[Dowry Death] Mere Suspicion Of Extramarital Affair Without More Not Enough For Abetment Of Suicide: Delhi High Court

While granting bail to a husband in a dowry death case, the Delhi High Court held that mere suspicion of extramarital affair or strained relations without more is not enough to invoke the charge of abetment of suicide. “…with respect to the alternative charge under Section 306 IPC, the law requires a clearly discernible act of instigation, provocation, or intentional omission. Mere...

Timelines Under Rule 100 Of Trade Marks Rules 2017 Are Mandatory, Cannot Be Waived: Delhi High Court

The Delhi High Court has made it clear that the one-month notice period mentioned under Section 100 of the Trademarks Rules 2017 before the Registrar can initiate rectification of register, is mandatory and cannot be waived.Justice Amit Bansal held,“Rule 100 of the Rules which provides that the Registrar of Trade Marks is required to give at least one month's notice under Section 57(4) of...

When Deciding Application For Appointment Of Arbitrator, Court Cannot Examine Whether Claim Is Barred By Res Judicata: Delhi High Court

The Delhi High Court Bench of Justice Jyoti Singh has observed that it is not open to the referral court in a petition filed under Section 11, Arbitration and Conciliation Act, 1996 (“ACA”) to examine the issue whether the claim is barred by res judicata. Such an examination falls within the domain of the Arbitral Tribunal. Facts The present petition had been...

Delhi High Court Issues Summons To 'Nashville Fried Chicken' In KFC's Trademark Infringement Lawsuit

The Delhi High Court has issued summons in the trademark infringement suit filed by global fast-food restaurant chain Kentucky Fried Chicken (KFC) against “Nashville Fried Chicken” (NFC).Justice Amit Bansal issued summons to Massive Restaurants Private Limited, the entity which operates NFC and sought its written statement within 30 days. KFC has filed the suit alleging that the...

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...