Delhi High Court Issues Notice On PIL To Criminalize Sexual Offences Against Transgender Women, Children; Says Prima Facie Only Parliament Can Do It

The Delhi High Court on Wednesday issued notice on a plea seeking inclusion of transgender women and transgender children as victims in relation to the chapter concerning sexual offences against women and children under the Bharatiya Nyaya Sanhita, 2023. A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela sought response of the Union Government and listed the matter for hearing in December. The Court also appointed Senior Advocate N Hariharan as amicus curiae in...

'You Can't Put Such Gag Orders': Delhi High Court Seeks SSC's Response On PIL Against Ban On Post-Exam Discussions

The Delhi High Court on Wednesday issued notice on a PIL challenging a notification issued by the Staff Selection Commission (SSC) barring discussion, analysis or circulation of already conducted SSC examination question papers on social media platforms.A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela sought response of Union of India through Department of Personnel and Training and SSC and listed the matter for hearing in November. The plea has been moved by...

'Sheer Wastage Of Time': Delhi High Court Rejects PIL Against Projection Of BCCI Team As 'Team India'

The Delhi High Court on Wednesday (October 8) dismissed a PIL seeking to restrain Prasar Bharati, which operates Doordarshan and All India Radio (AIR), from projecting the Board of Control for Cricket in India (BCCI) team as the “Indian National Cricket Team” or “Team India.”Filed by lawyer Reepak Kansal, the plea argued that such portrayal misleads the public and violates laws governing the use of national symbols. “This is sheer wastage of Court's time and your time,” a division bench...

Mere Withdrawal Of Suit Pursuant To Compromise Doesn't Culminate Into Executable Decree: Delhi High Court

The Delhi High Court has held that mere withdrawal of a suit, even pursuant to a compromise, does not in itself culminate into an executable decree unless the compromise is expressly recorded by way of an order and a decree is drawn under Order XXIII Rule 3 of CPC.The provision authorises the Court to pass a decree on a compromise.Justice Purushaindra Kumar Kaurav held,“There are preconditions to the execution of a compromise decree. While the compromise or MoU remains binding inter se the...

Delhi High Court Issues Summons To Netflix, Others In Sameer Wankhede's Defamation Suit Against Series 'Ba***ds of Bollywood'

The Delhi High Court on Wednesday (October 8) issued summons in a defamation suit filed by IRS Officer Sameer Wankhede against Red Chillies Entertainment, Netflix and others over his allegedly defamatory portrayal in the new Netflix series “Ba***ds of Bollywood” directed by Aryan Khan.Justice Purushaindra Kumar Kaurav also issued notice on the application for interim relief and listed the matter for further consideration on October 30. Appearing for Wankhede, Senior Advocate Sandeep Sethi...

[Finance Act] Retrospective Abolition Of ITSC Doesn't Nullify Settlement Applications Filed Between Feb 1 To Mar 31, 2021: Delhi High Court

The Delhi High Court has held that the Finance Act 2021, which retrospectively abolished the Income Tax Settlement Commission (ITSC), responsible for enabling compromise between the state and its tax payers, cannot create a void.For context, the Finance Act 2021 envisaged replacing the ITSC with a body known as the Interim Board of Settlements from 01.02.2021. However, the Act came into force...

Delhi High Court Asks GST Appellate Tribunal To Examine 'Profiteering' Allegations Against Tata Play

The Delhi High Court recently asked the GST Appellate Tribunal to re-look into the profiteering allegations levelled against DTH services provider Tata Play.The direction was made by a division bench comprising Justices Prathiba M. Singh and Shail Jain while dealing with the company's appeal against the show cause notice and consequential order passed against it by the erstwhile...

Delhi High Court Warns Against Misuse Of Pleas Over Unauthorized Constructions, Fines Litigant ₹50K For 'Arm Twisting'

The Delhi High Court yesterday warned against the misuse of petitions being filed by unscrupulous persons alleging unauthorized constructions, underscoring that only those directly affected can file such pleas.Justice Mini Pushkarna imposed Rs. 50,000 costs on a litigant since no steps were taken by him to seek possession of the property situated in Jamia Nagar area in which he...

Persons Holding Director Positions In IGNOU Not Teachers, Cannot Seek Benefit Of Enhanced Superannuation Age: Delhi High Court

The Delhi High Court has held that persons holding various positions of Directors in the Indira Gandhi National Open University are not 'teachers' and thus cannot claim the benefit of enhanced superannuation age of 65 years which is prescribed for teachers.A division bench comprising Justices C. Hari Shankar and Ajay Digpaul observed that an Ordinance was “assumed” to have been promulgated...

Delhi High Court Imposes ₹25K Costs On Litigant For Delay Tactics In 21 Year Old Property Dispute

The Delhi High Court has imposed costs of Rs. 25,000 on a litigant for filing a revision petition seeking to delay adjudication in a 21 year old property dispute which is at final stage of hearing before the trial court. Justice Tara Vitasta Ganju dismissed the plea filed by one Krishna Devi, respondent in the suit, challenging the dismissal of her application filed under Order VII Rule 11(d)...

Delhi High Court Sets Aside 'Single Line Order' Of Trademark Registry, Says Any Decision Without Hearing Violates Natural Justice

The Delhi High Court has set aside an order of the Trademark Registry, observing that it was passed in a haste, contained only a single sentence without giving the affected party an opportunity to be heard. Justice Tejas Karia said that any decision without affording an effective hearing opportunity, without giving reasons is contrary to the fundamental tenets of natural justice. “It...

Delhi High Court Refers To Arbitration Dispute Over Rights In Parabhas-Starrer 'The Raja Saab'

The Delhi High Court has referred to arbitration the dispute between People Media Factory Private Limited and IVY Entertainment Private Limited over rights in the Telugu film “The Raja Saab” starring actor Prabhas.Justice Tejas Karia noted that both the companies, by mutual consent, agreed to refer their suits concerning copyright and IPR in the film to arbitration after entering into...