Yash Pal Khanna and Associates

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Delhi High CourtDeepak Verma vs Daya NandThe period of limitation of making an application for substitution of legal hei...
01/02/2023

Delhi High Court

Deepak Verma vs Daya Nand

The period of limitation of making an application for substitution of legal heirs of a deceased defendant begins to run from the date of death.

However, any delay in making the application can be condoned if the plaintiff is able to show sufficient cause for the delay. The plaintiff's ignorance about the death of the defendant and the non- compliance with Order XXII Rule 10A of the CPC are relevant factors which would have a bearing while considering the application for condonation of delay.

Happy new year 2022
01/01/2022

Happy new year 2022

Delhi HC quashes over 1346 Notices issued by Income Tax Department after April 1st, 2021
16/12/2021

Delhi HC quashes over 1346 Notices issued by Income Tax Department after April 1st, 2021

The Delhi High Court while allowing as many as 1346 writ petitions, quashed old law Reassessment notices issued during COVID-19 Pandemic.

The Delhi High Court issued notice in a petition that raised the question as to whether a wife living with her husband i...
16/12/2021

The Delhi High Court issued notice in a petition that raised the question as to whether a wife living with her husband in his house is entitled to maintenance under Section 125 of the Criminal Procedure Code (CrPC).

20/08/2021

Covid19 – Adjournment of cases under general orders issued by the Chief Justice – Status Quo
admin August 19, 2021 1 min read
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Practice and procedure – Covid-19 – Adjournment of cases under general orders issued by the Chief Justice – When a case is adjourned under orders of Hon’ble the Chief Justice on the ground of spread of pandemic of Covid-19 it is expected that parties will maintain status quo and will not disturb the same whether the case be on criminal side or civil side without approaching the Court for appropriate directions .

(2021-3)203 Punjab Law Reporter 418

28/07/2021

Conviction by Court for involvement in moral turpitude would justify the forfeiture of gratuity.
Baldin Ram vs. The Chief Manager (P-EE), M/s. Bharat Cocking Coal Limited and Others, 2020 LLR 31 (Jhar. HC)

28/07/2021

In domestic enquiry strict compliance of Evidence Act is not essential.
Triveni Engineering & Industries Ltd. vs State of U.P. & Ors., 2020 LLR 944 (All. HC)

24/07/2021

*All Delhi Courts V.C Links :*


1. *TIS HAZARI, CENTRAL:*
https://districts.ecourts.gov.in/sites/default/files/Central%20District%2005042021%20%281%29.pdf

2. *ROUSE AVENUE, CENTRAL:*
https://districts.ecourts.gov.in/sites/default/files/URLs%20of%20Video%20Conferencing%20at%20RADC%20till%2012may.pdf

3. *TIS HAZARI, WEST:*
https://districts.ecourts.gov.in/sites/default/files/West%20District%2004052021.pdf

4. *ROHINI, NORTH :*
https://districts.ecourts.gov.in/sites/default/files/Updated%20%20LINK%201.pdf

5. *ROHINI, NORTH WEST:*
https://districts.ecourts.gov.in/sites/default/files/Updated%20%20LINK%201.pdf

6. *PATIALA HOUSE :*
https://districts.ecourts.gov.in/sites/default/files/All%20Courts%20Direct%20URL%20Links_10.pdf

7. *SAKET, SOUTH DISTT:*
https://districts.ecourts.gov.in/sites/default/files/VC%20LINKS%20SOUTH%20170421_0.pdf

8. *SAKET, SOUTH EAST*:
https://districts.ecourts.gov.in/sites/default/files/cisco%20webex%20id%27s%20of%20South%20East%20District%20%20%2804-02-2021%29_0.pdf

9. *KARKARDOOMA, NORTH EAST*:
https://districts.ecourts.gov.in/sites/default/files/LINK%20TO%20VIRTUAL%20COURTS%20OF%20NORTHEAST%20DISTRICT%20FROM%20%2004%20AUG%202020.pdf

10. *SAHADRA DISTT, KARKARDOOMA* :
https://districts.ecourts.gov.in/sites/default/files/LINK%20TO%20VIRTUAL%20COURTS%20OF%20SHAHDARA%20DISTRICT%20FROM%20%2004%20AUG%202020_7.pdf

11. *DWARKA COURT*:
https://districts.ecourts.gov.in/sites/default/files/02062021_4.pdf

दिल्ली हाई कोर्ट की जज ने कहा कि भारत में समान नागरिक संहिता, संविधान के अनुच्छेद 44 के तहत परिकल्पित है, सुप्रीम कोर्ट ...
09/07/2021

दिल्ली हाई कोर्ट की जज ने कहा कि भारत में समान नागरिक संहिता, संविधान के अनुच्छेद 44 के तहत परिकल्पित है, सुप्रीम कोर्ट की ओर से ''समय-समय पर दोहराया गया" है। कोर्ट ने कहा, ''ऐसा सिविल कोड 'सभी के लिए एक जैसा' होगा और शादी, तलाक और उत्तराधिकार के मामले में समान सिद्धांतों को लागू करेगा।'' कोर्ट ने कहा कि इससे समाज में झगड़े और विरोधाभासों में कमी आएगी, जोकि अलग-अलग पर्सनल लॉ की वजह से उत्पन्न होते हैं।

Indian Penal Code, 1860, Section 364A  –   Essential ingredients to convict an accused under Section 364A which are requ...
07/07/2021

Indian Penal Code, 1860, Section 364A – Essential ingredients to convict an accused under Section 364A which are required to be proved by prosecution are as follows:-
(i) Kidnapping or abduction of any person or keeping a person in detention after such kidnapping or abduction; and
(ii) threatens to cause death or hurt to such person, or by his conduct gives rise to a reasonable apprehension that such person may be put to death or hurt or;
(iii) causes hurt or death to such person in order to compel the Government or any foreign State or any Governmental organization or any other person to do or abstain from doing any act or to pay a ransom – After establishing first condition, one more condition has to be fulfilled since after first condition, word used is “and” – Thus, in addition to first condition either condition (ii) or (iii) has to be proved, failing which conviction under Section 364A cannot be sustained.

2021 SCeJ 934

पुनर्विवाह को लेकर छत्तीसगढ़ हाईकोर्ट ने दूरगामी महत्व का फैसला सुनाया है। हाईकोर्ट ने कहा कि पति की मृत्यु के बाद यदि को...
05/07/2021

पुनर्विवाह को लेकर छत्तीसगढ़ हाईकोर्ट ने दूरगामी महत्व का फैसला सुनाया है। हाईकोर्ट ने कहा कि पति की मृत्यु के बाद यदि कोई महिला पुनर्विवाह करती है और यह पूरी तरह से साबित हो जाता है तो दिवंगत पति की संपत्ति पर उसका हक खत्म हो जाएगा।

Only urgent matters and matters fixed for Final arguments are to be heard in Delhi District Courts wef 01.07.2021 till 2...
28/06/2021

Only urgent matters and matters fixed for Final arguments are to be heard in Delhi District Courts wef 01.07.2021 till 23.07.2021 through VC.

For Removal of the damaged tree
05/06/2021

For Removal of the damaged tree

🎓Supreme Court of India CRIMINAL TRIALIf two views are plausible, the view which goes in favour of acquittal has to be a...
17/05/2021

🎓

Supreme Court of India

CRIMINAL TRIAL
If two views are plausible, the view which goes in favour of acquittal has to be adopted.
It is a well settled principle of law that if two views are plausible, the view which goes in favour of acquittal has to be adopted.

Motor Accident Compensation - Self-Employed Deceased Aged Below 40 Years Entitled To 40% Addition As Future Prospects : ...
12/05/2021

Motor Accident Compensation - Self-Employed Deceased Aged Below 40 Years Entitled To 40% Addition As Future Prospects : Supreme Court

Repossession – Theft - When the agreement between the Financier and the hirer permits the Financier to take possession o...
18/04/2021

Repossession – Theft - When the agreement between the Financier and the hirer permits the Financier to take possession of a vehicle financed by the Financier, there is no legal impediment to the Financier taking possession of the vehicle.

Section 376 IPC  Reduction of sentence in Conviction on R**e charges... ... On the date of incident, appellant was about...
02/04/2021

Section 376 IPC Reduction of sentence in Conviction on R**e charges... ... On the date of incident, appellant was about 19 years, having no other criminal antecedents Prosecutrix and appellant both are in love and prosecutrix was a consenting party At relevant time, appellant was not fully mature to understand the nature and implication of his act Sentence of five year awarded instead of seven years.

SATISH vs THE STATE (GOVT OF NCT), DELHI CRL-A 1731/14

[ DELHI HIGH COURT ]

Criminal Trial... Kidnapping for ransom and murder..... Circumstantial evidence.... Motive for crime Relevance.... It is...
31/03/2021

Criminal Trial... Kidnapping for ransom and murder..... Circumstantial evidence.... Motive for crime Relevance.... It is not as if proof of motive is unnecessary or irrelevant in all cases While in the case of direct evidence, motive may not assume much significance, in a case of circumstantial evidence, the failure to prove motive would not be fatal only if all other circumstances have been established beyond reasonable doubt In this case, conduct of the accused in killing the child on the very first day, as alleged, is wholly inconsistent with the story of their being desperately in need of money and that leading to the kidnapping and killing of the child.

Manish Sharma @ Pappan vs The State Nct Of Delhi CRL-A 562/2017 18/04/18 [ MURALIDHAR JJ ]

[ DELHI HIGH COURT ]

Section 439 CRPC... Sections 409, 406, 420, 467, 471 & 120-B IPC... Bail Grant of.... Offence of cheating and forgery......
31/03/2021

Section 439 CRPC... Sections 409, 406, 420, 467, 471 & 120-B IPC... Bail Grant of.... Offence of cheating and forgery.... Charge-sheet has already been submitted....Even after framing of charges not a single witness has been examined.
Sheer magnitude of economic deprivation of investors makes it very obvious that at trial there will be number of witnesses to support prosecution version Trial in a case of this kind cannot take place in a hurried manner Investigating agency has already completed investigation and trial has not begun. Petitioner is entitled to bail.

Anand Swaroop Arora versus State Bail Appln. 1077/2015 Ashutosh Kumar JJ ]

[ DELHI HIGH COURT ]

Evidence Act Section 32 - Dying declaration Admissibility in evidence Dying declaration is admissible in evidence It alo...
29/03/2021

Evidence Act Section 32 - Dying declaration Admissibility in evidence Dying declaration is admissible in evidence It alone can also form basis or conviction if it has been made voluntarily and inspires confidence If there are contradictions, variations, creating doubts about its truthfulness, affecting its veracity and credibility or if dying declaration is suspect, or accused is able to create doubt not only with regard to dying declaration but also with regard to nature and manner of death, benefit of doubt shall have to be given to accused. [Para 9]

Naresh Kumar vs Kalawati CRL-A 35/13 25/03/21 [ Navin Sinha JJ ]

[ SUPREME COURT OF INDIA ]

Divorce by mutual consent - Wife residing abroad, represented through special power of Attorney, her mother - Wife filed...
29/03/2021

Divorce by mutual consent - Wife residing abroad, represented through special power of Attorney, her mother - Wife filed affidavit confirming contents of petition - No suspicious circumstances in affidavit - Personal attendance not required - Divorce granted.

(2015(3) Civil Court Cases 853 (A.P. ) 🇮🇳🇮🇳

Mental Cruelty and Divorce
25/03/2021

Mental Cruelty and Divorce

Justice N V Ramanna will be the next Chief Justice of India.
25/03/2021

Justice N V Ramanna will be the next Chief Justice of India.

Section 138 of the NI Act does not speak about the joint liability. Even in case of a joint liability, in case of indivi...
14/03/2021

Section 138 of the NI Act does not speak about the joint liability. Even in case of a joint liability, in case of individual persons, a person other than a person who has drawn the cheque on an account maintained by him, cannot be prosecuted for the offence under Section 138 of the NI Act.

Sections 376 and 354D IPC  R**e Appeal against acquittal Outraging modesty of woman - Alleged that the respondent used t...
11/03/2021

Sections 376 and 354D IPC R**e Appeal against acquittal Outraging modesty of woman - Alleged that the respondent used to follow prosecutrix and had forcibly established physical relations with her at her residence by threatening her that he would show her video and defame her Delay in filing FIR Improvements in statements made by prosecutrix and same lacks any specific details of incident of blackmailing - No particulars have been provided as to on which dates the accused committed the offending acts Mobile phone of the respondent was seized and examined and it did not reveal any offending video Prosecutrix admitted that she had not seen any video Evidence obtaining in the case leaves sufficient room for doubt as to the commission of the offence, as alleged Appeal dismissed.

Preponderance of probability (not beyond reasonable doubt as in the case of criminal offences)Negotiable Instruments Act...
11/03/2021

Preponderance of probability (not beyond reasonable doubt as in the case of criminal offences)
Negotiable Instruments Act, 1881 - Section 139 - Preponderance of probability - Under Section 139 of the Act, a presumption is raised that the holder of a cheque received the cheque for the discharge, in whole or in part, of any debt or other liability - To rebut this presumption, facts must be adduced by the accused which on a preponderance of probability (not beyond reasonable doubt as in the case of criminal offences), must then be proved

Section 125 CRPC  Maintenance The expenditure claimed by the wife is far less than the expenditure which has been claime...
10/03/2021

Section 125 CRPC Maintenance The expenditure claimed by the wife is far less than the expenditure which has been claimed under the corresponding heads by the husband - A comparative analysis of the expenditure items shown by the husband clearly establishes that the expenditure claimed by the wife is not on a higher side - Petition filed by the wife is liable to be allowed and the wife is, accordingly, held entitled to interim maintenance at the rate of Rs.50,000/- per month instead of Rs.24,000/

Pankaj vs Divya CRLRP 146/17 08/01/19 [ SANJEEV SOCHDEVA JJ

[ DELHI HIGH COURT

Hindu Marriage Act, Section 13(1)(ia) Divorce Cruelty on part of wife Incidents of cruelty alleged were solitary inciden...
09/03/2021

Hindu Marriage Act, Section 13(1)(ia) Divorce Cruelty on part of wife Incidents of cruelty alleged were solitary incidents relating to behavior of appellant Acts complained of were condoned by parties due to their subsequent conduct-No decree for divorce on one isolated incident can be passed There could be myriad reasons for causing such isolated incident Merely because both exchanged verbal conversation in presence of others would not be enough to constitute an act of cruelty unless it is further supported by some incidents of alike nature It was not so-It was respondent who withdrew from company of appellant without reasonable cause and not vice versa Appellant is entitled for decree for restitution of conjugal rights against respondent Impugned judgment set aside and decree for restitution of conjugal right passed against respondent.

Section 439 CRPC Section 376 IPC R**e.. Bail .. Compromise between parties Sexual assault on false pretext of marriage  ...
08/03/2021

Section 439 CRPC Section 376 IPC
R**e.. Bail .. Compromise between parties Sexual assault on false pretext of marriage Prosecutrix is stated to be residing in the matrimonial home as she has solemnized marriage with the petitioner Allegations in the FIR are serious but considering the fact that the prosecutrix has solemnized marriage with the petitioner and has not opted for medical examination, bail granted.

Divorce.. Mental Cruelty by wife
07/03/2021

Divorce.. Mental Cruelty by wife

04/03/2021

In fact, the number of persons visiting a Court complex – such as the Tiz Hazari Courts on any given day, may well be in excess of the number of persons visiting and thronging the hospital for treatment of patients.

04/03/2021

Delhi High Court on Vaccination to Judges, Staff and Advocates....

We, therefore, direct issuance of notice to the Secretary, Ministry of Health and Family Welfare, Government of India; the Principal Secretary, Ministry of Health and Family Welfare, GNCT of Delhi; the Serum Institute of India and; Bharat Biotech returnable on 04.03.2021 before Hon’ble the Chief Justice. Notice be issued to the Union of India and GNCT of Delhi through their respective standing counsels. Notice be issued to Serum Institute of India and Bharat Biotech through email. Along with the notice, the communication of Mr. Ramesh Gupta, Senior Advocate, Chairman, Bar Council of Delhi dated 01.03.2021, and a copy of this order shall accompany.

VIPIN SANGHI, J


REKHA PALLI, J
MARCH 03, 2021
N.Khanna

The Delhi High Court has ordered that in case of absence of any counsel on physical hearing dates, no adverse orders sho...
27/02/2021

The Delhi High Court has ordered that in case of absence of any counsel on physical hearing dates, no adverse orders should be passed by the district courts (Anil Kumar vs Hon'ble High Court of Delhi).

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Lawyers Chamber No. 608, Western Wing, District Court Tis Hazari
Delhi
110054

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Thursday 9am - 6pm
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I am looking for a lawyer to serve a Legal Notice to an employer (company based out in Noida), who has terminated my friend without any prior notice & now not willing to pay the his salary, as promised by him.
I can be reached at [email protected] . You can ping me as well.