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Rawlaw
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“Having held that Section 397 IPC is not attracted, the Trial Court could not have proceeded to frame a charge invoking the same provision”: Delhi High Court sets aside contradictory order on charge in robbery case, condones 398-day delay owing to peculiar procedural history, holds framing of conspiracy charge with Section 397 legally inconsistent where accused did not use weapon, and remands matter for fresh consideration after FSL report and Arms Act sanction
Rawlaw6 min read
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“Even in a case of breach of policy condition, the insurance company can be held liable, subject to right to recover”: Delhi High Court dismisses insurer’s appeal seeking complete exoneration, holds pay-and-recover principle binding despite absence of permit and improper driving licence, upholds ₹4.11 lakh MACT award to injured bus conductor and reiterates insurer’s statutory duty towards third-party victims
Rawlaw6 min read
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“Cases arising out of matrimonial differences should be put to a quietus if the parties have reached an amicable settlement”: Delhi High Court quashes FIR under Sections 498A and 406 IPC after divorce and full payment of ₹5.20 lakh settlement, holds continuation of criminal proceedings would be abuse of process, and reiterates inherent powers to secure ends of justice
Rawlaw6 min read
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“Keeping in view the judicial discipline, we refrain from giving our opinion with respect to the vires”: Delhi High Court declines to adjudicate validity of GST limitation-extension notifications under Section 168A pending Supreme Court consideration, permits taxpayer to pursue statutory appeal against ex parte adjudication order, safeguards limitation and directs appellate authority to decide matter on merits within fixed timeline
Rawlaw7 min read
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“Since the Petitioner has not been afforded an opportunity to be heard, the impugned order deserves to be set aside”: Delhi High Court quashes ex parte GST adjudication raising ₹9.53 lakh demand, lifts provisional attachment subject to safeguards, remands matter for fresh adjudication while keeping validity of Section 168A limitation-extension notifications open pending Supreme Court verdict
Rawlaw8 min read
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“A candidate cannot be allowed to approach the Court stating that they realised their mistake only when he or she failed to qualify”: Delhi High Court refuses post-submission correction of police ward declaration in Delhi Police Constable recruitment, holds height relaxation cannot be claimed after filling ‘No’ in application, upholds CAT order and reiterates strict adherence to recruitment rules
Rawlaw6 min read
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“No useful purpose would be served by keeping the dispute alive and continuance of the proceedings would amount to abuse of the process of Court”: Delhi High Court quashes FIR under Sections 498A and 406 IPC and Dowry Prohibition Act after full ₹6.10 lakh settlement and mutual divorce, reiterates that matrimonial disputes with predominant civil flavour deserve quietus once parties amicably resolve their differences
Rawlaw6 min read
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“Proceedings before the Claims Tribunal are to be decided on preponderance of probabilities and not with criminal-law strictness”: Delhi High Court enhances motor accident compensation by ₹4.88 lakh, upholds negligence based on chargesheet and injured’s testimony, applies Delhi minimum wages, increases functional disability to 25%, grants future prospects and higher non-pecuniary damages while dismissing insurer’s challenge to liability
Rawlaw7 min read
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“Mere possession of educational qualifications cannot substitute actual employment, nor can moral obligations dilute statutory duty”: Delhi High Court upholds interim maintenance to wife under Section 125 CrPC despite husband’s plea of her employability and financial liabilities, applies ‘family resource cake’ principle, affirms ₹15,000 for wife, but marginally reduces maintenance for three-and-a-half-year-old child while stressing limited revisional interference
Rawlaw7 min read