Delhi High Court
Delhi High Court Issues Ex-Parte Interim Injunction On Piruz Khambatta's Plea Against Unauthorised Use Of 'Rasna'
The Delhi High Court recently issued an ex parte ad interim injunction in favour of Piruz Khambatta, Chairman of Rasna Group and Ambassador of the government's Make In India initiative, on his plea against Franchise India Brands Limited.The pan Asia franchise solution provider has been restrained from infringing the trademark 'Rasna'— a soft drink concentrate brand since the year 1972,...
High Court Seeks Response From Centre, Delhi Govt On PIL Alleging 'Huge' Case Pendency Before Juvenile Justice Boards
The Delhi High Court on Wednesday issued notice on a public interest litigation alleging huge pendency before the Juvenile Justice Boards in the national capital and non-implementation of the Juvenile Justice Act 2015.A division bench comprising Chief Justice dk Upadhyaya and Justice Tushar Rao Gedela sought response of the Union Government, Delhi Government, National Commission for Protection...
'Authorities Are Alive To The Situation': Delhi High Court Closes PIL Seeking Expeditious Filling Of Judicial Vacancies
The Delhi High Court on Wednesday (May 14) closed a PIL seeking expeditious filling of the judicial vacancies in the Court by elevating eligible District Judges and Advocates from the Bar.The PIL was filed by lawyer Amit Sahni as petitioner in person. A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela said that everyone associated with functioning of...
'There Has To Be Some Limit To Frivolity': Delhi High Court Raps Litigant For Filing PIL Calling BNS A 'Criminal Act' Of Government
The Delhi High Court on Wednesday rapped a litigant for filing a public interest litigation alleging that the Bharatiya Nyaya Sanhita (BNS) 2023 which replaced the erstwhile Indian Penal Code of 1860, is a “criminal act” of the Government of India.A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela took exception to the petition filed by one Upendra...
How Can Govt Say There Is No 5G Connection? Delhi High Court Seeks Response On PIL For VC Hearings In District Consumer Forums
The Delhi High Court on Wednesday sought response of the Delhi government on a PIL seeking resumption of VC hearings and proper water and washroom facilities in the District Consumer Commissions in the national capital. A division bench comprising Chief Justice dk Upadhyaya and Justice Tushar Rao Gedela granted three weeks' time to the Delhi Government for filing an affidavit to the petition....
Order VIII Rule 1 CPC | Time Limit To File Written Statement Not Applicable For Filing Reply To Amended Plaint: Delhi High Court
The Delhi High Court has held that the 120 days time-limit prescribed under the Code of Civil Procedure for filing of written statement by a defendant does not apply to the party while filing reply to an amended plaint.Order VIII, Rule 1 CPC mandates that a defendant must file a written statement within 30 days of being served with the summons. The court can however allow the statement to...
Delhi High Court Rejects PIL On Overcrowding Of Tihar Jail, Asks Litigant To Approach Appropriate Authorities
The Delhi High Court on Wednesday (May 14) rejected a public interest litigation highlighting the issue of overcrowding of Tihar jail in the national capital. A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela noted that the litigant had filed a representation to the Union Government which is not the concerned authority which monitored the jails in...
Delhi High Court Refuses To Entertain PIL Alleging Deaths Due To Negligence In Construction Activities, Cites Lack Of Specific Pleadings
The Delhi High Court on Wednesday refused to entertain a public interest litigation alleging that deaths were being caused in the national capital due to negligence in constructions here.A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela rejected the petition filed by Advocate Sanser Pal Singh who appeared in person. Singh submitted that despite...
'Complete Specification' Of Invention In Patent Is Sacrosanct To Determine Case Of Infringement: Delhi High Court
The Delhi High Court has made it clear that the 'Complete Specification' of an invention is sacrosanct for determining infringement of its patent.Justice Amit Bansal held, “Once the plaintiff has itself identified features that are essential to the suit patent in the Complete Specification, it is estopped from contending that they are not essential so as to make out a case...
Prolonged Incarceration Undermines Right To Life, Conditional Liberty Must Override Bail Restrictions Under MCOCA: Delhi High Court
The Delhi High Court has ruled that conditional liberty must override the statutory restrictions on grant of bail under Section 21 of Maharashtra Control of Organised Crime Act (MCOCA). Justice Amit Mahajan observed that despite the stringent requirements imposed on an accused for bail, such requirements do not preclude the grant of bail on the grounds of undue delay in the completion of...
Wife Leaving Job To Care For Child Not Voluntary Abandonment Of Work, Entitled To Maintenance: Delhi High Court
The Delhi High Court has held that a wife cannot be denied maintenance merely because she is qualified and was employed, if she was compelled to quit to take care of the child.Justice Swarana Kanta Sharma observed, “...the responsibility of caregiving to a minor child falls disproportionately upon the parent with custody, often limiting their ability to pursue full-time employment,...
Rampant Misuse Of S.16 GST Act For Wrongful Availment Of ITC Will Create 'Enormous Dent' In GST Regime: Delhi High Court
The Delhi High Court has once again flagged concerns over rampant misuse of Section 16 of the Central Goods and Services Tax Act 2017 by traders, for wrongful availment of Input Tax Credit.The provision enables businesses to get input tax on the goods and services which are manufactured/ supplied by them in the chain of business transactions. It is meant as an incentive for businesses who...