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Posts by Rawlaw

Home - Archives for Rawlaw - Page 20

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criminal law
Posted inNews

“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

HEADNOTE The Oriental Insurance Company Limited v. Naveen & Ors.; Naveen v. Avinash Verma & Ors. Court: High Court of DelhiBench: Justice Prateek JalanDate of Judgment: 12 December 2025Citation: MAC.APP.…
Posted by Rawlaw January 23, 2026
moral obligations
Posted inNews

“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

HEADNOTE Parwez Khan v. Shabnam Ara & Anr. Court: High Court of DelhiBench: Swarana Kanta SharmaDate of Judgment: 10 December 2025Citation: CRL.REV.P.(MAT.) 114/2024Laws / Sections Involved: Section 125 Code of…
Posted by Rawlaw January 23, 2026
formality
Posted inNews

“If the Review Medical Examination is held the very next day, it is reduced to an empty formality”: Delhi High Court intervenes in Indian Coast Guard recruitment, questions back-to-back DME and RME practice, directs fresh medical examination for candidate disqualified due to Stage I Gynaecomastia, mandates meaningful time gap between medical reviews, and issues prospective directions to armed and paramilitary forces

HEADNOTE Peddinti Siva v. Indian Coast Guard through its Director General & Ors. Court: High Court of DelhiBench: Justice C. Hari Shankar and Justice Om Prakash ShuklaDate of Judgment: 12…
Posted by Rawlaw January 23, 2026
expert opinion
Posted inNews

“No amount of evidence can be looked into on a plea never put forward, and expert opinion cannot decide whether a Will is genuine”: Delhi High Court dismisses challenge to probate granted in favour of niece, rejects belated handwriting expert report and vague allegations of forgery, upholds attesting witness testimony, affirms testamentary capacity of unmarried testatrix, and reiterates strict standards for proving suspicious circumstances under succession law

HEADNOTE Prabha Devi v. State & Ors. Court: High Court of DelhiBench: Justice Chandrasekharan SudhaDate of Judgment: 12 December 2025Citation: FAO 165/2012Laws / Sections Involved: Sections 63(c), 276, 278 and…
Posted by Rawlaw January 23, 2026
delay
Posted inNews

“Once trial has commenced, the focus shifts from delay to due diligence, and silence on diligence is fatal”: Delhi High Court refuses amendment of written statement sought after closure of plaintiff’s evidence, holds defendant failed to explain when he learnt of subsequent writ petitions, applies strict proviso to Order VI Rule 17 CPC, and upholds trial court’s refusal to permit belated pleadings that would prejudice the plaintiff

HEADNOTE Om Prakash v. Brahm Singh Court: High Court of DelhiBench: Justice Girish KathpaliaDate of Judgment: 12 December 2025Citation: CM(M) 2416/2025Laws / Sections Involved: Order VI Rule 17 CPC; Proviso…
Posted by Rawlaw January 23, 2026
fair opportunity
Posted inNews

“A litigant who defaults at every stage cannot later plead lack of fair opportunity”: Delhi High Court dismisses tenant’s commercial appeal, upholds ₹5.51 lakh rent arrears decree based on proved lease deed, holds striking off defence for failure to file written statement within statutory timeline justified, rejects plea that suit was decreed merely due to default, and reiterates limited appellate interference in commercial recovery suits

HEADNOTE Rachit Katyal v. Suresh Kumar Taneja & Anr. Court: High Court of DelhiBench: Justice Anil Kshetarpal and Justice Harish Vaidyanathan ShankarDate of Judgment: 11 December 2025Citation: RFA (COMM) 466/2024Laws…
Posted by Rawlaw January 23, 2026
trap, reservation
Posted inNews

“Reservation cannot be reduced to a technical trap, nor can a 20-day window defeat constitutional guarantees”: Delhi High Court quashes cancellation of OBC-NCL candidates in CAPF (Assistant Commandant) examination, holds UPSC’s rigid cut-off for issuance of caste certificates arbitrary and disproportionate, affirms that OBC status is by birth and not by date of certification, and directs restoration of candidature and appointments

HEADNOTE Raghvendra Singh & Ors. v. Union Public Service Commission & Ors.(Along with connected matters including Teena Choudhary v. UPSC, Mayur Dasharath Auti v. UPSC and allied writ petitions) Court:…
Posted by Rawlaw January 23, 2026
order
Posted inNews

“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

HEADNOTE Rahul v. State (Govt. of NCT of Delhi) Court: High Court of DelhiBench: Swarana Kanta SharmaDate of Judgment: 10 December 2025Citation: CRL.REV.P. 1161/2024Laws / Sections Involved: Sections 392, 397,…
Posted by Rawlaw January 23, 2026
criminal offences
Posted inNews

“Mere filing of complaints, even if alleged to be false, does not by itself constitute criminal offences, nor can Section 482 be used to revive a dismissed complaint”: Delhi High Court refuses to summon former employees for breach of trust, defamation and false prosecution, applies statutory bar under Section 195 CrPC, holds no ‘entrustment’ of data during employment, but upholds summoning of one respondent for criminal intimidation under Section 506 IPC

HEADNOTE Rajan Sareen v. State (NCT of Delhi) & Ors. Court: High Court of DelhiBench: Justice Neena Bansal KrishnaDate of Judgment: 15 December 2025Citation: CRL.M.C. 2514/2017Laws / Sections Involved: Sections…
Posted by Rawlaw January 23, 2026
NDPS
Posted inNews

Delhi High Court grants NDPS bail for violation of Article 22(1), holds Section 37 cannot override illegal arrest

HEADNOTE Pahalman Budha Magar v. State (NCT of Delhi)Court: High Court of DelhiBench: Hon’ble Mr. Justice Saurabh BanerjeeDate of Judgment: January 21, 2026Case Number: Bail Application No. 4034/2025Laws Involved:Article 21…
Posted by Rawlaw January 22, 2026

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Recent News

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