Delhi High Court
Complainant Declining Medical Examination Despite Alleging Sexual Assault Can Weaken Prosecution Case: Delhi High Court
The Delhi High Court has observed that refusal of the prosecutrix to undergo medical examination despite alleging serious sexual assault can weaken the prosecution's case.Justice Ravinder Dudeja made the observation while dealing with the anticipatory bail plea of the accused.The bench noted that in the FIR the prosecutirx had alleged threats and abusive conduct and did not disclose...
Bar On Revision Of Interlocutory Order U/S 438(2) Of BNSS Can't Be Bypassed By Invoking Inherent Jurisdiction: Delhi High Court
The Delhi High Court has held that the bar prescribed under Section 438(2) of the Bhartiya Nyay Surakhsha Sanhita 2023 against revision of interlocutory orders cannot be bypassed by invoking the High Court's inherent powers.Justice Girish Kathpalia observed, “What is prohibited by law cannot be done by invoking inherent powers, as that would be allowing backdoor entry to the relief...
Delhi High Court Orders Lava To Pay ₹20 Crore Pro Tem Deposit In Patent Infringement Suit By Dolby Over Breach Of 'FRAND' Obligations
In a major setback for Indian mobile company Lava, the Delhi High Court has ordered a pro tem deposit of over ₹20 crore, in the patent infringement suit filed by Europe based audio/video processor Dolby International.In doing so, Justice Amit Bansal deprecated Lava's conduct during negotiations with Dolby— amounting to 'patent holdout'.“Throughout the negotiations that were carried out...
Delhi High Court Issues Summons On Trademark Infringement Suit By Footwear Brand Campus Against Apparel Brand Campus Sutra
The Delhi High Court has issued summons on a trademark infringement and passing off suit filed by footwear brand Campus against online apparel wear brand Campus Sutra.The dispute primarily pertains to standalone usage of mark 'Campus' by the latter.Justice Amit Bansal has asked the company to file its reply within four weeks and has listed the matter on November 10.Meanwhile, Campus Sutra...
Delhi High Court Explains Scope Of 'Pro Tem' Orders In Patent Infringement Suit Against Mobile Company 'Lava'
The Delhi High Court recently had the occasion to discuss in detail the scope of a pro tem order, while dealing with Europe based audio/video processor Dolby International's suit against alleged patent infringement by Indian mobile phone company Lava.A pro tem order is an extraordinary relief granted by Courts which operate till the time an application for interim injunction is decided by...
Delhi High Court Quashes Charges Against Indian Nationals For Sheltering Tablighi Jamaat Attendees During COVID-19
The Delhi High Court on Thursday quashed 16 cases registered against 70 Indian nationals accused of sheltering attendees of Tablighi Jamaat congregation in their homes or mosques during COVID-19. Justice Neena Bansal Krishna quashed the chargesheets registered against the Indian nationals and disposed of their pleas seeking quashing of 16 FIRs registered against them. ”Chargesheets...
Delhi High Court Issues Notice On Plea To Recognize Patient's Same-Sex Partner As Medical Representative
The Delhi High Court on Thursday issued notice on a plea seeking framing of guidelines to recognise non-heterosexual partner of a patient as their medical representative and to give consent in medical situations.Justice Sachin Datta sought response of Union Ministries of Health and Family Welfare, Law and Justice and Justice and Empowerment as well as National Medical Commission. The plea...
Employer Can't Escape Liability If Employee Is Compelled To Disclose 'Defamatory' Reason For Termination In Job Search: Delhi High Court
The Delhi High Court has interpreted the doctrine of “compelled self-publication” in matters of defamation and has observed that employers cannot evade the liability under defamation law by using confidential correspondence as a shield.Justice Purushaindra Kumar Kaurav said that the the doctrine, though an exception to traditional principles, represents a reasoned and equitable development...
Delhi High Court Issues 'Real Time' Injunction Restraining Entities From Misusing Reliance's Tira Trademark To Commit Financial Scams
The Delhi High Court has issued interim directions restraining infringement of Reliance Retail's Tira trademark in the beauty and personal care sector and its misuse to commit financial scams.Noting that the defendant had been employing numerous rogue mobile numbers to hide the true identity of the entity(s) involved, Justice Saurabh Banerjee granted real time relief to the plaintiff against...
After High Court Rap, Delhi Police Assures Production Of Case Diaries By All Investigating Officers
After Delhi High Court rap, the Delhi Police has assured the Court that henceforth all the investigating officers shall produce the case diaries of the case for judicial examination. This was after Justice Girish Kathpalia, in yet another case, noted that the investigating officer had not brought the original investigation file containing Case Diaries. “Only a photocopy of investigation...
CBI Can't Seek Demand Draft Of Suspected Proceeds Of Crime U/S 91 CrPC: Delhi High Court
The Delhi High Court has held that Section 91 of CrPC, which empowers the Police to seek production of 'any document or other thing' desirable for the purposes of investigation, cannot be used to seek a demand draft of the amount suspected to be proceeds of crime.Justice Neena Bansal Krishna observed,“There are established means and procedures in place to secure/attach the suspected proceeds...
Delhi High Court Imposes ₹20K Costs On Woman For 'Casually' Filing Sexual Assault Case Against Live-In Partner
The Delhi High Court has imposed Rs. 20,000 costs on a woman for filing a sexual assault case against her live-in partner, observing that such a complaint cannot be permitted to be filed in a casual or reckless manner.Justice Swarana Kanta Sharma noted that the complainant admitted to having lodged the complaint under some misunderstanding, despite being in a longstanding relationship with...