Delhi High Court
Delhi High Court Raps Wife For Roping Husband's Relatives In Matrimonial Dispute Sans Evidence, Quashes Summoning Order
The Delhi High Court has quashed a summoning order passed against a husband's distant relatives while rapping the wife for roping them in the matrimonial dispute, without any cogent evidence.Justice Arun Monga said that the belated addition or introduction of the relatives, who were the husband's cousin and uncles, without a shred of independent evidence, was nothing but the...
Delhi High Court Directs Customs Department To Set Up Passenger Grievance Counters At Delhi Airport
The Delhi High Court has asked the Commissioner of Customs at the IGI Airport to create some counters of the Department outside the airport's security zone, for easy access of aggrieved passengers.The direction was made by a division bench of Justices Prathiba M. Singh and Shail Jain after the Petitioner, a resident of Kuwait whose gold cut piece was seized by the Department, complained...
Delhi High Court Fines Woman For Dragging Aged In-Laws In Endless Litigation Despite Remarrying After Husband's Death
The Delhi High Court has fined a woman for dragging aged in-laws in Court through endless litigation even after the death of their son, all the while remarrying another man. Justice Arun Monga imposed costs of Rs. 50,000 on the woman for causing undue hardship to the in-laws and making them suffer the unnecessary litigation out of “sheer vengeance” and in blatant abuse of the...
BSF Act Empowers General Security Force Court To Try POCSO Offences: Delhi High Court
The Delhi High Court has recently ruled that the BSF Act empowers the General Security Force Court (GSFC) to try an offence under the POCSO Act.“Clearly, therefore, the BSF Act empowers the GSFC to try offences under the POCSO Act. These provisions, seen in conjunction with Section 42A of the POCSO Act, which saves the jurisdiction vested in other authorities under other statutes, defeats...
Wife Can Be Denied Maintenance Upon Failure To Produce Latest Salary Slips: Delhi High Court
The Delhi High Court has held that Courts can draw adverse inference of a wife's failure to produce her latest salary slips, in order to show insufficiency of income or financial hardship, to claim maintenance from husband.Justice Dr. Swarana Kanta Sharma observed,“As the primary ingredient for grant of maintenance to a wife under Section 125 Cr.P.C. – i.e. her inability to maintain...
Delhi High Court Declines Interim Injunction To 'WOW MOMO' In Trademark Infringement Suit Against 'WOW BURGER'
The Delhi High Court has refused to grant interim injunction in favour of “WOW MOMO”, an Indian quick-service restaurant chain, in its trademark infringement suit filed against a Hong Kong-based company “WOW BURGER.”Justice Manmeet Pritam Singh Arora said that Wow Momo was trying to appropriate or monopolise the use of the dictionary word 'WOW', which cannot be allowed, considering...
Sharp Decline In Husband's Declared Income Indicates Attempt To Understate Financial Capacity In Maintenance Cases: Delhi High Court
The Delhi High Court recently upheld a family court order taking into account two years old Income Tax Returns of a husband, an advocate by profession, to determine his financial capacity to pay maintenance to his wife.Justice Dr. Swarana Kanta Sharma observed that a “sharp decline” in husband's declared income after marital fallout, without any convincing explanation, indicated a...
Consenting Adults Can Be In Relationship Even If Either Person Is Married, Judges Can't Impose Personal Morality Or Outdated Views: Delhi HC
The Delhi High Court has observed that the relationship between two consenting adults, even when one is married, cannot be approached by Courts with an outdated lens, adding that judges cannot impose their personal morality upon such individuals. “If two adults, even though one may be married, decide to live together or to have a sexual relationship, they must also take responsibility for...
Allowing Retention Of Seized Property Without Strictly Following PMLA Undermines Purpose Of Procedural Safeguards: Delhi High Court
The Delhi High Court on Friday ruled that allowing retention of seized property without strict adherence to PMLA provisions would amount to a violation of the legislative mandate of the enactment and would undermine the very purpose of incorporating procedural safeguards therein.A division bench comprising Justice Subramonium Prasad and Justice Harish Vaidyanathan Shankar said that the...
No Law Providing For Rights Of Viable Foetus If Born Alive, Lawmakers Must Address Issue: Delhi High Court
The law must clearly delineate the balance between maternal autonomy and foetal rights at the stage of viability, the Delhi High Court observed on Friday.Justice Arun Monga observed that with the increasing number of cases seeking termination of pregnancy beyond the statutory limit, the question of foetal viability has assumed considerable importance in abortion jurisprudence.“The law...
Incorrectly Declaring Indian Goods As 'Made In China' Contrary To Public Interest: Delhi High Court Denies Relief In Customs Case
The Delhi High Court has held that misleading consumers about locally manufactured goods by labelling them as 'Made in China' or in some other foreign country is contrary to public interest.The bench was dealing with a Customs case whereby Petitioner's goods (mobile tempered glass) bearing 'Made in China' mark were seized by the Department in a raid.The Department had allowed provisional...
Debarment Order Can't Be Extended To Other Group Companies Without Individual Opportunity Of Hearing: Delhi High Court
The Delhi High Court has held that a debarment order issued by one entity cannot be extended to other group companies without any independent opportunity of hearing through a separate show cause notice.“The principles of natural justice do not contemplate a cascading penalty in the absence of reasoned determination by each entity proposing to inflict penalty,” Justice Sachin...