Presentation Of Security Cheque On Loan Default Not Criminal Breach Of Trust: Delhi High Court

The Delhi High Court has held that presentation of a security cheque by a bank upon default of loan repayment does not constitute the offence of criminal breach of trust under Section 409 IPC.Allowing the petitions filed by China Trust Commercial Bank (CTBC) and its officials, Justice Neena Bansal Krishna quashed the criminal proceedings initiated by a borrower's former director, observing,“...there was no entrustment of property by the Complainant to the Petitioners (CTBC); rather the very fact...

MCOCA Can Be Invoked Against Syndicate Members Even Without Prior FIRs: Delhi High Court

The Delhi High Court has held that the provisions of the Maharashtra Control of Organised Crime Act (MCOCA) can be invoked against an accused alleged to be a member of an organised crime syndicate even if there are no prior FIRs or charge-sheets against such accused in her individual capacity.Justice Sanjeev Narula observed,“the statutory requirement of “more than one charge-sheet” in the preceding ten years…attaches to the organised crime syndicate and not to each individual alleged to be a...

Married Woman Undergoing Abortion Due To Marital Discord Not An Offence If Done As Per MTP Act: Delhi High Court

Reaffirming reproductive autonomy of women, the Delhi High Court on Tuesday held that marital discord impacting mental health of a woman is a valid ground to seek abortion under the provisions of the Medical Termination of Pregnancy Act. “The right of exercise of reproductive choice, though is restricted by Medical Termination of Pregnancy Act, it also recognizes and protects her right to say no to the pregnancy, if her mental or physical health is at stake,” Justice Neena Bansal Krishna held....

Accused Under NDPS Act Can't Be Declared Proclaimed Offender; Only 'Proclaimed Person' U/S 82 CrPC: Delhi High Court

The Delhi High Court has held that an accused booked under the Narcotic Drugs and Psychotropic Substances (NDPS) Act cannot be declared a “Proclaimed Offender” under Section 82 CrPC.Justice Neena Bansal Krishna reasoned that a person can be declared as a Proclaimed Offender only in respect of the offences specifically provided under Section 82(4) CrPC. For all other offences, the person can only be declared as a Proclaimed Person.Since offences under NDPS Act do not fall in the category of...

Delhi High Court Stays Order Against Indian Firm Making Irrigation Valves In Patent Dispute With Israel Company

The Delhi High Court on Monday stayed an order that had restrained an Indian irrigation equipment maker from selling its “Hydromat Valve”, which was earlier held to prima facie infringe a patent owned by an Israel-based company. A Division Bench of Justice C Hari Shankar and Justice Om Prakash Shukla pronounced the judgment on January 5, 2026, while deciding an appeal filed by Automat Irrigation.Staying the earlier order dated August 1, 2025 on a interim plea filed by Aquestia Limited, the...

Minor Discrepancies In Counting Can't Discredit Seizure Of Fake Currency: Delhi High Court Allows CBI Appeal, Reverses Acquittal

The Delhi High Court has set aside the acquittal of an accused in a counterfeit currency case, holding that minor discrepancies in counting fake currency notes are not sufficient to discredit the prosecution case when the recovery and possession are otherwise proved beyond reasonable doubt.Allowing CBI's appeal, Justice Neena Bansal Krishna reversed the trial court's judgment which had acquitted the Respondent-accused of the offence punishable under Section 489C of the IPC relating to possession...

Delay Due To Medical Review Can't Justify Ante-Dated Seniority Of BSF Candidates: Delhi High Court

The Delhi High Court Full Bench has held that candidates appointed to the Border Security Force (BSF) after a delay caused by medical re-examination are not entitled to claim seniority over batchmates who joined the service earlier, even if the delay was not attributable to them.A three-judge Bench comprising Justices C. Hari Shankar, Jyoti Singh and Ajay Digpaul thus settled the conflicting views taken by different Division Benches of the Court on the issue of seniority of direct recruits whose...

Delhi High Court Warns Against 'Chaos' If Witnesses Are Recalled Every Time Counsel Changes

The Delhi High Court has refused to recall a complainant for further cross-examination in a cheque bounce case, observing that permitting recall every time a party changes its lawyer would lead to “chaos” and cause unnecessary delay in trials.Justice Ravinder Dudeja observed,“The newly engaged counsel steps into the shoes of previous counsel and cannot agitate that more questions were required to be put to the witnesses. Merely because the new counsel has been engaged, same would not confer any...

Delhi High Court Stays NHAI Termination Notice, Protecting Roadway Solutions' ₹104 Cr Bonds In Delhi-Mumbai Expressway Dispute

The Vacation Bench of the Delhi High Court presided over by Justice Madhu Jain restrained the National Highway Authority of India (NHAI) from acting on its Notice of Intention to Terminate (NITT) against Roadway Solutions India Infra Limited (RSIL) until the next hearing. The Court also protected the RSIL's insurance surety bonds of approx. Rs. 104 Crores from invocation.The petition was filed under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim protection against...

Security Guards Restraining People In Discharge Of Duty Can't Be Prosecuted For Wrongful Restraint Or Outraging Modesty: Delhi High Court

The Delhi High Court has quashed criminal proceedings against security guards accused of wrongful restraint and outraging the modesty of a woman, holding that acts done bonafidely in the course of discharging duties can't be criminalised.Justice Neena Bansal Krishna was hearing a petition seeking quashing of charges framed under Sections 341 (wrongful restraint) and 354 (outraging modesty) of the IPC against two security guards employed at a property where a family dispute over possession was...

S.311A CrPC | Absence Of Formal Arrest Doesn't Bar Direction To Give Handwriting Samples: Delhi High Court

The Delhi High Court has held that absence of formal arrest does not bar a Magistrate from directing a person to furnish handwriting or signature samples under Section 311A CrPC.For context, Section 311A CrPC empowers the Magistrate to order persons to give specimen signatures or handwriting for carrying out any investigation or proceedings. It adds a proviso that no order shall be made unless the person has at some time been arrested in connection with such investigation or proceeding.A Single...

No 100% Pension Parity With Army For Pre-2009 Special Frontier Force Personnel: Delhi High Court

The Delhi High Court has held that personnel of the Special Frontier Force (SFF) who retired prior to January 1, 2009 are not entitled to claim 100% pension parity with corresponding ranks in the Indian Army, and can only seek restoration of 45% of the commuted value of pension in terms of the earlier directions of the Court.A Division Bench of Justices C. Hari Shankar and Om Prakash Shukla thus dismissed the writ petition filed by the Ex-Servicemen Welfare Union, which had sought full pension...