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Articles by Rawlaw
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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
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“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
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“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
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“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
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“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
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“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
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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
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