Delhi High Court
'Sponsored Litigation' : Delhi High Court Pulls Up Lawyer For Filing PIL To Ban Display Of 'Gross Images' In Anti-Tobacco Ads
The Delhi High Court on Tuesday expressed displeasure with a young lawyer who filed a PIL seeking prohibition on the display of anti-tobacco advertisements containing “graphic or gross images” during films in cinemas, TV or OTT platforms. A single judge had previously dismissed the PIL, terming it “gross misuse of process of law”, following which the lawyer approached the...
Same Argument Cannot Be An Obstacle Every Time In Granting Furlough, Personal Freedom A Fundamental Right: Delhi High Court
Justice Rajnish Bhatnagar of the Delhi High Court has granted furlough to a prisoner, while observing that personal freedom is a priceless fundamental right, which should only be restricted when necessary in light of unique facts and circumstances of the case. The petitioner, stated to be in judicial custody since 2009, had moved the court assailing an order dated October 03,...
Person Can't Be Summoned For Non-Compliance Of Maintenance Order Under Section 31 Of Domestic Violence Act: Delhi High Court
The Delhi High Court has ruled that a person cannot be summoned under Section 31 of the Protection of Women from Domestic Violence Act, 2005, for non-compliance of an order for payment of maintenance. Justice Swarana Kanta Sharma observed that the focus of the enactment is on providing immediate and effective relief to victims of domestic violence by way of maintenance or interim...
Merely Because Wife Is Earning Isn't An Absolute Bar To Receiving Maintenance From Husband: Delhi High Court
The Delhi High Court on Monday said that merely because the wife is earning does not automatically operate as an absolute bar for awarding maintenance by the husband.A division bench of Justice V Kameswar Rao and Justice Anoop Kumar Mendiratta also observed that the obligation of the husband to provide maintenance is on a higher pedestal than the wife, since the provision for grant of...
'No Indian Presence In Yemen, No Diplomatic Ties' : Centre Tells Delhi High Court On Mother's Plea To Save Daughter On Death Row
The Delhi High Court on Monday sought Central Government's stand on whether it can permit the mother of a Malayali nurse Nimisha Priya, an Indian who is on death row in Yemen, along with others who work there to travel to that country to negotiate with the victim's family by paying blood money. Justice Subramonium Prasad granted time to counsel appearing for the Central Government to...
Applicant Can Seek Refund For Unused Stamp Paper Post 6 Months, If Unaware During Such Time That It Won't Be Of 'Immediate Use': Delhi HC
Taking note of a lacuna in the express provisions of the Indian Stamp Act, 1899 (“Act”), the Delhi High Court has held that Section 54(c) of the Act must be interpreted as being inapplicable to cases where an applicant seeks refund of stamp duty because he was not aware that the stamp paper would be of no “immediate use” within 6 months of its purchase. “…this highlights...
Entire Arbitration Not Invalid By Illegality Of Appointment Procedure: Delhi High Court Reiterates
The High Court of Delhi has held that an arbitration clause does not become illegal by mere illegality of the appointment procedure provided therein. The bench of Justice Sachin Datta held that the procedure for appointment of an arbitrator is clearly distinct and separable from the agreement to refer disputes to arbitration, even if these are contained in the...
Delhi High Court Seeks Centre's Stand On PIL Against Non-Regulation Of Artificial Intelligence And Deepfake Technologies
The Delhi High Court on Monday sought stand of the Central Government on a public interest litigation against the non-regulation of Artificial Intelligence and deepfake technologies in India.A division bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna granted time to Central Government's counsel Apoorv Kurup to obtain instructions in the matter. The case will now be heard...
Medical Termination of Pregnancy | Delhi High Court Permits Woman To Terminate Pregnancy After Expiry Of Period Prescribed Under MTP Act
The Delhi High Court has permitted a 21-year-old unmarried woman to terminate an ongoing unwanted pregnancy, despite expiry of the period prescribed under the Medical Termination of Pregnancy Act (“MTP Act”). Reportedly, the petitioner had acquired knowledge of her pregnancy on November 16, 2023. But because the doctors refused to terminate her pregnancy, considering that...
Court Under Section 11 Of The A&C Act Can Sever Offending Part Of Arbitration Clause: Delhi High Court
The High Court of Delhi has held that the Court exercising powers under Section 11 of the A&C Act can sever an illegal/offending portion of the arbitration clause. The bench of Justice Sachin Datta held that an arbitration clause does not become illegal by mere illegality of the appointment procedure provided therein, therefore, the Court u/s 11 can sever the illegal portion of...
Delhi High Court Seeks Centre's Stand On PIL Against Use Of Defence Officers & Civil Servants To Highlight Govt's Achievements
The Delhi High Court on Monday sought stand of the Union Government on a public interest litigation against the use of Defence officers and Civil Servants to highlight the schemes and achievements of the ruling government of last 9 years, alleging it is a “political propaganda.”A division bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna granted time to Additional...
Declaration Of Rural Areas As Urban In Furtherance Of Pre-Eminent Purpose Of Delhi's Planned Development: High Court
The Delhi High Court has observed that the declaration of rural areas as urban areas is done in furtherance of the pre-eminent purpose of planned development of the national capital.A division bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna dismissed a public interest litigation challenging the constitutional validity of a notification issued on May 16, 2017 by...