Domestic Violence Offences With Intention To Kill Must Be Viewed With Seriousness, Marriage Not Mitigating Factor: Delhi High Court

The Delhi High Court has ruled that the offences of domestic violence with the intention to kill must be viewed with seriousness and marital relationship is not a mitigating factor in such cases.“Offences of domestic violence of such nature where the intention is to kill are to be viewed with seriousness and the marital relationship in such cases would be treated as aggravating and...

Woman's Right To Reside In Shared Household Can't Act As Sword To Create Proprietary Rights: Delhi High Court

The Delhi High Court has ruled that a woman's right to reside in a shared household under Section 17 of the Domestic Violence Act cannot act as a sword to create proprietary rights.“…the protection under Section 17(1) of the Act, 2005 acts as a shield against unlawful dispossession of a woman, not as a sword to create proprietary rights,” a division bench comprising Justice Anil...

'Greedy Investors Pumping Money Into Unsustainable Ventures Distort Market Balance, Must Be Prepared For Consequences': Delhi HC In Cheating Case

The Delhi High Court has held that investors, who gamble their money with impractical promises of “unbelievably high returns”, must own their risks instead of running to the State and crying foul when they face loss.“It may sound brutal but seems fair: if you choose greed, you choose risk; and if you choose risk, you choose consequences…Easy money is a trap. If the returns...

Import Of Counterfeit iPhones Dilutes Brand Equity, Affects Consumer Welfare: Delhi High Court In Customs Fraud Case

The Delhi High Court has expressed concern over alleged import of counterfeit iPhones, stating that such imports not only affect brand owners but also adversely affect consumer welfare— as old and used products could get re-branded as new ones.A division bench of Justices Prathiba M. Singh and Shail Jain thus observed,“Consumers in India may be made to pay more for used, second hand...

No Right To Ante-Dating Of Promotion Merely Because Post Remained Unfilled Despite Availability Of Eligible Candidate: Delhi High Court

The Delhi High Court has made it clear that an employee cannot claim right to antedating of promotion merely because he was promoted at a later point in time, keeping the vacant post unfilled without providing reasons.A division bench of Justices C. Hari Shankar and Ajay Digpaul observed,“At the outset, we reject the argument that a right to ante-dating of promotion arises in case a post...

Delhi High Court Sets Aside CIC Order Asking CBSE To Allow Inspection Of Former Minister Smriti Irani's Class 10, 12 Records

The Delhi High Court on Monday set aside an order passed by the Central Information Commission (CIC) asking CBSE to allow inspection of class X and XII records of former Union Minister Smriti Irani. Justice Sachin Datta observed that the right to information conferred under Section 3 of the RTI Act is not absolute but is subject to the exemptions enumerated under Section 8(1).“The mere act...

Educational Qualifications, Degrees Are 'Personal Information', Can't Be Disclosed Under RTI Act: Delhi High Court In PM Modi Degree Case

The Delhi High Court on Monday ruled that information pertaining to an individual's educational qualifications, including degrees and marks, is “personal information”, exempted from disclosure under the RTI Act.“Thus, it is unambiguously clear that the 'marks obtained', grades, and answer sheets etc. are in the nature of personal information and are protected under Section 8(1)(j) of...

Delhi High Court Sets Aside CIC Order Directing Disclosure Of Information On PM Modi's Degree

The Delhi High Court has set aside an order of the Central Information Commission (CIC) directing the Delhi University (DU) to disclos information with respect to the bachelor's degree of Prime Minister Narendra Modi.Justice Sachin Datta allowed DU's plea filed in 2017 against CIC's order which allowed inspection of records of the students who had passed BA programme in 1978, when Prime...

Mankind Pharma Entitled To Higher Protection Over "Kind" Family Marks: Delhi High Court Orders Removal Of 'Unkind' Trademark

The Delhi High Court has held that pharmaceutical company Mankind Pharma Limited is entitled to higher protection for “Kind” family marks, while ordering removal of “Unkind” mark from the Register of Trademarks. Justice Tejas Karia observed that merely changing the first part of the Impugned Trade Mark and using the “distinguishing family name or characteristic” is likely to...

Misrepresentation Of Marital History Amounts To Suppression Of Facts, Renders Subsequent Marriage Voidable: Delhi High Court

The Delhi High Court has ruled that a misrepresentation of one's marital history is not a trivial omission but a clear suppression of facts going to the root of a marriage, which renders a subsequent marriage voidable under Section 12 of the Hindu Marriage Act.“Its concealment strikes at the very core of free and informed consent, rendering the marriage voidable under Section 12(1)(c) of...

'Yatra' Is A Generic Word, Can't Be Declared Well-Known Mark: Delhi High Court Denies Interim Injunction To Travel Company

The Delhi High Court has ruled that the word “Yatra” is a generic and descriptive word, over which no monopoly can be claimed by travel company Yatra Online Limited. Justice Tejas Karia said that though the mark 'YATRA' is dominant, but the travel company cannot claim monopoly over it as the same is generic and commonly descriptive for the service of travel and tourism.The Court dismissed...

Delhi High Court Orders Blocking Of Sci-Hub, Mirror Websites In India In Publishers' Copyright Infringement Suit

The Delhi High Court has ordered blocking of shadow library website Sci-Hub and its mirror websites in India in a copyright infringement suit filed by publishing houses Elsevier, Wiley and American Chemical Society.Justice Manmeet Pritam Singh Arora directed the DoT and Union Ministry of Information and Technical to issue a notification calling upon the various internet and telecom...