Delhi High Court
Mandatory To Implead Alleged Paramour Of Spouse When Seeking Divorce On Grounds Of Adultery: Delhi High Court
The Delhi High Court has held that it is not only necessary but mandatory to implead the alleged paramour of one's spouse when seeking divorce on the ground of adultery.A division bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar observed,“The procedural framework governing such (divorce) petitions requires that full particulars of the alleged matrimonial offence (adultery)...
Working “For” An Organisation Cannot Be Equated With Working “In” It For Eligibility In Recruitment Process: Delhi High Court
The Delhi High Court has held that working 'for' an organization cannot be equated with working 'in' an organization”, and 'employment' and 'empanelment' are to be treated differently when interpreting recruitment rules.Justice Manoj Jain, while dealing the plea of an Assistant Director (Legal) in Bureau of Indian Standards, held,"Undoubtedly, the key words appearing in the advertisement...
Delhi High Court Reserves Order On Gautam Gambhir Foundation's Plea To Quash COVID Drugs Hoarding Case
The Delhi High Court on Friday reserved order on a plea filed by Indian cricket team head coach Gautam Gambhir, his foundation and its members seeking quashing of a case involving allegations of hoarding and unlicensed distribution of drugs during the second wave of COVID-19 pandemic.Justice Neena Bansal Krishna reserved the verdict after hearing Advocate Jai Anant Dehadrai appearing for...
Delhi High Court Blocks Fraudulent Websites Collecting Money Under 'Burger King' Trademark
The Delhi High Court has observed that the illegal use of “Burger King” trademark or collecting money under the name of the American multinational fast food restaurant chain is not permitted. Justice Prathiba M Singh ordered suspension of three domain names, two email addresses and directed blocking of three websites engaged in committing fraud by collecting money using Burger King's name...
Matrimonial Dispute Is No Grounds To Deny Family Pension To Wife Upon Husband's Death: Delhi High Court
The Delhi High Court has made it clear that a wife cannot be denied family pension upon her husband's death, merely because they had an ongoing matrimonial dispute.A division bench of Justices Navin Chawla and Madhu Jain observed,“The very fact that the petitioner had filed an application seeking maintenance from the deceased, shows that there were some matrimonial disputes between...
Delhi High Court Rules In Favour Of Haveli Restaurants, Asks 'Punjabi Haveli' To Remove Ads From Third Party Websites
Ruling in favour of famous Haveli Restaurant and Resorts, the Delhi High Court has recently asked a Ludhiana based company running under the name “Punjabi Haveli” to refrain from using “Haveli” marks and to remove its advertisements or listings from third party websites. Justice Manmeet Pritam Singh Arora directed Punjabi Haveli to remove its board or hoarding or display material...
Hindu Marriage Can't Be Dissolved By Signing Marriage Dissolution Deed In Front Of Villagers: Delhi High Court
The Delhi High Court has held that a Hindu marriage cannot be dissolved by signing a marriage dissolution deed in front of villagers or “social people and witnesses.”A division bench comprising Justice C Hari Shankar and Justice Om Prakash Shukla said: “We are unaware of any law or principle by which a duly solemnized Hindu marriage can be dissolved by signing a marriage dissolution deed...
'Common Area Maintenance Charge' Paid To Mall By Showroom Is Not Rent, Not Liable To TDS U/S 194-I Income Tax Act: Delhi High Court
The Delhi High Court has held that the Common Area Maintenance Charge (CAM) paid by a showroom owner to the mall does not qualify as 'rent' and is not liable to TDS under Section 194I of the Income Tax Act 1961.Section 194I stipulates that TDS applies if the total rent paid or payable in a financial year exceeds a specified limit.A division bench of Justices V. Kameswar Rao and Vinod...
Delhi High Court Rejects Centre's Plea Against Direction To Grant Promotion To IRS Officer Sameer Wankhede If Found Eligible
The Delhi High Court has dismissed Central Government's plea against a direction to grant promotion to IRS officer Sameer Wankhede if he is found suitable by the UPSC.A division bench comprising Justice Navin Chawla and Justice Madhu Jain upheld the order of the Central Administrative Tribunal and asked the Union Government to comply with the direction within four weeks. Vide the impugned...
Delhi High Court Asks Trial Court To Defer Hearing On Charge In Case Against Kapil Mishra Over 'Communal Tweets'
The Delhi High Court has asked the Trial Court to defer hearing on the point of charge in a case registered against BJP Minister Kapil Mishra in relation to an FIR filed against him in 2020 over his tweets that the AAP and Congress parties had created a “mini Pakistan” at Shaheen Bagh and that the then Assembly polls would be a contest between “India and Pakistan”.Justice Ravinder...
Use Of Full Name Not Mandatory To Avail Protection U/S 35 Trademarks Act: Delhi High Court
The Delhi High Court has held that the benefit of Section 35 of the Trade Marks Act 1999, which proscribes any injunction being granted against the use by the defendants of his/ her name as a trademark, is not restricted to use of full name by the defendant.“Section 35 places no such limitation,” observed a division bench of Justices C. Hari Shankar and Om Prakash Shukla.The Court was...