• Judgments-D

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    Judgments-Index

    • D Vs. P Alias R- MAT.APP.(F.C) 161/2017-DelHC-15.12.2017-- Divorce-HMA- S-13(1)(a)- what should be the contents of a petition filed under the HM Act- Reference made to the Rule 7 of Delhi High Court Rules, 1967, “7. Contents of petition-In addition to the particulars required to be given under Order VII Rule 1 of the Code and Section 20(1) of the Act, all petitions under Section 9 to 13 shall state: (g) The matrimonial offence or offences alleged or other grounds, upon which the relief is sought, setting out with sufficient particularity the time and places of the acts alleged, and other facts relied upon, but not the evidence by which they are intended to be proved, e.g.: … (iv) ……in the case of cruelty, the specific acts of cruelty and the occasion when and the place where such acts were committed.”- Condonation part very material- Reference made to S-23 of the HMA: “23. Decree in proceedings - (1) In any proceeding under this Act, whether defended or not, if the court is satisfied that:- (a) xxx xxx xxx — (b) where the ground of the petition is the ground specified in clause (i) of sub-section (1) of section 13, the petitioner has not in any manner been accessory to or connived at or condoned the act or acts complained of, or where the ground of the petition is cruelty the petitioner has not in any manner condoned the cruelty, and…….” [Full PDF Judgment].
    • Daiichi Sankyo Company Limited Vs. Malvinder Mohan Singh- O.M.P.(EFA)(COMM.) 6 Of 2016- DelHC-31.01.2018- Arbitration and Conciliation Act,1996- Arbitration & Conciliation- international arbitral award- Jurisdictional issues- enforcement and execution of the Foreign Award-tribunal in Singapore- Share Purchase and Share Subscription Agreement (SPSSA)- Self Assessment Report SAR- US Food and Drug Administration (FDA)- Department of Justice (DOJ)- Art.-15, Art.-39(e) & (f) and Art.-45 of the Constitution of India empower the state to make special provisions for protection of children- It was alleged against Ranbaxy, that it had intentionally fabricated data for regulatory submissions to various regulators, as also kept the SAR secret and had misrepresented the ongoing investigation by the US Regulatory authorities as routine regulatory exercise and a meritless fishing expedition launched at the behest of a competitor. [Full Pdf Judgment]
    • Daljit Singh & Ors. Versus Sukhwinder Kaur & Anr., Crl. Misc. No. M-8742 of 2015(O&M), Judgment Dated: 03.10.2016, Bench: Anita Chaudhary, JJ, Punjab & Haryana High Court: Quashing Of FIR- S-406 & 498A IPC [Full PDF Judgments].
    • Dalmia Resorts International Pvt. Ltd. Versus Deepak Gupta- Crl. R. No. 228 of 2002- DelHC-09.05.2002- ___- Case U/S-138 NI Act- NBW issued in this Case [Full PDF Judgments].
    • Dalpat Kumar Vs. Prahlad Singh-16.10.1991-(1992) 1 SCC 719- AIR 1993 SC 276- S-41(H) Of The Specific Relief Act, 1963- O-XXXIX, R-1 & 2-Ex Parte Injunction- Injunction When Refused [Full PDF Judgments].
    • Damodar Lal Versus Sohan Devi And Others, Civil Appeal No. 231 OF 2015, Judgment dated: 05.01.2016, Bench: T. S. Thakur, CJI, Kurian Joseph, J, Supreme Court Of India- Rent matter- Appeals Under Rent Laws- Landlord had been successful both in the trial court and the first appellate court, however, the High Court in second appeal went against him on a pure question of fact- Landlord filed SLP in Supreme Court- The Supreme Court reversed the High Court Order, as follows:  “... approach made by the High Court has been wholly wrong, if not, perverse. It should not have interfered with concurrent findings of the trial court and first appellate court on a pure question of fact. The strained effort made by the High Court in second appeal to arrive at a different finding is wholly unwarranted apart from being impermissible under law.”- Landlord succeeds [Full PDF Judgments].
    • Danamma @ Suman Surpur & Anr. Vs. Amar & Ors.- Civil Appeal Nos.-188-189 Of 2018- SC-01.02.2018- Partition Suit- The right to partition- The right is inherent and can be availed of by any coparcener, now even a daughter who is a coparcener. [Full Pdf Judgment].
    • Danial Latifi & Anr. Vs. Union Of India, Writ Petition (Civil) 868 Of 1986, Judgment Dated: 28.09.2001, Bench: G.B. Pattanaik, S. Rajendra Babu, D.P. Mohapatra, Doraiswamy Raju & Shivaraj V. Patil, JJ, Supreme Court Of India, 2001 (8) SC 218 [5 Judge bench]- Talaq Under Muslim Law- In This Case the Court held the constitutional validity of Muslim Women (Protection of Rights on Divorce) Act, 1986 [Full PDF Judgments].
    • Dante Farinello Cardoso Vs. State of UP- Criminal Revision No. - 84 of 2016- AllHC-31.05.2016- Sentence-Proportionate [Full PDF Judgment].
    • Dashrath Rupsingh Rathod Vs.State of Maharashtra & Anr.- Criminal Appeal No. 2287 OF 2009- SC-01.08.2014- Negotiable Instrument Act- S-138 NI Act- Territorial Jurisdiction of Court [Full PDF Judgment].
    • Dataram Singh Vs. State Of Uttar Pradesh & Anr.-SC-06.02.2018- Criminal Appeal No.227 Of 2018- Bail- New Guidelines, 2018 [Full PDF Judgment].
    • Davinder Pal Singh Bhullar: State of Punjab Vs. Davinder Pal Singh Bhullar and Others – CRIMINAL APPEAL NOS. 753-755 of 2009- SC-07.12.2011- AIR 2012 SC 364)- Extent & Scope of Section 482 Cr.PC & Section 482 Cr.PC discussed [Full PDF Judgments].
    • Dayachand Vs Sahib Singh And Another- SC-05.03.1991- AIR 1991 SC 930- 1991 CriLJ 1370- (1991)- 2- SCC 379- POCSO- Age determination [Full PDF Judgment].
    • Daya Singh Lahoria v. Union of India and others- Writ Petition -Crl-256 of  2000- SC-17.04.2001- Citation- [(2001) 4 SCC 516]- Issue, Extradition Treaty [Full PDF Judgments].
    • D. Dhaya Devadas Vs. Anupam Nandi, CPIO, IBM, F.No.CIC/SM/A/2012/000835,836,837,966, 1050,1114,1183, 1257, 1394,1397,1618,1844, 1806 and  CIC/SG/A/2012/001408 (14 cases), Judgment Dated:  30.11. 2015, Bench: M.Sridhar Acharyulu, IC, Yashovardhan Azad, IC, Vijai Sharma, CIC- On the issue of Mining allotment related information [Full PDF Judgments].
    • DHBA [Union Of India Vs.Delhi High Court Bar Association]- Appeal (Civil) 4679  of  1995- 3JBSC-14.03.2002- The challenge to the constitutional validity of The Recovery of Debts Due to Banks and Financial Institutions Act, 1993 [Full PDF Judgments].
    • Debendra Nath Padhi- [State of Orissa Vs. Debendra Nath Padhi]- Appeal-Crl-497 of 2001-SC-29.11.2004- (2005) 1 SCC 568- Section- 91 Cr.P.C.- Summons to produce document or other thing [Full PDF Judgments].
    • Deepak Bajpai  Vs.  State  Govt. Of Nct Of Delhi And  Arun Jaitley - Crl.- Rev.P. 685 Of 2017 & Crl.- M.A. 15058 Of 2017-Delhc-27.10.2017 [Full PDF Judgment].
    • Deepak Khosla v. Montreaux Resorts Pvt. Ltd.[DB], Letters Patent Appeal No. 16 of 2012- SC-24.04.2012- Letters Patent Appeal No. 16/2012 [Sanjiv Khanna, J.: R.V. Easwar, J.]- Contempt Of Court- In the Case the Hon’ble High Court declined the motion, holding, inter alia, the direction to appellant, as passed by the subordinate Court, were stringent, severe, deleterious & unsustainable and therefore liable to be set aside [Full PDF Judgments].
    • Delfi as v. Estonia, Application no. 64569/09, Judgment Dated: 16.06.2015, Grand Chamber Of The European Court Of Human Rights [ECHR] [ 17 Judges Judgments]- Findings, DELFI AS, a news portal held liable for comments made on its website.- In India, this Case casts bearing on Sec 79 of the Information Technology Act, 2000, which offers protection for intermediaries in a particular facts & circumstances.- The Parallel of this Case can be traced down to the Case, namely, "Shreya Singhal", where Sec 66A of the Act was quashed, and constitutional validity of Sec 79 and 79A was upheld [Full PDF Judgments].
    • Delhi Gymkhana Club Limited Vs. Alok Mehndiratta- FAO 90 Of 2017- DelHC-04.01.2018- O-VII, R-11 CPC- O-XXXIX, R-1 & 2 CPC- [Full PDF Judgment].
    • Deoraj Vs. State of Maharashtra and Others-SC-06.04.2004-Appeal (Civil) 2084 of 2004- (2004) 4 SCC 697- Stay & Injunction- O-XXXIX, R-1, & 2- Interim relief- Final relief-Where withholding of an interim relief would tantamount to dismissal of main petition itself - Granting of an interim relief would tantamount to granting the final relief itself. [Full PDF Judgment].
    • Devender Kumar Versus Khem Chand, Crl. Rev. P. 679 of 2012, Decided on 06-10-2015, Bench- Ashutosh Kumar, J, Delhi High Court.- On Legally Enforceable Debt & Liability- On Legally Enforceable Debt & Liability & Onus to prove and of rebuttal [Full PDF Judgments].
    • Dhanaj Singh Alias Shera Vs. State Of Punjab- SC-10.03.2004- Appeal (Crl.) 941 of 2003- (2004) 3 SCC 654- Evidence & Witness- Investigation- Held, When the direct testimony of the eye-witnesses corroborated by the medical evidence fully establishes the prosecution version failure or omission of negligence on part of the IO cannot affect credibility of the prosecution version.- Further held, Even if the investigation is defective, in view of the legal principles set out above, that pales into insignificance when ocular testimony is found credible and cogent [Full PDF Judgments].
    • Dhananjay Reddy Vs. State of Karnataka-Appeal-Crl-1000  of  1999-SC-14.03.2001- 2001 4 SCC 9- S-293(4) CrPC- The trial Court can accept documents issued by any of the six officers enumerated therein as valid evidence without examining the author of the documents- The same was held in the Cases, State of HP Vs. Mast Ram (2004) 8 SCC 660 & Rajesh Kumar Vs. State (2008) 4 SCC 493 [Full PDF Judgment]
    • Dhanwanti Devi [Union of India v. Dhanwanti Devi]- SC-21.08.1996 (1996) 6 SCC 44- Taxation Laws [Full PDF Judgments].
    • Dhanyamol C.J. Versus State Of Kerala, WP (C).No. 3450 Of 2014, Judgment Dated- 17.08.2015, Bench: Dama Seshadri Naidu, J, Kerala High Court– The Court held that  the Rule prohibiting women from being employed in a bar in Kerala is unconstitutional. The said rule, held the Court, fall foul of the Constitutional scheme of gender equality as has been spelt out in Articles 14, 15 (1) & (2) and 16 (1) & (2) of the Constitution of India [Full PDF Judgment].
    • Dineshbhai Chandubhai Patel Vs. State of Gujarat & Ors.- Criminal Appeal No. 12 Of 2018- SC-05.01.2018-Condition precedent to commencement of investigation- Police have no unfettered discretion to commence investigation- Power to investigate- quashing of investigation- quashing of proceedings- quashing of FIR- Held, "30..In order to examine as to whether the factual contents of the FIR disclose any prima facie cognizable offences or not, the High Court cannot act like an investigating agency and nor can exercise the powers like an appellate Court. Further held, "34. The inherent powers of the High Court, which are obviously not defined being inherent in its very nature, cannot be stretched to any extent and nor can such powers be equated with the appellate powers of the High Court defined in the Code.". The Supreme Court concluded by holding that the High court committed a  jurisdictional error [Full PDF Judgment]
    • Dinesh M.N. (S.P.) Versus State of Gujarat, Appeal (Crl.) 739 of 2008, Date Of Judgment: 28.04.2008 Bench: Dr. Arijit Pasayat & P. Sathasivam & Aftab Alam, JJ, (2008) 5 SCC 66,  Supreme Court Of India- Cancellation Of Bail- Issue, that seriousness of the offences, and the sentences to be imposed were not kept in view. Also, Irrelevant factors were taken into consideration for granting bail.- Held, the order of granting bail to the appellant was certainly vulnerable and cancellation of the bail by the High Court was justified and therefore could not be interfered with [Full PDF Judgments].
    • Dipanwita Roy Vs. Respondent: Ronobroto Roy- Civil Appeal No. 9744 of 2014- SC-15.10.2014- Matrimonial- DNA Test [Full PDF Judgment]
    • Disabled Rights Group & Anr. Vs. Union Of India- Writ Petition (Civil) No. 292 Of 2006 – SC-15.12.2017-Various directions issued [Full PDF Judgment].
    • Divyansh Arora, Master Vs. Union Of India- DelHC- 14.11.2017- W.P.(C) 6759/2016- Adoption- CARA- HAMA- Adoption under HAMA Act is complete in itself, being in accordance law of the land- Grave injustice to a child if he/she is forced to live in lurch [Full PDF Judgments].
    • D. K. Basu Vs. State of West Bengal- SC-24.07.2015- 18.12.1996- 01.08.1997- _____- 1997 (1) SCC 416- 2015 (8) SCC 744- Arrest, Detention, Custodial Death & Torture-Damages & Compensation- Bail- [Full PDF Judgment Dated: 24.07.2015] [Full PDF Judgment Dated: 18.12. 1996] [Full PDF Judgment Dated: 01.08. 1997
    • Don Ayengia . Versus The State of Assam & Anr., Criminal Appeal Nos. 82-83 OF 2016,  Judgment Dated: 28.01.2016, T.S. Thakur & Kurian Joseph, JJ, Supreme Court OF India- Plea of “security” qua the cheques.- The Court held, “This would ordinarily and in the context in which the cheques were given imply that once the debt / liability was discharged, the cheques shall have to be returned. In case, however, the amount was not paid within the period stipulated, the cheques were liable to be presented, for otherwise there was no logic or reason for their having been issued and handed over in the first instance. If non-payment of the agreed debt/liability within the time specified also did not entitle the holder to present the cheques for payment, the issue and delivery of any such cheques would be meaningless and futile if not absurd.- If cheques were issued in relation to a continuing contract or business where no claim is made on the date of the issue nor any determinate amount payable to the holder, one could perhaps argue that the cheques cannot be presented or prosecution launched on a unilateral claim of any debt or liability [Full PDF Judgments].
    • Doongar Singh Versus The State Of Rajasthan-SC-28.11.2017- Criminal Appeal Nos. 2045-2046 Of 2017- Issue, Adjournments [Full PDF Judgments].  
    • Dunlop [Asst. Collector Of Customs OF Central Excise Chandan Nagar Vs. Dunlop]- SC-30.11.1994- (1985) 1 SCC 260- 1985 AIR 330- 1985 SCR -2-190- Law Declared By The Supreme Court Is The Law Of The Land [Full PDF Judgments].
    • D. Venkatasubramaniam Vs. M.K. Mohan Krishnamachari (2009) 10   SCC 488- Extent & Scope of Section 482 Cr.PC & Section 482 Cr.PC discussed [Full PDF Judgments].

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