Delhi High Court Case Commentaries

Indian Patent Claim Construction Must Be Holistic: “Characterized in that” Has No Special Status Under the Patents Act, 1970

Date: Jan 6, 2026

Indian Patent Claim Construction Must Be Holistic: “Characterized in that” Has No Special Status Under the Patents Act, 1970 Case: AUTOMAT IRRIGATION PVT. LTD. AND ORS v. AQUESTIA LIMITED & ANR....

Conviction Under Unframed IPC Charges Set Aside; POCSO Lesser-Offence Conviction Sustained on Reliable Child Testimony

Date: Jan 6, 2026

Conviction Under Unframed IPC Charges Set Aside; POCSO Lesser-Offence Conviction Sustained on Reliable Child Testimony 1) Introduction In DHARMENDRA KUMAR v. THE STATE GOVT. OF NCT OF DELHI (Delhi...

Section 311 Cr.P.C Recall Cannot Be Sought Merely Due to Change of Counsel: “New Counsel Steps Into the Shoes of Previous Counsel”

Date: Jan 6, 2026

Section 311 Cr.P.C Recall Cannot Be Sought Merely Due to Change of Counsel: “New Counsel Steps Into the Shoes of Previous Counsel” 1. Introduction The decision in SH. VIMAL GHAI v. SH. M. P. SHARMA...

Good-Faith Security Restraint on Private Premises Does Not Constitute Wrongful Restraint or Outraging Modesty (Delhi High Court)

Date: Jan 6, 2026

Good-Faith Security Restraint on Private Premises Does Not Constitute Wrongful Restraint or Outraging Modesty 1. Introduction In MANOJ MISHRA v. STATE & ANR. (2026 DHC 32), the Delhi High Court...

Bar Association Election Challenges: Writ Not Maintainable; Proximity-Card Possession (Not Scanning) Satisfies Lalit Sharma

Date: Jan 6, 2026

Bar Association Election Challenges: Writ Not Maintainable; Proximity-Card Possession (Not Scanning) Satisfies Lalit Sharma 1. Introduction The Delhi High Court in VIPIN KUMAR SHARMA v. THE RETURNING...

Section 311A Cr.P.C.: Proviso “Arrest” Condition Applies Only to Accused; Magistrate May Compel Specimen Signatures/Handwriting During Investigation and Treat “Court Bail” as Sufficient Arrest Nexus

Date: Jan 6, 2026

Section 311A Cr.P.C.: Proviso “Arrest” Condition Applies Only to Accused; Magistrate May Compel Specimen Signatures/Handwriting During Investigation and Treat “Court Bail” as Sufficient Arrest Nexus...

Passing Off Requires Goodwill Prior to Defendant’s First Use; Long Non‑Use and “Abandonment” Cannot, at Interim Stage, Defeat a Prior User with Subsisting Registration

Date: Jan 6, 2026

Passing Off Requires Goodwill Prior to Defendant’s First Use; Long Non‑Use and “Abandonment” Cannot, at Interim Stage, Defeat a Prior User with Subsisting Registration Case: SANA HERBALS PRIVATE...

Restoration, Not Full Parity: Pre‑2009 SFF PBOR Retirees Entitled Only to Revival of 45% Commuted Pension After 15 Years

Date: Jan 6, 2026

Restoration, Not Full Parity: Pre‑2009 SFF PBOR Retirees Entitled Only to Revival of 45% Commuted Pension After 15 Years 1. Introduction Case: Ex-Servicemen Welfare Union v. Union of India AND ORS....

Minor Discrepancies in Counting/Serial Numbers Do Not Vitiate Seizure of Counterfeit Currency When Chain of Custody Is Intact; Section 108 Customs Statement as Substantive Corroboration for Section 489C IPC

Date: Jan 6, 2026

Minor Discrepancies in Counting/Serial Numbers Do Not Vitiate Seizure of Counterfeit Currency When Chain of Custody Is Intact; Section 108 Customs Statement as Substantive Corroboration for Section...

Stay of SEP-Damages Money Decrees: Deposit Not Mandatory; Bank Guarantee Appropriate Where Quantum Rests on Unfounded Assumptions (Order XLI Rule 5 CPC)

Date: Jan 6, 2026

Stay of SEP-Damages Money Decrees: Deposit Not Mandatory; Bank Guarantee Appropriate Where Quantum Rests on Unfounded Assumptions (Order XLI Rule 5 CPC) 1. Introduction This Delhi High Court Division...

BSF Seniority of Direct Recruits: “Continuous Regular Appointment” Prevails Over Batch Merit Where Joining Is Delayed

Date: Jan 6, 2026

BSF Seniority of Direct Recruits: “Continuous Regular Appointment” Prevails Over Batch Merit Where Joining Is Delayed 1. Introduction In JAI MANGAL RAI v. UNION OF INDIA AND ORS. (Delhi High Court,...

NDPS Absconders Cannot Be Declared “Proclaimed Offenders” Under Section 82(4) CrPC: They Remain “Proclaimed Persons”, Though Cognizance Under Section 174A IPC Still Lies

Date: Jan 6, 2026

NDPS Absconders Cannot Be Declared “Proclaimed Offenders” Under Section 82(4) CrPC: They Remain “Proclaimed Persons”, Though Cognizance Under Section 174A IPC Still Lies 1. Introduction In AVINASH...

Women Accused Under PMLA: Proviso to Section 45 Relaxes Twin Conditions; Bail Governed by General Principles

Date: Dec 28, 2025

Women Accused Under PMLA: Proviso to Section 45 Relaxes Twin Conditions; Bail Governed by General Principles Case: SANDEEPA VIRK v. DIRECTORATE OF ENFORCEMENT Citation: 2025 DHC 12026 Court: Delhi...

Counter-Prosecutions against Sexual Harassment Complainants: Delhi High Court on Section 195 CrPC, Data Entrustment and Defamation in Rajan Sareen v. State (NCT of Delhi)

Date: Dec 16, 2025

Counter-Prosecutions against Sexual Harassment Complainants: Delhi High Court on Section 195 CrPC, Data Entrustment and Defamation in Rajan Sareen v. State NCT of Delhi & Ors. I. Introduction The...

Acquiescence, Descriptive Use and Similar Goods under Indian Trademark Law: Commentary on Leayan Global Pvt Ltd v. Bata India Ltd

Date: Dec 16, 2025

Acquiescence, Descriptive Use and “Similar Goods” in Trademark Infringement: A Detailed Commentary on Leayan Global Pvt Ltd v. Bata India Ltd 1. Introduction The Division Bench of the Delhi High...

Extension of NDPS Investigation Without Producing the Accused is Void: Default Bail as an Article 21 Right under BNSS – Commentary on Jaivardhan Dhawan v. NCB

Date: Dec 15, 2025

Extension of NDPS Investigation Without Producing the Accused is Void: Default Bail as an Article 21 Right under BNSS I. Introduction The Delhi High Court’s decision in Jaivardhan Dhawan v. Narcotics...

Darshan Mohar v. State of NCT of Delhi: POCSO Presumptions, Victim Testimony and Protocols for DNA Preservation of Product of Conception

Date: Dec 13, 2025

Darshan Mohar v. State of NCT of Delhi: POCSO Presumptions, Victim Testimony and Protocols for DNA Preservation of Product of Conception 1. Introduction The judgment of the Delhi High Court in...

Zee v. Mohalla Tech: Territorial Jurisdiction in Online Copyright Infringement Independent of Contractual Exclusive Forum Clauses

Date: Dec 10, 2025

Zee Entertainment Enterprises Ltd v. Mohalla Tech Pvt Ltd (2025 DHC 11002): Territorial Jurisdiction in Online Copyright Infringement Independent of Contractual Exclusive Forum Clauses 1....

Non-Consummation, Denial of Conjugal Relations and Post-Decree Remarriage: Mental Cruelty and Appellate Restraint in Shikha Kumari v. Ravikant Ravi

Date: Dec 10, 2025

Non-Consummation, Denial of Conjugal Relations and Post-Decree Remarriage: Mental Cruelty and Appellate Restraint in Shikha Kumari v. Ravikant Ravi I. Introduction The Delhi High Court’s decision in...

Borrower’s Consent as Waiver of SARFAESI Auction Formalities and Validity of NPA Classification on the 90th Day: Commentary on CANARA BANK (Erstwhile Syndicate Bank) v. Karishma Enterprises & Ors., 2025 DHC 10911-DB

Date: Dec 10, 2025

Borrower’s Consent as Waiver of SARFAESI Auction Formalities and Validity of NPA Classification on the 90th Day: Commentary on CANARA BANK (Erstwhile Syndicate Bank) v. Karishma Enterprises & Ors.,...