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 Ravinder Dudeja
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.”
Delhi High Court denies bail to husband in dowry death case over wife’s post-mortem injury and statutory presumption
Dowry deaths corode societal values, and perpetuate systemic oppression of women, cruelty culminating in the death of a young bride strikes at the collective conscience of society.
‘Article 21 encompasses right to observe one’s religious duties’: Delhi High Court grants custody parole in UAPA case
“The purpose of custody parole is to allow a prisoner to attend to pressing humanitarian or personal obligations such as funerals, last rites, or significant family functions, under strict supervision of the authorities. It is a temporary measure, humane in character, that ensures a balance between the interests of justice and human dignity.”
‘No embargo on production of Call Records/Location Charts if privacy of raiding team/police informers is undertaken’: Delhi High Court allows preservation in NDPS case
“If such data is not preserved, there is likelihood that the same may get lost and may not be available to the petitioner in support of his defense.”
Delhi High Court: Company must be a party for Directors to face prosecution
“Section 278B of the Income Tax Act, 1961 creates a deeming fiction whereby both the Company and every person in charge are deemed guilty of the offence. The legislative intent is clear that the Company must first be arraigned, only then can its officers be fastened with vicarious liability.”
Delhi High Court grants anticipatory bail to Ajaz Khan over sexually explicit remarks against Harsh Beniwal’s family
The audience may be influenced by the material posted by social medial influencers and thus even if the content is deleted after being posted, it would reach a large set of audience, leading to republishing of the same and sparking a debate, which eventually affects the victim.
Delhi Riots: Here’s why Delhi HC rejected accused Devangana Kalita’s plea for reconstruction of case diary but allowed for its preservation
The petitioner had contended that there was discrepancy in the page numbering of the case diary in which statements under Section 161 of the CrPC had been recorded thereby raising the doubt of ante-dating of the statements.
Delhi High Court denies bail to former promoter of Amtek Group Arvind Dham in approx. 27000 crore bank fraud case
The magnitude of the alleged fraud is staggering and has caused colossal losses to public sector banks. Such offences, if proved, undermine the very foundation of the nation’s financial system.
‘Such offences destroy public confidence in financial system’; Delhi HC denies bail to DHFL promoter Kapil Wadhawan in Rs 34,926 Crores bank fraud case
These acts which are alleged against Kapil Wadhawan, if proven, are not merely violations of penal statutes, but subvert the very integrity of financial institutions and investor confidence. Such economic offences are not private disputes, but public wrongs that corrode the nation’s economic fabric.
‘Not uncommon for husbands to suppress actual income’; Delhi HC allows wife to summon witnesses to prove husband’s concealed financial status
Matrimonial litigation, particularly where financial dependency and concealment are alleged, demands a sensitive and pragmatic approach. The documents and witnesses sought to be introduced by the wife are not collateral or immaterial but rather, directly affect determination of maintenance which is a matter of subsistence.
Complainant’s refusal to undergo medical exam despite alleging sexual assault weakens prosecution’s case: Delhi HC grants anticipatory bail to accused
The complainant, being a well-educated woman, preparing for Ph.D. entrance, cannot be considered a gullible or uninformed individual, and her conscious refusal to undergo medical examination despite the nature of allegations, is a relevant factor in the investigation.
Plaint must be considered alongside its relied documents to determine whether it discloses cause of action: Delhi HC
“The phrase “does not disclose the cause of action” must be very narrowly construed. The rejection of plaint at the threshold entails very serious consequences. This power must be exercised only in exceptional circumstances and when the Court is sure that plaintiff does not have any arguable case at all.”
Emotional/mental vulnerability due to depression, & other psychiatric problems to be considered in abetment of suicide cases; higher proof of instigation required: Delhi HC
“Every case of suicide does not amount to abetment and therefore, the Court has to see whether the conduct of the accused was such that a normal person, not merely a hypersensitive one, would have been driven to suicide.”
‘Faceless framework was established to reduce direct human interaction in assessments’; Delhi High Court dismisses petition to quash reassessment notices for being issued by JAO
‘The Legislature recognized that while strict procedural compliance is fundamental to maintain fairness in assessment process, an inflexible adherence to procedure could inadvertently lead to administrative bottlenecks and a surge in litigation.’
‘SC’s 2023 decision in Ashish Agarwal does not deprive assessee of the right to question initiation of reassessment based on S.149(1)’; Delhi HC quashes notice against Genpact India
‘Although Genpact had alluded to the amended statutory regime that had come into existence and had informed the AO of the obligation to follow the procedure under Section 148A, no legal challenge was instituted to impugn the action commenced by notice dated 30-06-2021.’
[Delhi Excise Liquor Policy] Delhi HC stays Trial Court’s order granting bail to Delhi Chief Minister Arvind Kejriwal
The Court stayed the bail granted to Kejriwal by the Trial Court on 20-06-2024, on the ground that the averments of ED and relevant materials were not appropriately appreciated.
[Delhi Excise Liquor Policy] Delhi HC reserves order on Arvind Kejwiral’s bail; Stays operation of Trial Court’s order granting bail
The order has been reserved for a detailed order in the matter, which will be pronounced in two to three days.