Delhi High Court
Availability Of Drug For Rare Diseases At Economical Prices Material Factor To Be Considered Before Restraining Via Interim Injunction: Delhi HC
The Delhi High Court has observed that availability of a drug for treatment of rare diseases at economical and competitive prices is a material factor to be considered for grant of interim injunction in an intellectual property right (IPR) lawsuit. “A drug which is the only one available for treatment in India, for a rare disease, its availability to the public at large at very economical...
X Corp Tells Delhi High Court That It Can't Be Compelled To Onboard SAHYOG Portal, Says It Has Own Mechanism To Take Down Unlawful Content
X Corp. (formerly Twitter) has told the Delhi High Court that it cannot be compelled to come on SAHYOG portal, which has been developed to bring together all authorized agencies and social media intermediaries on one platform for ensuring immediate action against unlawful online information. The portal aims at achieving a clean cyber space for Indian citizens by automating the process of...
Delhi High Court Seeks Centre's Response On Regulatory Mechanism To Ensure Taxi Apps Are Disabled Friendly Prior To Their Launch
The Delhi High Court has directed the Union Government to file a response on the regulatory mechanism in place to ensure that taxi applications are disabled friendly prior to their launch.“The respondent no.2/Ministry of Road Transport And Highways is directed to file an affidavit to place on record the regulatory mechanism that is in place to ensure that the application/s, such as the...
Delhi High Court Withdraws Judicial Work From Justice Yashwant Varma
Judicial work has been withdrawn from Delhi High Court judge, Justice Yashwant Varma with immediate effect in view of the controversy of alleged discovery of unaccounted currencies at the outhouse in his residential premises. A notice to this effect has been published on the official website of the Delhi High Court. “In view of recent events, the judicial work from Hon'ble Mr. Justice...
Court's Jurisdiction U/S 11(6) Of A&C Act Is Decided Under CPC When No Seat Or Venue Is Specified In Arbitration Agreement: Delhi High Court
The Delhi High Court bench of Justice Manoj Kumar Ohri has held that in the absence of a specified seat or venue in the Arbitration Agreement, the court's jurisdiction under Section 11 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) is determined by Sections 16 to 20 of the Civil Procedure Code, 1908 (CPC). The relevant factors include where the respondent resides or...
Senior Advocate N Hariharan Elected As President Of Delhi High Court Bar Association
Senior Advocate N Hariharan has been elected as the President of Delhi High Court Bar Association (DHCBA) with 2967 votes. The elections were held on March 21. Senior Advocate Kirti Uppal secured the second position with 2880 votes. Senior Advocates Abhijat and Vivek Sood secured 1429 and 339 votes respectively. Senior Advocate Sacchin Puri has been elected as the Vice President of DHCBA...
Court Can Appoint Arbitrator U/S 11(6) Of Arbitration Act If MSME Council Fails To Initiate Mediation U/S 18 Of MSMED Act: Delhi HC
The Delhi High Court bench of Justice Jasmeet Singh has held that When the Facilitation Council under the Micro, Small, and Medium Enterprises Development Act (MSMED Act) fails to initiate the mediation process under Section 18 of the MSMED Act, the court can appoint an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 (Arbitration Act). Brief...
Participation In Arbitral Proceedings Does Not Imply Acceptance Of Unilateral Appointment Of Arbitrator Unless Objections Are Waived In Writing: Delhi HC
The Delhi High Court bench of Justice Subramonium Prasad has held that the mandate of the Arbitrator can be terminated under Section 14 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) if the Arbitrator was appointed unilaterally, which is explicitly prohibited under Section 12(5) of the Arbitration Act unless the ineligibility is expressly waived through a...
S.45 PMLA | Delhi High Court Grants Bail To Unitech Founder Ramesh Chandra In Money Laundering Case On Account Of 'Age-Related Infirmities'
The Delhi High Court on Friday (March 21) granted bail to 86-year-old founder of Unitech Group Ramesh Chandra, in a money laundering case registered by the Enforcement Directorate (ED).Justice Jasmeet Singh granted bail to Chandra observing that he fell within the ambit of “infirm” under the proviso to section 45(1) of PMLA and thus, he was not required to meet the twin test for grant...
Delhi HC Judge Under SC Collegium Scrutiny After Reports Of Cash Recovery From His Home
In an extraordinary development that shocked the judiciary and the legal fraternity, reports have emerged that a large pile of unaccounted cash was found in the official residence of a Judge of the Delhi High Court, Justice Yashwant Varma.As per a report in the Times of India, the cash was found when a fire brigade reached the judge's residence to douse a fire. Justice Varma was not in...
Can't Use S.482 CrPC To 'Short Circuit' Prosecution: Delhi HC Refuses To Quash FIRs Against Woman's Kin Accused Of Outraging Her Modesty
While hearing petitions seeking quashing of FIRs filed by a relative of the accused, the Delhi High Court observed while exercising jurisdiction under Section 482 CrPC the high court would not normally determine whether evidence is reliable as that is the Trial Court's function. The court further remarked that while judicial process must not be used used for harassment, Section 482 cannot be...
Delhi High Court Permanently Restrains Local Dhabas From Using Registered Trademarks Of Popular Murthal Eatery 'Mannat Dhaba'
The Delhi High Court has permanently restrained various restaurants (local dhabas) situated on the Delhi-Dehradun highway from using the registered trademarks of popular Murthal based eatery “Mannat Dhaba.”Justice Amit Bansal observed that the Mannat Group of Hotels established its rights over its registered trademark 'MANNAT' and that the defendant restaurants were reaping undue benefit...