Delhi High Court
Release U/S 436A CrPC Not Automatic Even When Offence Does Not Entail Death Penalty: Delhi High Court
The Delhi High Court has made it clear that release on bail under Section 436A of CrPC is not automatic even where the offence alleged does not entail death penalty.For context, Section 436A CrPC prescribes the maximum period for which an undertrial prisoner can be detained. It states that an accused (not booked for offence prescribing death penalty as one of the punishments), who has...
S.156(3) CrPC | Magistrate Cannot Direct Police To Register FIR Under Drugs & Cosmetics Act: Delhi High Court
The Delhi High Court recently quashed a FIR under the Drugs and Cosmetics Act, 1940— lodged by the Police at the direction of a Magistrate under Section 156(3) CrPC.Justice Neena Bansal Krishna held that violations under the Drugs and Cosmetics Act fall within exclusive domain of the Drugs Inspector and cannot be probed by the Police.Reliance was placed on Union of India vs. Ashok Kumare...
After Delhi High Court Nudge, Customs Dept Finalises Amendments To Baggage Rules, Seeks Time For Infrastructure Upgrade
The Customs Department recently informed the Delhi High Court that the Draft Baggage Rules (amending Baggage Rules, 2016) have been finalized and are ready to be issued.A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta were further informed that the Department is awaiting upgradation of IT infrastructure, for effective implementation of the new rules.“Issuance of...
Delhi High Court Raps Rajasthan Police For Arresting Two Minors From Delhi Without Informing Local Police
The Delhi High Court today rapped the Rajasthan Police for arresting two minors from the national capital, without informing the Delhi Police.In Sandeep Kumar v. State (Govt. of NCT of Delhi) and Others, (2019), a division bench of the High Court had issued guidelines that must be followed by the police of one State, when they go to some other State or Union Territory, to effect an...
Divorced Wife Entitled to Maintenance Under Section 125 CrPC Irrespective Of Ground Or Manner Of Divorce: Delhi High Court
The Delhi High Court has observed that a divorced wife is entitled to maintenance under Section 125 or CrPC, it respective of the ground or the manner of divorce. “….it is pertinent to observe that once a wife is divorced, she is per se entitled to maintenance under Section 125 Cr.P.C irrespective of the ground or the manner in which the divorce is taken,” Justice Neena Bansal...
Delhi High Court Restrains Man From Using 'Barbie' Trademarks, Orders Removal Of References From Social Media
Granting relief to Mattel Inc, the Delhi High Court has restrained a man from using “Barbie” trademarks in relation to commercial kitchen equipment, event management and catering services. Justice Manmeet Pritam Singh Arora restrained Padum Borah from using marks like Barbie, Barbie One Stop Solution For Horeca & Foods Processing, Barbie Enterprises, Barbie Hospitality, Barbie...
Delhi High Court Restrains Rupa, Young Global & Professional Books From Selling 'Coat-Pocket' Constitution Edition 'Deceptively' Similar To EBC's
The Delhi High Court has restrained Rupa Publications, Professional Book Publishers and Young Global Publications from publishing or selling their 'coat pocket' edition of the Constitution of India bare act, in a trademark infringement suit filed by the Eastern Book Company (EBC).Justice Manmeet Pritam Singh Arora found the abovenamed publications' editions' trade dress to be deceptively...
Minor Not Labelling Sexual Acts As Forceful In Initial Statements Can't Exculpate Accused Under POCSO Act: Delhi High Court
The Delhi High Court has observed that the act of a minor victim not calling the sexual acts as forcible in her initial statements cannot exculpate the accused under the POCSO Act.While upholding the conviction of a 21 year old in a case of raping a 14 year old minor girl, Justice Sanjeev Narula said:“….even if the Prosecutrix did not characterise the sexual acts as forcible in her...
Penalty Can Be Imposed On Courier Agency For Not Reporting Suspicious Consignment To Customs: Delhi High Court
The Delhi High Court has held that the Commissioner of Customs can impose a penalty on a courier service which fails to report suspicious consignments being sent or received from abroad.A division bench comprising Justices Prathiba M. Singh and Shail Jain observed that courier agencies have a responsibility to ensure that whenever there are any suspicious courier packets being delivered or...
Delhi High Court Fines Litigants ₹50K For Casting 'Mythical' Aspersions Against Judge
The Delhi High Court has fined two litigants for filing a transfer petition by “making and cooking up an imaginary story” and casting aspersions based on “misleading and mythical” assertions on a sitting trial court judge. Justice Saurabh Banerjee took a serious objection to the filing of the petition and dismissed it with a costs of Rs. 50,000 to be deposited with the Delhi High...
Denial Of Parole To Perform Parent's Last Rites Violates Article 21: Delhi High Court
The Delhi High Court has observed that the right to perform last rites of a parent is an essential religious and moral duty and denial of parole in such a case violates a convict's right to dignity under Article 21 of the Constitution of India.Justice Ravinder Dudeja granted four weeks parole to a man convicted in a rape case registered in 2018. He was sentenced to undergo rigorous...
Indian Courts Not Barred From Executing Foreign Decree Pending Enforcement Abroad, Parallel Execution Is Permissible: Delhi High Court
The Delhi High Court has made it clear that parallel enforcement of a foreign decree is permissible under Section 44A CPC i.e., when the decree is being executed both in the cause country (where decree was passed) and in India.Section 44A(1) of CPC enables a foreign decree, rendered by a superior Court in a reciprocating territory, to be executed in India as if it were passed by a District...