Delhi HC: Ancestral property can be attached under PMLA if property represents value equivalent to proceeds of crime
“The plea of the property being ancestral does not ipso facto grants immunity from attachment under the PMLA.”
Delhi High Court
Link Addl. Sessions Judge competent to extend investigation period beyond 90 days under MCOCA; Delhi HC upholds rejection of default bail
The Court held that extension of the investigation period under the Maharashtra Control of Organised Crime Act, 1999, by a Link Judge, during the absence of the designated Special Judge, does not render custody illegal or entitle the accused to default bail.
Removal from service for tweeting/re-tweeting corruption allegations against employer, disproportionate: Delhi HC set asides penalty
Public dissemination of allegations by a PSU employee through social media may attract disciplinary consequences. However, where misconduct does not demonstrate corruption or moral turpitude, severance from service violates the doctrine of proportionality.
Trademark registration, Marketing agreement execution & e-commerce availability confers Territorial Jurisdiction in infringement suit: Delhi HC
“Once the infringing goods were available for sale, the tort of infringement, which predicates use of the infringed mark, or a mark which is deceptively similar thereto, for trade, stood committed.”
Subsequent refusal to marry due to Kundali mismatch despite prior assurances, raises doubts; Delhi HC denies bail in false promise of marriage case
“The contention that the marriage could not take place due to non-matching of kundalis appears inconsistent with his own conduct and representations made over the years. If the issue of kundali matching was indeed of such determinative importance for the applicant and his family, the same should have been resolved at the threshold before entering into physical relations.”
Succession certificate not mandatory for release of posthumous pension arrears where legal heirship is undisputed: Delhi HC
“In the absence of any rival or competing claims, and where the identity and entitlement of the legal heirs are clearly verified, the competent authority may release retiral benefits, pensionary dues, compensation.”
Medical bail cannot be curtailed without misuse of liberty; only actual custody counts for remand under S. 187 BNSS: Delhi High Court
The Court held that only the period of actual custody undergone by an accused can be considered while computing the permissible period for police custody or statutory bail, and the duration during which an accused remains on interim bail cannot be counted as detention.
Free consent can’t be retrospectively withdrawn to criminalise a failed consensual relationship: Delhi High Court
“Criminal law is meant to protect genuine victims of crime, not to rewrite the history of a relationship that was voluntarily entered into, publicly acknowledged, and sustained over several years.”
Mere act of charging high interest doesn’t amount to abetment to commit suicide: Delhi High Court
Although much emphasis is laid on the calls received by the deceased on the day of his death and the petitioner has sought to argue that the manner of demanding repayment constitutes as harassment, in the opinion of this Court, even if the allegations are taken at the highest, such incessant pestering still falls short of instigation.
Supreme Court dismisses Centre’s plea on Retrospective Honorarium to Law Researchers
“The question of law is kept open to be decided in an appropriate case.”
Delhi High Court Women Lawyers Forum hosts Public Debate on granting fathers a veto over abortion decisions
The DHC Women Lawyers Forum organised a public debate on granting fathers a veto over abortion decisions with legal luminaries arguing for and against the motion.
Delhi High Court grants bail to accused in NDPS case involving trafficking of psychotropic substances to USA
“No recovery of any contraband has been effected from the personal or conscious possession of the accused. The recoveries were made from the premises of third-party i.e. courier companies upon the disclosure statements of the co — accused”
DHCBA condemns ‘inhuman & brutal’ manhandling of advocate by Gurugram police
The Delhi High Court Bar Association condemned manhandling of Advocate Satyajeet Ganguly by Gurugram Police.
Delhi HC stresses on growing use of children in crime & as “weapons” to escape penal action; denies anticipatory bail
“Custodial interrogation of the accused/applicant is necessary in order to unearth if more children in similar fashion have been trafficked by the accused/applicant for being used in commission of crimes.”
Delhi High Court: State Gratuity Authorities lack inherent jurisdiction when establishment has branches in multiple States
“The fundamental error permeating both the impugned orders is the assumption that merely because the claimant worked or claimed to have worked in Delhi, the Controlling Authority appointed by the State Government and the Appellate Authority derived jurisdiction to adjudicate the dispute.”
Delhi HC protects Legitimate Expectation of Class XII 2025 Batch Students; holds retrospective withdrawal of additional subject facility by CBSE as arbitrary
“The petitioners acted in accordance with the existing Bye Laws and the consistent past practice of CBSE and, therefore, had a legitimate expectation that after passing Class XII examination on 13.05.2025 the right to appear as private candidates for the Additional Subject examination, would be available.”
Remuneration of Junior Resident Doctors qualifies as “salary” for EWS quota eligibility: Delhi HC upholds cancellation of AIIMS Doctor’s appointment
“The fact that the remuneration was reflected in the pay slips as ‘gross salary’, subjected to statutory tax deductions and reported through Form-16, fortifies the conclusion that the payment was compensatory in nature and not a scholarship granted solely to defray educational expenses.”
Mother’s role as primary caregiver doesn’t curtail her right to education and personal growth: Delhi HC permits mother to pursue higher education abroad
“The right to personal development is an integral facet of the right to life and personal liberty under Article 21 of the Constitution, and, therefore, any interpretation of ‘custody principles’ must be interpreted in a manner that not only respects and upholds this constitutional guarantee but also is in sync thereof.”
Whether a Non-Executive Director can be held vicariously liable under Section 141 NI Act? Delhi HC answers
“Mere bald cursory statement in a Complaint that the Director (arrayed as an accused) is in charge of and responsible to the company for the conduct of the business of the Company without anything more as to the role of the Director, is not sufficient.”
Delhi High Court protects Vivek Oberoi’s personality rights; Directs take down of AI generated deep fakes
“The copyright of the plaintiff over his own personality, which include, amongst others, his image, likeness, voice, name, signature, which are distinctive and exclusively associated with him, cannot, prima facie, be doubted at this stage.”