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.”
Justice Navin Chawla
Delhi HC lays down guidelines for enforcement of judicial orders after 13-year delay in securing convict’s custody
“The extraordinary delay of 13 years indicates the deficiencies in the post-conviction/bail follow up and lack of coordination amongst the Trial Court, Jail Administration and the Police. It portrays a serious systemic failure in ensuring enforcement of judicial orders. Such like episodes corrode the credibility of the Criminal Justice System.”
Independent satisfaction required for dismissal under Article 311(2)(b): Read Delhi HC ruling reinstating Deputy SP, CBI dismissed for illegal gratification
In the present case, a Deputy SP, CBI, was accused of demanding illegal gratification. He was placed under suspension, and disciplinary proceedings were initiated under Article 311(2)(b) of Constitution without a regular inquiry. Consequently, the Disciplinary Authority dismissed him from service.
Delhi High Court grants partial relief to Princeton University in trademark infringement case
“The infraction of the rights of the appellant can take place in various shapes like dilution of its mark, initial interest confusion, and actual confusion.”
Detailed overview of Delhi HC verdict denying bail to Sharjeel Imam, Umar Khalid and other co-accused in 2020 Anti-CAA Delhi Riots case
“The Courts have to remain alive to both the ends of spectrum, on one hand, safeguarding the liberty of an accused, while on the other, ensuring the right of the prosecution to establish its case. The assessment of grant or refusal of bail, therefore, is also guided by a judicious balance between these two considerations, so that the enforcement of criminal law is neither diluted nor diminished.”
Making derogatory and defamatory complaints to spouse’s employer amounts to cruelty: Delhi High Court
Marriage entails mutual respect and adjustment. Some parties take less time to adjust while the other takes longer time, but it is expected of both the parties to show due respect to each other. The foundation of a sound and healthy marriage is tolerance, adjustment and mutual respect.
Delhi High Court directs MP Govt to release retiral dues of late IAS officer who was repeatedly victimised even after death
“This case presents a sad and shocking state of affairs, a disturbing pattern wherein an officer was being repeatedly victimized, not only after his superannuation but also after his death.”
Delhi High Court: Forcible removal of minor child by parent to new place doesn’t make that place an ordinary residence
“While it is correct that for purposes of invoking jurisdiction under Section 9 of the Guardians and Wards Act, 1890, it is not necessary for the child to be a permanent resident of the place and even a temporary residence shall suffice, such temporary residence should not be illegal or forceful.”
‘Again, found negligent of the same offence’; Delhi HC upholds punishment of an employee for being repeatedly ‘lethargic and irresponsible on duty’
The Court stated that though it may be true that the petitioner cannot be present at the same time on the entire stretch of 3 kms, but, the criminals having carried out activities at 12 places without being noticed by the petitioner, clearly shows that he is not diligent in the performance of his duty and it is a case of gross dereliction thereof.
Delhi High Court quashes departmental proceedings against CRPF personnel while denying rejection of his request for voluntary retirement
The Court directed for the CRPF personnel to be considered as having proceeded on voluntary retirement w.e.f. 30-06-2021.
‘Union expected to be more careful while giving reasons to candidates for not being appointed’: Delhi High Court
‘Being careful while giving reasons to candidates for which they have not been appointed would help in avoiding such litigation which entails cost for candidates who may not be able to afford it.’
Disability suffered by Army personnel could be attributed to service conditions; Delhi HC refuses to interfere with AFT order
‘The Medical Board Proceedings acknowledged that the posting of the army personnel involved severe/exceptional stress and strain’
Delhi HC directs Union to grant retrospective seniority to CRPF Inspector who regained SHAPE-I Medical Category after being temporarily unfit
‘The Standing Order issued by the Director General, CRPF makes it evident that medical category SHAPE-I is an essential condition for promotion of all combatised personnel in all groups, ranks, and cadres in the Central Armed Police Forces.’
Manu Bhaker Interview row: Delhi High Court vacates interim order against Abhishek Baxi for removal of tweet on Rohan Dua
The tweet stemmed from an interview of Manu Bhaker conducted by Rohan Dua after she won two bronze medals at the Paris Olympics.
Why did Delhi HC refuse to grant ICAI ad interim injunction against Netflix for staying release of series ‘Tribhuvan Mishra CA Topper’?
“It is a series which appears to be more in the genre of comedy, and merely describes the main character as a topper in Chartered Accountancy Examination. It is neither intended nor can be perceived to be derogatory to the profession of Chartered Accountancy.”
‘Detailed analysis of evidence not carried out while framing charge’: Delhi HC upholds order directing framing of charges u/s 506, 509 and 34 of IPC
The Court stated that the only test to be applied at the stage of framing of the charge is whether there is sufficient cause made out by the prosecution to proceed against the accused.
Delhi High Court sets aside Punishment Ticket issued to Central Jail inmate for possessing 50 grams of tobacco
The Delhi High Court noted that there was a delay in forwarding the punishment inquiry to the Inspecting Judge, which contravened Rule 1273 of the Delhi Prison Rules, 2018.
Delhi High Court grants bail to accused for having a sexual relationship on the false pretext of marriage
Court said evidence shows a consensual relationship between two adults where promise to marry may not have been motivating factor for sexual relationship.