granted to a man's wife and child, took into consideration his financial obligations like home loan and responsibility towards his parents.Justice Neena Bansal Krishna observed,“The maintenance amount must be determined in a balanced manner; it should be one that ensures adequate support for the wife and child, while...
Students Contesting DUSU Polls Need Not Deposit Rs. 1 Lakh Bond: Delhi High Court Clarifies
The Delhi High Court has clarified that the students contesting the Delhi University Students' Union (DUSU) Elections, 2025, need not deposit the bond of Rs. 1 lakh, which was imposed as a precondition by the varsity.“…it is clarified that the petitioners, or any other students intending to contest DUSU Elections, are not required to deposit any money, at the time of contesting...
Court Can Seek Mobile Location Of Spouse To Ascertain Adultery In Matrimonial Disputes: Delhi High Court
The Delhi High Court has held that to ascertain the allegations of adultery, Courts can call for mobile location records of the spouse and alleged paramour.A division bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar observed,“In matrimonial disputes where adultery is alleged, courts have consistently held that proof may often be circumstantial, and that evidence of...
Mandatory To Implead Alleged Paramour Of Spouse When Seeking Divorce On Grounds Of Adultery: Delhi High Court
The Delhi High Court has held that it is not only necessary but mandatory to implead the alleged paramour of one's spouse when seeking divorce on the ground of adultery.A division bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar observed,“The procedural framework governing such (divorce) petitions requires that full particulars of the alleged matrimonial offence (adultery)...
Working “For” An Organisation Cannot Be Equated With Working “In” It For Eligibility In Recruitment Process: Delhi High Court
The Delhi High Court has held that working 'for' an organization cannot be equated with working 'in' an organization”, and 'employment' and 'empanelment' are to be treated differently when interpreting recruitment rules.Justice Manoj Jain, while dealing the plea of an Assistant Director (Legal) in Bureau of Indian Standards, held,"Undoubtedly, the key words appearing in the advertisement...
Delhi High Court Reserves Order On Gautam Gambhir Foundation's Plea To Quash COVID Drugs Hoarding Case
The Delhi High Court on Friday reserved order on a plea filed by Indian cricket team head coach Gautam Gambhir, his foundation and its members seeking quashing of a case involving allegations of hoarding and unlicensed distribution of drugs during the second wave of COVID-19 pandemic.Justice Neena Bansal Krishna reserved the verdict after hearing Advocate Jai Anant Dehadrai appearing for...
Delhi High Court Blocks Fraudulent Websites Collecting Money Under 'Burger King' Trademark
The Delhi High Court has observed that the illegal use of “Burger King” trademark or collecting money under the name of the American multinational fast food restaurant chain is not permitted. Justice Prathiba M Singh ordered suspension of three domain names, two email addresses and directed blocking of three websites engaged in committing fraud by collecting money using Burger King's name...
Matrimonial Dispute Is No Grounds To Deny Family Pension To Wife Upon Husband's Death: Delhi High Court
The Delhi High Court has made it clear that a wife cannot be denied family pension upon her husband's death, merely because they had an ongoing matrimonial dispute.A division bench of Justices Navin Chawla and Madhu Jain observed,“The very fact that the petitioner had filed an application seeking maintenance from the deceased, shows that there were some matrimonial disputes between...