Arushi, Author at SCC Times

Cessation of employment by wife to raise her child cannot be viewed as voluntary abandonment of work; Wife entitled to maintenance: Delhi HC

The wife was previously employed as a guest teacher. However, owing to the compelling responsibilities of single-handedly raising the child coupled with the burden of long commuting hours, she had to discontinue her employment.

Case Briefs High Courts

CBI cannot be rendered helpless in investigating further if during trap proceedings more information is received about offence/offenders: Delhi HC

Special Public Prosecutor submitted that there are 194 intercepted calls, revealing incriminating conversation involving the petitioner in negotiations and distribution of illegal gains. Thus, a larger conspiracy is to be unearthed, for which the custodial interrogation is needed.

Case Briefs High Courts

Delhi HC decrees suit between Reckitt Benckiser and social media influencer based on Joint Settlement Agreement in Dettol controversy case

In the present case, a social media influencer-Defendant 3, was the owner of Instagram handle “@hustlewithhritik”, and uploaded the reel titled “Never Use Dettol in your Skin” featuring the offending portion of the impugned podcast.

Case Briefs High Courts

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.”

Case Briefs High Courts

‘Transferring case to another State reflected mechanical approach’; Delhi HC directs registration of regular FIR instead of Zero FIR as offence occurred within jurisdiction

Rather than exercising its jurisdiction, P.S. Adarsh Nagar proceeded to register a Zero FIR and transferred the matter to the police in Noida. Such action indicates a failure on part of the police authorities concerned to adhere to their statutory responsibility under Section 154¹ of the CrPC.

Case Briefs High Courts

‘Child’s interest is of paramount consideration in matrimonial/guardianship dispute’; Delhi HC directs school to issue minor’s TC denied due to father’s objection

The Court stated that the school cannot deny the issuance of TC to the child, who has sought admission in other school. In the event of delay in issuance of TC, even a disciplinary action can be taken against the Headmaster or In-Charge of the school.

Case Briefs High Courts

‘Right to property occupies sacrosanct position’: Delhi HC orders Centre to pay Rs. 1.76 crore for illegal occupation of private property for two decades

“The State, being a constitutional authority and repository of public trust, is duty-bound to protect, rather than transgress, the civil rights of its citizens, including the right to property. The powers of the State are not plenary or absolute but are circumscribed by constitutional and statutory limitations.”

Case Briefs High Courts

Delhi HC grants Rs 8 lakhs compensation to a man whose leg was amputated in a 10-year-old railways accident case

“This Court has no hesitation in holding that the reasons given by the Railways Claim Tribunal in rejecting the claim are absolutely perverse. The plea that the injuries were suffered by the appellant/claimant due to his own criminal negligence is also not fathomable in law.”

Case Briefs High Courts

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.”

Case Briefs High Courts

Delhi HC dismisses petition to quash FIR against man accused of repeated rape, unnatural sex, forcing abortion and threatening to circulate nude photographs and videos

“If the complaint lodged by the prosecutrix is truthful, instead of extending premium to a rapist and a molester by pushing the helpless rape victim into his matrimony, it would be the duty of the State to ensure her a dignified life by providing her food, shelter and clothing.”

Case Briefs High Courts

Crucial for Courts to be conscious of accused’s right to speedy trial, rather than waking up too late and lament that such right is defeated: Delhi HC

In the present case seeking regular bail by the accused, the charge-sheet comprising about 10,000 pages was filed over 1 year ago citing 49 prosecution witnesses, but charges are yet to be framed. Therefore, the Court stated that it is obvious that trial will take a long time to conclude.

Case Briefs High Courts

Mere assertions or absence of recovery of narcotics from accused insufficient when nexus with narcotic network prima facie exists: Delhi High Court

The Court observed that accused prima facie seems to be involved in organized narcotic network and has been frequently in touch with the main supplier of the contraband and with the receiver of the contraband.

Case Briefs High Courts

Mere suspicion of extra-marital affair, however morally reprehensible, does not per se amount to abetment of suicide: Delhi HC grants bail to a man accused u/s 498A, 304-B IPC

Even after assuming, that such relationship existed between petitioner and his sister-in-law, or demeaning language in reference to the deceased, was exchanged via WhatsApp between them, these facts, stand alone, do not, prima facie, disclose the specific ingredients of cruelty or harassment related to dowry demand.

Case Briefs High Courts

Delhi HC directs CIC to determine whether inclusion of name in CBI’s list of ‘Undesirable Contact Men’ falls within exception under S. 24(1) RTI Act; remands case to CIC

“Prima facia, this Court finds merit in the petitioner’s argument that the publication of his name in the newspaper clipping, has resulted in a violation of human rights as the same has harmed his dignity and professional standing.”

Case Briefs High Courts

‘Completely erroneous to suggest vacations undermine speedy redressal of consumer disputes’; Delhi HC directs Department of Consumer Affairs to restore vacations in NCDRC

The Court stated that the notion that courts/tribunals have excessive vacations is a common myth, based on a complete misconception as regards judicial functioning and workload. Further, even on working days, judicial work is not confined to presiding over court proceedings and extends well beyond regular working hours.

Case Briefs High Courts

‘Mere confinement to jail cannot reduce convict’s status to that of chattel’; Delhi HC grants parole to a murder convict

The Court stated that it cannot be overlooked that he has been in jail for more than twenty years and may be for a crime that he has committed but that does not denude him of his basic right to life.

Case Briefs High Courts

Delhi High Court sets aside charge u/s 21 POCSO Act against mother for delay in reporting sexual assault of her child by father

The Court stated that when the mother herself was living under constant fear, abuse, and violence inflicted by the same man, who had assaulted her child, her capacity to protect, act, or even process the truth is also deeply impaired. It is vital to understand the state of helplessness and paralysis that may result in such a traumatic environment.

Case Briefs High Courts

‘Woman is considered as husband’s property and its devastating consequences is well documented in Mahabharata’; Delhi HC discharges man in adultery case

The Court stated that despite having example of Mahabharata to demonstrate the consequence of absurdity of treating of a woman as a chattel, the misogynistic mindset of our society understood this only when the Supreme Court declared Section 497 of Penal Code, 1860 as unconstitutional in Joseph Shine v. Union of India, (2018) 2 SCC 189.

Case Briefs High Courts

Merely because suicide is committed in parental home and not matrimonial home, does not mean it is not a case of dowry death: Delhi HC dismisses bail application

The expression “soon before her death” in Section 304-B of Penal Code, 1860 must be read as an expression of continuity of time and not an expression of mere length of time. The legislature in its wisdom had used the phrase as “soon before” and not “immediately before”.

Case Briefs High Courts

Delhi HC grants permission for transplantation of 26 trees to facilitate Supreme Court expansion project

The Court stated that the applicant should obtain necessary permissions from the municipal authorities concerned to see if more trees can be planted on the road leading to the Supreme Court as the same was enveloped with fully grown trees till some years ago.