Post-Termination Restrictive Covenants In Employment Contracts Are Void U/S 27 Of Contract Act: Delhi High Court

The Delhi High Court bench of Justice Jasmeet Singh has held that post-service restrictive covenants in employment contracts, which operate after cessation of employment, are void and are not enforceable under Section 27 of the Indian Contract Act, 1872 (“Contract Act”) and violate Article 19(1)(g) of the Constitution. The court vacated the injunction granted in an...

Delhi High Court Directs Centre To Ask J&K Govt To Include 'Dragon Boat Racing' In Khelo India Water Sports Festival

The Delhi High Court has directed the Union Government to ask the Union Territory of Jammu and Kashmir to include “Dragon Boat Racing” as a competitive sport in the Khelo India Water Sports Festival, scheduled to be held from August 21-23 at Dal Lake, Srinagar. Justice Sachin Datta observed that the sport is internationally codified with established rules and Khelo India's guidelines do...

Merely Because Deceased Was Seen Crying Doesn't Prove She Was Harassed For Dowry: Delhi High Court In Dowry Death Case

While upholding discharge of a husband and his family members in a dowry death and cruelty case, the Delhi High Court has observed merely because the deceased was seen crying cannot per se make out any case of dowry harassment. Justice Neena Bansal Krishna said that the statements of the brother and sister of the deceased did not establish even prima facie that the deceased was being harassed...

[Section 223 BNSS] Cognizance On ED Complaint Can't Be Taken Without Hearing Accused: Delhi High Court

The Delhi High Court has observed that special court cannot take cognizance of the complaint filed by Enforcement Directorate (ED) without giving opportunity of hearing to the accused.Justice Ravinder Dudeja set aside a special judge order dismissing the application of an accused in a PMLA case seeking a pre cognizance hearing in the money laundering case in terms of proviso to Section 223 of...

Delhi Judicial Services Rules | Waitlisted Candidate Can't Join Service Even If Appointed Candidate Resigns After Filling Of Vacancies: High Court

The Delhi High Court has held that in terms of the Delhi Judicial Services Rules 1970, if all the vacancies of judicial officers are initially filled and subsequently, an appointed judge resigns, then such vacancies are treated as fresh vacancies which cannot be filled by a candidate next-in-line in the waitlist.A division bench of Justices C. Hari Shankar and Om Prakash Shukla...

Consideration Paid To Foreign Company For Use Of Computer Software Not 'Royalty', No TDS Liability: Delhi High Court

The Delhi High Court has reiterated that consideration paid by an Indian entity to a foreign company for the resale/ use of their computer software is not 'royalty'.A division bench of Justices V. Kameswar Rao and Vinod Kumar thus held that the Indian entity is not liable to deduct TDS in such cases.The bench in this regard relied on Engineering Analysis Centre of Excellence Pvt. Ltd. v....

Continuing Physical Relations On Promise To Marry Despite Family's Caste-Objections Shows Dishonesty, Constitutes Rape: Delhi High Court

The Delhi High Court has observed that continuing physical relations with a woman knowing that the marriage is impossible, based on a false promise to marry from the inception, would constitute the offence of rape.“The accused's conduct of continuing physical relations over an extended period while knowing fully well that marriage was not possible in his family on account of...

Rape Victim's Refusal To Undergo Medical Exam Doesn't Affect Prosecution Case At Stage Of Framing Charges: Delhi High Court

The Delhi High Court has made it clear that where a rape survivor has given detailed accounts of the alleged sexual assaults by the accused, here mere refusal to undergo internal medical examination doesn't materially affect prosecution case at the stage of framing charges.Justice Swarana Kanta Sharma observed,“...even a conviction can rest solely on the testimony of the prosecutrix if it...

Choice To Marry Across Lines Of Faith Is Individual's Autonomy, Immune From External Veto: Delhi High Court

The Delhi High Court has observed that the choice to marry across lines of faith is the autonomy of the individual and is immune from external veto. “The choice to marry, especially across lines of faith, may test the resilience of social norms and familial expectations, yet in law, it remains a matter of personal liberty and individual autonomy, immune from any external veto,”...

Company Can Be Blacklisted From Future Tenders If Employee Files Forged Documents In Bid: Delhi High Court

The Delhi High Court has held that a company can be blacklisted from future tenders if its employee, authorised to submit the bid forges the documents submitted, irrespective of the company management's knowledge regarding such forgery.Justice Jyoti Singh thus upheld the suspension of an IT company by the New Delhi Municipal Council (NDMC), on finding that the Turnover Certificate submitted...

Family Disapproval Can't Curtail Autonomy Of Consenting Adults To Choose Life Partners: Delhi High Court

The Delhi High Court has recently ruled that family disapproval cannot curtail the autonomy of two consenting adults to choose life partners. “The right of two consenting adults to choose each other as life partners and to live together in peace is a facet of their personal liberty, privacy, and dignity protected under Article 21. Family disapproval cannot curtail that autonomy,”...

Compulsory Retirement Over Conviction 'Disproportionate' When Court Released Employee On Probation: Delhi High Court

The Delhi High Court has reinstated an Air Force Accounts Auditor who was compulsorily retired from service following his conviction for dowry harassment under Section 498A of IPC.A division bench of Justices Navin Chawla and Renu Bhatnagar found the punishment 'disproportionate' especially in light of the fact that the Petitioner-employee had been shown leniency by the criminal court...