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 that has remained unfilled, without reason, where an eligible candidate exists, who is promoted at a later...

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 of publishing certain information on some occasions does not dilute the legal protection accorded to...

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 the RTI Act, subject to an assessment of overriding public interest,” Justice Sachin Datta said. The Court made...

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 Minister Narendra Modi is also stated to have cleared the examination. The order was stayed on the first date...

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...

Delhi High Court Holds 12 Men Guilty Of Criminal Contempt For Assaulting Lawyers In Kolkata

The Delhi High Court has held 12 men guilty of criminal contempt for assaulting 11 lawyers appointed as Court Commissioners in Kolkata in 2015. A division bench comprising Justice Subramonium Prasad and Justice Harish Vaidyanathan Shankar imposed fine of Rs.2,000 on each of the Contemnors and sentenced them to undergo simple imprisonment for one day.Though all the contemnors tendered...

DHCBA Condemns Delhi LG Notification Allowing Recording Of Police Officials' Evidence From Police Stations

The Delhi High Court Bar Association (DHCBA) has condemned a notification issued by the Delhi Lieutenant Governor (LG) VK Saxena declaring video conferencing rooms in police stations as designated places for recording of evidence. The DHCBA has passed a resolution on August 22 saying that the notification issued on August 13 must be withdrawn as it is against the basic tenets of justice and...

'No Conscious Possesion': Delhi High Court Quashes FIR Against Man Who Carried Father's Cartridges From 1971 Indo-Pak War

The Delhi High Court has quashed an FIR registered under the Arms Act against a man who unknowingly carried cartridges belonging to his late father who served in the Indian Army in the Indo-Pak War in 1971, terming it “no conscious possession.”Justice Neena Bansal Krishna said there was no criminal intent on his part, that the presence of the cartridges was without his knowledge and he...

'How Can You Charge Customers Above MRP? Why Is Extra Amount Not Part Of Service Charge?' Delhi High Court Asks Restaurant Body

The Delhi High Court on Friday questioned the National Restaurant Association of India (NRAI) as to how the hotels and restaurants can charge customers for a food item over and above the MRP, and why the extra amount does not form part of the service charge- which is charged as a separate category.The query came from a division bench comprising Chief Justice DK Upadhyaya and Justice Tushar...