Delhi High Court
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...
High Court Seeks Response Of Centre, Delhi Govt On PIL Alleging Traffic Violations By E-Commerce Delivery Riders
The Delhi High Court on Wednesday has sought response of the Central Government and Delhi Government on a public interest litigation alleging traffic violations by e-commerce platform delivery personnel. A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela directed the Union Ministry of Road Transport and Highways, Delhi Government's transport department and...
India-UK DTAA | Consideration For Availing Services That Require Technical Expertise Not FTS Unless Recipient Absorbs Technology: Delhi HC
The Delhi High Court has made it clear that consideration paid for merely availing services that require technical expertise would not qualify as 'Fees for Technical Service' under Article 13 of the India-UK DTAA.A division bench of Justices Vibhu Bakhru and Tejas Karia observed that unless the recipient absorbs the technology and exploits it independently, it cannot qualify as 'FTS' which...
Delhi High Court Orders Wipro To Pay ₹2 Lakh To Employee For Defamatory Remarks In Termination Letter
The Delhi High Court has expunged defamatory remarks made against the character of an employee working with Wipro Limited from his termination letter. Justice Purushaindra Kumar Kaurav also awarded Rs. 2 lakh compensatory damages in favour of the employee to redress the reputational harm, emotional hardship and loss of his professional credibility. “Further, a fresh termination letter shall...
Penalty U/S 122(1A) GST Act Can Be Imposed Retrospectively Even If SCN Was Issued After Its Enactment: Delhi High Court
The Delhi High Court has made it clear that Section 122(1A) of the Goods and Services Tax Act 2017 can be imposed retrospectively, provided the show cause notice had been issued to the assessee when the provision was introduced.Section 122 contemplates penalties for certain offences under the GST Act, including fraudulent availment of input tax credit.Section 122(1A) was introduced by the...