Delhi HC Closes PIL Against Delhi Tree Authority's Functioning, Says It's For The Authority To Decide If Saplings Should Be Provided To All

A Division Bench of the Delhi High Court recently closed a Public Interest Litigation (“PIL”) relating to functioning of the Delhi Tree Authority, noting that a Single Judge Bench of the court was already in seisin of the matter. The PIL was filed seeking inter-alia a direction to the respondents to perform their duties in a time-bound manner, inasmuch as under Section 4 of the...

Magistrate Can't Direct Investigation Mechanically, Application Of Mind Must: Delhi High Court

The Delhi High Court has said that direction for investigation under section 156(3) of the Code of Criminal Procedure (CrPC) cannot be issued by a Magistrate mechanically and must be given only after application of mind.Justice Rajnish Bhatnagar observed that a Magistrate is not bound to direct investigation by the police even if all allegations made in the complaint disclose ingredients of...

IBBI Has Discretion To Decide Fitness For Appointment As Insolvency Professional, Immediate Past Being Clean No Clean-Chit: Delhi HC

The Delhi High Court has dismissed a banker’s challenge to IBBI’s rejection of her application to be registered as a Resolution Professional ("RP"), observing that a person’s past actions could not be ignored when judging if they are fit and proper for appointment as an Insolvency Professional ("IP").“The Petitioner has been found guilty of fraudulent practices of violating...

Enhanced Therapeutic Efficacy Be Shown 'Precisely' By Patent Applicant, Clinical Data Acceptable Only To Support Specification Claims: Delhi HC

The Delhi High Court recently held that when a patent applicant wishes to demonstrate enhancement in therapeutic efficacy in terms of Section 3(d) of the Patents Act, 1970, the same must be done 'precisely' by filing data before the Patent Office during prosecution of the application. “The Applicant must ensure that comparative tables, and a clear explanation as to the manner in...

'Leave It To Law Commission Of India': Delhi High Court Closes Pleas Seeking Uniform Civil Code

The Delhi High Court on Friday closed a batch of petitions seeking introduction and implementation of the Uniform Civil Code (UCC) in the country, observing that the Law Commission of India is already seized of the matter. A division bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna referred to an order passed by the Supreme Court of India in April wherein it was held...

Mere Global Reputation, Asserted Goodwill Of Trademark Not Sufficient To Answer Claim Of Trans-border Reputation: Delhi High Court

The Delhi High Court has ruled that mere global reputation or asserted goodwill of a trademark is not sufficient to answer claim of trans-border reputation.A division bench of Justice Yashwant Varma and Justice Dharmesh Sharma said that it is imperative for the claimant/plaintiff, who seeks protection of a trademark, to prove and establish the existence of a significant and substantial...

Delhi High Court Monthly Digest: November 2023 [Citations 1040 - 1192]

Citations 2023 LiveLaw (Del) 1040 to 2023 LiveLaw (Del) 1192NOMINAL INDEXAjay Kumar v. The State NCT of Delhi 2023 LiveLaw (Del) 1040COURT ON ITS OWN MOTION v. KENDRIYA VIDYALAYA SANGATHAN AND ORS and other connected matters 2023 LiveLaw (Del) 1041PCIT Versus Qualcomm India Pvt Ltd 2023 LiveLaw (Del) 1042CIT Versus Indus Towers Ltd. 2023 LiveLaw (Del) 1043PERNOD RICARD INDIA PRIVATE LIMITED v....

Delhi HC Flags Rising Kidnapping Cases Of Minor Girls Subjected To Sexual Assault Under Guise Of Marriage, Forced To Abandon Studies

The Delhi High Court has flagged rising incidents of kidnapping of minor girls, who are subjected to sexual assault under the guise of marriage, as a result of which they are forced to abandon studies and denied opportunity to pursue careers. Justice Swarana Kanta Sharma said that when a girl is forced to abandon her education due to such incidents, it causes a profound setback not only to...

Court Rooms In Delhi District Courts Not Commensurate With Sanctioned Strength Of Judicial Officers: Delhi High Court

Taking judicial notice of the fact that there is a shortage of space and budget in all district courts in the city, the Delhi High Court has said that the number of court rooms available is not commensurate with the sanctioned strength of judicial officers. A division bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna said that several new judicial infrastructure projects have...

Delhi High Court Stays Proceedings Against Sony SAB TV Owner Over Derogatory Remark On Dhobi Community In ‘Pushpa Impossible’ Show

The Delhi High Court today stayed proceedings against Culver Max Entertainment, a production house which owns and manages Sony SAB TV channel, in an FIR for alleged use of “casteist and derogatory” remark on Dhobi community in one of the episodes of “Pushpa Impossible” show. Justice Rajnish Bhatnagar stayed the proceedings against the production house till January 15, when two...

Welfare Of Child Prime Consideration In Guardianship Cases: Delhi High Court Declines Father’s Plea To Move Child To A “Better” School

In a father’s plea seeking direction to his child’s mother for transfer of the child to a “better” school, the Delhi High Court has observed that welfare of the child is of prime consideration in guardianship cases. While dismissing the plea, the Bench comprising Justices V. Kameswar Rao and Manmeet Pritam Singh Arora, noted that the child was residing in Pitampura...

Ashneer Grover Assures Delhi High Court He Will Comply With Confidentiality Clause Of Employment Agreement With BharatPe

Former Managing Director of BharatPe, Ashneer Grover, has assured the Delhi High Court and given an undertaking that he will scrupulously comply with and act in accordance with the confidentiality clause of the employment agreement executed between him and the fintech company. Justice Sachin Datta was dealing with a plea moved by BharatPe seeking urgent interim injunction restraining Grover...