delhi high court
Case BriefsHigh Courts

In the matters of Guardianship and Custody, the dilemma is that the logic may say that the child must be in the custody of his father, but the circumstances and the intelligent preference of the child point out that it is not in the interest and welfare of the child to uproot him from the family where he has been happily entrenched since the age of 1½ years.

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delhi high court
Case BriefsHigh Courts

While considering matters involving sexual offences, a Court must be mindful that the incidents of sexual violence have adverse effects on the overall growth and development of the said human being, thus it is in the interest of justice and society at large that proceedings are handled with due care and precaution, especially when the Court is dealing with an application for releasing the accused on bail.

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delhi high court
Case BriefsHigh Courts

The applicant behind bars will be violative of Article 21 as the status of the applicant is merely that of a suspect till the outcome of the proceedings emanating therefrom as the applicant is innocent till proven guilty.

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bombay high court
Case BriefsHigh Courts

Bombay High Court observed that the ship was guarded by the applicant on the guidance of Board of Trustees of the Port of Mumbai and there is no reason why the Official Liquidator shall later drag its feet in disbursing the amount as per the invoice which has been already declared genuine.

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delhi high court
Case BriefsHigh Courts

“This is a case that clamours for the exercise of judicial conscience to address the conundrum of whether an individual’s right to recover arrears in maintenance subsists even after the expiry of the period stipulated in section 125(3) CrPC.”

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delhi high court
Case BriefsHigh Courts

A party cannot simply raise an objection on the ground of patent illegality if the Award is against them. Patent illegality requires a distinct transgression of law, the clear lack of which makes the petition a pointless effort of objection towards an Award passed by a competent Arbitral Tribunal.

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delhi high court
Case BriefsHigh Courts

Section 34 of the Arbitration Act is a clear and unequivocal embodiment of the Legislature‘s intent to balance the competing facets of arbitration, I.e., on one hand, while courts are enjoined to follow the minimalist intervention route, it would clearly be a travesty of justice if they were to fail to intervene where circumstances warrant, and demand corrective measures being adopted.

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delhi high court
Case BriefsHigh Courts

Settlement of non-compoundable offences through mediated settlement agreements is not permissible. Even otherwise, to permit the accused and complainant to compromise an offence on payment of money, in session triable serious criminal cases which attracts punishment up to life, cannot be subject matter of mediated settlement agreements.

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delhi high court
Case BriefsHigh Courts

The case relates as to how the statutory mandate under Section 11(13) of Arbitration and Conciliation Act, 1996 which aims at expeditious disposal of petitions under Section 11 of the Act, is harmonized with the obligation imposed vide the judgment N.N. Global Mercantile (P) Ltd. v. Indo Unique Flame Ltd, (2023) 7 SCC 1, to act in tune with the statutory dictate of the Indian Stamp Act, 1899.

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delhi high court
Case BriefsHigh Courts

Importation of gold is a prohibited item within the meaning of Section 2(33) of Customs Act, and that redemption in case of importation of gold that is brought into India illegally in the form of ‘smuggling' does not entitle the owner or importer for automatic release/redemption of such item.

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delhi high court
Case BriefsHigh Courts

Delhi High Court directed the MCD to ensure strict compliance with the statutory provisions under the Environmental laws and conclude action initiated by them against the violating units, units that are functional in non-industrial areas and are violating the norms laid down by Delhi Pollution Control Committee within a period of 4 months.

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delhi high court
Case BriefsHigh Courts

The challenge lies in harnessing the potential of rainwater harvesting systems and aligning sewer, drainage, and water storage systems to maximize the efficiency of rainwater utilization, regardless of the nature of the precipitation—be it excessive or intermittent.

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delhi high court
Case BriefsHigh Courts

Section 28 provides a window of five years from the relevant date within which proceedings under the said provision may be initiated. The proceedings so initiated are liable to be ended in accordance with the statutory timelines which stand out in sub-section (9).

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delhi high court
Case BriefsHigh Courts

The main grievance of the petitioner is non-compliance with rules made under the Prevention of Cruelty to Animal Act, 1960 i.e. The Animal Birth Control (Dog) Rules, 2001 that states taking up regular sterilization and immunization programmes of stray dogs, in order to curtail the growing population of stray dogs.

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delhi high court
Case BriefsHigh Courts

As per reports, the case relates to alleged wasteful expenditure of almost Rs 53 crore on the renovation of Chief Minister Arvind Kejriwal’s official residence.1

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delhi high court
Case BriefsHigh Courts

Under Article 226 of the Constitution of India, a writ cannot be issued against a Government- entity which has been subsequently privatized and no longer performs any public duty.

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delhi high court
Hot Off The PressNews

The new I.C.T. initiatives focused on accessibility will be a huge step forward in addressing the accessibility demands of the digital environment and will open the door for other Courts to follow suit.

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justice pv sanjay kumar
Know thy Judge

Justice PV Sanjay Kumar is a judge of the Supreme Court of India. He has formerly served as the Chief Justice of Manipur High Court and Judge of Punjab & Haryana High Court as well as Andhra Pradesh High Court.

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justice j b pardiwala
Know thy Judge

“Scrutiny of Judicial Process by Half Truth Knowledgeable is real danger to Rule of Law” — Justice J.B. Pardiwala at ‘2nd Justice

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delhi high court
Case BriefsHigh Courts

The MSMED Act, 2006 is a beneficial legislation for Micro, Small and Medium Enterprises and ought to be construed in a manner that is beneficial to such enterprises.

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