Delhi High Court
'For The Love Of Dogs': Delhi High Court Quashes Cross FIRs Between Pet Owners, Asks Them To Contribute To Dog Shelter
The Delhi High Court has quashed two assault FIRs between neighbours due to disagreement and unsavoury scuffle escalated during a routine dog-walk, after a settlement was arrived between them. Justice Arun Monga asked the parties to Pay Rs. 10,000 each, “for the love of their pets”, as costs to a dog shelter maintained and run by “Unity for Stray Animal Foundation.”The counsel appearing for the petitioners submitted that there was a serious misunderstanding on the part of their clients that led...
Trademark | Territorial Jurisdiction Can't Be Created On Basis Of Website Which Doesn't Permit Sale Of Allegedly Infringing Product: Delhi HC
The Delhi High Court has made it clear that mere access of a “passive” website, offering for sale products allegedly infringing the trademark of a registered proprietor, is not sufficient to confer territorial jurisdiction on it.Justice Amit Bansal ruled that in the absence of proof of sale in Delhi or commercial transaction executed through the said website, it cannot assume jurisdiction on products/ parties based out of Uttar Pradesh. It observed,“It is evident that the website of the...
'Lackadaisical': High Court Raps Delhi Police For Failure Of IOs To Produce Case Files In Bail Matters, Asks Police Commissioner To Act
The Delhi High Court has rapped the Delhi Police for failure of the investigating officers (IO) in producing case files and not briefing the prosecutors in bail matters, while asking the Commissioner of Police to act on the issue. Justice Girish Kathpalia said that copies of similar orders highlighting the lapse have been sent repeatedly to the concerned DCPs to streamline the system, “but to no avail.”The Court said that it has been directed repeatedly that in bail matters, the...
Widowed Daughter-In-Law Entitled To Maintenance From Deceased Father-In-Law's Coparcenary Property, Not Personal Property: Delhi High Court
The Delhi High Court has ruled that a daughter-in-law, who becomes a widow after the demise of her father-in-law, is entitled to claim maintenance from the estate derived from his coparcenary property.A division bench comprising Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar said that even if the father-in-law owns significant separate or self-acquired assets, the duty to maintain arises only from the coparcenary property which would subsequently form a part of his estate...
Delhi High Court Defers Verdict On DU's Plea Against Disclosure Of Information About PM Modi's Degree
The Delhi High Court today deferred for Monday pronouncement of verdict on a plea filed by the Delhi University (DU) challenging an order of the Central Information Commission (CIC) directing disclosure of information with respect to the bachelor's degree of Prime Minister Narendra Modi.Justice Sachin Datta did not hold the Court today as he was sitting in the UAPA tribunal. The court master informed the counsel that the pronouncement will be deferred for August 25. DU filed the plea in 2017...
Non-Participating Entity Can Challenge Tender Within Reasonable Time, Delay Leads To Escalating Project Costs: Delhi High Court
The Delhi High Court today held that a non-participating entity may in some cases be entitled to challenge an infrastructure tender but, such challenge has to be raised within a reasonable time.A division bench of Chief Justice Devender Kumar Upadhyay and Justice Tushar Rao Gedela observed,“Such of those entities/bidders who do participate in the tender may also, depending upon the facts of each case, be entitled to prefer a writ petition which too must be filed within a reasonable period of...
'We've Been Reduced To Municipal Commissioners': Delhi High Court Raps PWD For Ignoring Drainage Issues In Tihar Jail
The Delhi High Court on Wednesday questioned the Public Works Department (PWD) of the Delhi Government over unclean sewer lines in Tihar jail, remarking that the Court has been “reduced to municipal commissioners.”A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela was hearing a PIL filed by a life convict, Sonu Dahiya, highlighting “unhygienic living conditions” in the Tihar jail due to drainage issues.During the hearing, the Executive Engineer of PWD appeared...
'One Life Lost, What Can Be More Eye-Opening For MCD?': Delhi High Court Orders Pruning Of Trees In Dwarka
The Delhi High Court on Wednesday directed pruning of trees in Dwarka here, underscoring that several incidents of falling of trees causing damage to life and property are reported during the monsoon and heavy rains. A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela directed the Municipal Corporation of Delhi (MCD) and Public Works Department (PWD) to conduct a survey of Dwarka region to find out which trees are required to be pruned. “It is common knowledge...
Disciplinary Action Against BSF Constable Diagnosed With Psychosis Is Valid Unless Medically Declared Unfit For Trial: Delhi High Court
The Delhi High Court has upheld the dismissal of a BSF Constable, placed under 'low medical category' after being diagnosed with acute psychosis, for outraging the modesty of a fellow constable's wife.A division bench of Justices C.Hari Shankar and Ajay Digpaul observed that in the absence of any medical opinion declaring him unfit for trial, the disciplinary proceedings cannot be invalidated particularly for an offence like the one in question, which “strikes at the very foundation of...
Being 'Sick And Infirm' Not Automatic Passport For Bail In PMLA, Medical Plea Can't Override Gravity Of Offence: Delhi High Court
Underscoring that being “sick and infirm” is not an automatic passport for bail in PMLA cases, the Delhi High Court has observed that medical plea cannot override the gravity of offence of money laundering. Justice Ravinder Dudeja observed that illness warrants bail only when treatment in custody is clearly inadequate. “Therefore, the medical plea cannot override the gravity of the offence, societal interest, and the statutory rigour governing such matters,” the Court said. The judge made the...
Mere Delay In Uploading Demand Order On GST Portal Doesn't Make Action Time Barred If Service Via Email Is Proved: Delhi High Court
The Delhi High Court recently observed that usually there is a gap between the passing of a demand order by the GST Department and uploading of Form DRC-07 (summary of order) on the official portal.A division bench of Justices Prathiba M. Singh and Shail Jain however refused to infer such a gap as rendering the demand order time-barred, in view of the fact that the demand was served upon...
Failure To Frame Counter Claim As An Additional Issue When It Forms Part Of Pleadings Is Patently Illegal: Delhi High Court
The Delhi High Court Bench of Justice Jasmeet Singh has observed that once the reasons/basis for a counter claim, the amount and computation of the counter claim had been made in the Reply, it does not matter if there is no specific prayer in the prayer clause. In such a scenario, an arbitral award refusing to frame an issue for the counter claim would be patently illegal and would...