Delhi High Court

59,406 judgments

Year:

Pradeep Suri v. State & Anr.

23 Aug 2018 · R. K. Gauba · 2018:DHC:5327

The Delhi High Court dismissed the petition seeking quashing of domestic violence proceedings, holding that such claims constitute a continuing cause of action requiring trial despite other pending criminal or maintenance cases.

criminal petition_dismissed Protection of Women from Domestic Violence Act, 2005 Section 12 Domestic Violence Act Section 125 CrPC Section 482 CrPC

Commissioner of Customs v. R.K. International

23 Aug 2018 · S. Ravindra Bhat; Anu Malhotra · 2018:DHC:5313-DB

The Delhi High Court held that customs duty under Section 125(2) cannot be recovered on redeemed confiscated goods unless the show cause notice under Section 124 specifically proposes such duty.

administrative appeal_dismissed Significant Customs Act, 1962 Section 125(2) show cause notice confiscation

Daya Ram v. State & Anr.

23 Aug 2018 · R. K. Gauba · 2018:DHC:5326

The Delhi High Court dismissed the petition seeking to quash the Magistrate’s order directing police investigation into cognizable offences, holding that protective provisions for public servants apply only after cognizance and summons.

criminal petition_dismissed Section 156(3) Cr.P.C. Section 197 Cr.P.C. Section 140 Delhi Police Act Police investigation

Meenakshi v. Praveen Rajora

23 Aug 2018 · R. K. Gauba · 2018:DHC:5328

The Delhi High Court held that complaints under the Domestic Violence Act alleging continuing offences are not barred by limitation despite divorce, reviving the petitioner's proceedings for relief.

criminal appeal_allowed Significant Protection of Women from Domestic Violence Act, 2005 Section 12 Domestic Violence Act limitation Section 468 CrPC

Pawan Gupta v. State of NCT Delhi & Ors.

23 Aug 2018 · R.K. Gauba · 2018:DHC:5329

The Delhi High Court dismissed the petition to quash criminal proceedings involving forgery and cheating, holding that compromise between parties does not warrant quashing serious economic offence prosecutions.

criminal petition_dismissed Significant Section 482 CrPC quashing of criminal proceedings forgery cheating

Rajesh Kumar & Anr. v. State & Anr.

23 Aug 2018 · R. K. Gauba · 2018:DHC:5330

The Delhi High Court held that criminal proceedings for assault on a public servant on duty cannot be quashed merely on the basis of an amicable settlement between the parties.

criminal petition_dismissed Significant Section 482 CrPC quashing of criminal proceedings offence against public servant assault on police officer

Sunaini Khale & Ors v. State (NCT of Delhi) & Anr

23 Aug 2018 · Mukta Gupta, J. · 2018:DHC:5323

The Delhi High Court dismissed petitions seeking quashing of an FIR alleging matrimonial cruelty and related offences, holding that the FIR discloses cognizable offences and Delhi courts have jurisdiction to try the matter.

criminal petition_dismissed Significant quashing of FIR jurisdiction matrimonial dispute Section 498A IPC

Indian Oil Corporation Ltd v. Institute of Geo Informatics Pvt Ltd

23 Aug 2018 · S. Ravindra Bhat; A.K. Chawla · 2018:DHC:5309-DB

The Delhi High Court set aside the arbitral award insofar as it adjudicated non-arbitrable claims excluded by contract and court order, holding that the tribunal lacked jurisdiction over those claims.

civil appeal_allowed Significant arbitration arbitrability excluded claims Section 34 Arbitration Act

INSTITUTE OF GEO INFORMATICS (P) LTD v. INDIAN OIL CORPORATION LTD

23 Aug 2018 · S. RAVINDRA BHAT; A.K. CHAWLA · 2018:DHC:5312-DB

The Delhi High Court reserved and pronounced judgment in a commercial appeal filed by Institute of Geo Informatics against Indian Oil Corporation, with detailed reasoning referenced to a related case.

commercial other commercial appeal Institute of Geo Informatics Indian Oil Corporation Delhi High Court

National Institute of Public Finance and Policy v. Commissioner of Service Tax

23 Aug 2018 · S. Ravindra Bhat; Anu Malhotra · 2018:DHC:5315-DB

The Delhi High Court held that refund claims for payments made under a mistaken belief of tax liability where no levy was applicable are not barred by statutory limitation periods and allowed refund of the entire amount with interest.

tax appeal_allowed Significant refund service tax limitation mistaken payment

Madan Pal v. State

23 Aug 2018 · S. Muralidhar; Vinod Goel · 2018:DHC:5297-DB

The Delhi High Court acquitted the appellant of murder under Section 302 IPC due to unreliable witness testimony, defective investigation, and failure to prove guilt beyond reasonable doubt.

criminal appeal_allowed Significant Section 302 IPC murder interested witnesses benefit of doubt

INTARVO TECHNOLOGIES LTD v. A R PRINTER POINT

23 Aug 2018 · Valmiki J. Mehta · 2018:DHC:5295

The Delhi High Court held that suits under Order XXXVII CPC are maintainable only on dishonoured negotiable instruments or written agreements with liquidated liabilities, and dismissed summary proceedings for a service supply claim lacking these requisites.

civil appeal_allowed Significant Order XXXVII CPC leave to defend liquidated liability summary suit

M/S G4S Security Services (I) Pvt Ltd v. Dhiraj Negi

23 Aug 2018 · Valmiki J. Mehta · 2018:DHC:5298

The Delhi High Court held that wrongful termination of private employment entitles the employee only to salary for the notice period and set aside the trial court's order of reinstatement and extended salary.

civil appeal_allowed Significant private employment termination notice salary in lieu of notice wrongful termination

Arun Saxena & Anr. v. Today Homes & Infrastructure P. Ltd. & Ors.

23 Aug 2018 · Vipin Sanghi · 2018:DHC:5305

The Delhi High Court upheld the Magistrate's discretion to reject police investigation under Section 156(3) CrPC in a dispute involving alleged breach of contract and fraud, holding that the allegations did not disclose cognizable offences warranting police intervention.

criminal appeal_dismissed Significant Section 156(3) CrPC Police investigation Cognizable offence Cheating

Urmila Vohra & Anr v. M/S Janak Properties Pvt. Ltd. & Ors

23 Aug 2018 · Jayant Nath · 2018:DHC:5325

The Delhi High Court dismissed the plaintiffs' interim injunction application in a suit for specific performance, holding they failed to show readiness and willingness to perform their contractual obligations, and allowed the defendants' application to vacate the interim order.

civil appeal_dismissed specific performance interim injunction readiness and willingness balance of convenience

Arun Singh Chauhan v. Union of India

21 Aug 2018 · Hima Kohli; Rekha Palli · 2018:DHC:5280-DB

The Delhi High Court held that the Indian Army’s rejection of a Major’s study leave application was arbitrary and directed grant of leave in accordance with existing policy guidelines.

administrative petition_allowed Significant study leave Indian Army administrative policy arbitrariness

Hitesh Kakkar v. Sanjay Kakkar & Anr.

21 Aug 2018 · Valmiki J. Mehta · 2018:DHC:5264

The Delhi High Court allowed the appeal in a partition suit, holding that photocopies of documents are admissible in ex parte proceedings when originals are with the defendants, and decreed the appellant as one-third owner of the suit property.

civil appeal_allowed Significant partition suit joint ownership photocopy documents admissibility ex parte proceedings

Ramesh Chander v. M/S Shiv Infra Promoters Pvt Ltd

21 Aug 2018 · Valmiki J. Mehta · 2018:DHC:5259

The Delhi High Court allowed the appeal and held that interest is payable in equity and under Section 80 of the Negotiable Instruments Act for the delay in encashment of a cheque, awarding interest at 1.5% per month for the delay period.

civil appeal_allowed Significant interest in equity dishonoured cheque Section 80 Negotiable Instruments Act equitable interest

Sunil alias Machhar v. State

21 Aug 2018 · Mukta Gupta · 2018:DHC:5269

The Delhi High Court upheld the conviction under Section 4 of the POCSO Act, finding the victim's credible testimony corroborated by medical evidence and a satisfactorily explained delay in FIR registration.

criminal appeal_dismissed POCSO Act sexual assault victim testimony medical evidence

B Venkateshwara Rao v. State & Anr

21 Aug 2018 · Sanjeev Sachdeva · 2018:DHC:5272

The High Court set aside the Trial Court's summoning order due to missing witness statements under Section 161 Cr.P.C. and remanded the case for fresh consideration after the evidence is placed on record.

criminal remanded Significant summoning order Section 161 Cr.P.C. closure report missing evidence