Delhi High Court Sets Aside Motor Accident Tribunal's Order To Exhume Deceased's Body For DNA Test To Verify Legal Heirs

The Delhi High Court has set aside an order passed by Motor Accident Claim Tribunal directing that the grave of a deceased man be dug up to conduct a DNA test for verifying the claim of compensation by various individuals asserting to be his legal heirs.Justice Navin Chawla allowed the petition moved by persons claiming to be legal heirs of the deceased Sujaat Ali, who passed away in a...

High Court Seeks Delhi Police’s Response On Plea Against Rahul Gandhi For Disclosing Identity Of Minor Rape Victim

The Delhi High Court on Thursday directed the Delhi Police to file a status report in a petition seeking registration of FIR against Congress leader Rahul Gandhi for allegedly disclosing the identity and sensitive details about a minor girl, who was raped and murdered in 2021, and her family on a social media post.A division bench of Acting Chief Justice Manmohan and Justice Mini...

Delhi High Court Grants Last Opportunity To Govt To Constitute Delhi Pharmacy Council

The Delhi High Court has directed the Delhi Government to constitute Delhi Pharmacy Council within two weeks, as a last and final opportunity.Justice Prathiba M Singh was dealing with a plea moved by members of the Delhi Pharmacy Council. concerning notifying the results of election of the Council held on November 02, 2021. “Considerable delay has already taken place in the constitution of...

Delhi High Court Orders Release Of ₹1 Crore Ex-Gratia Compensation To Kin Of Constable Amit Kumar Who Died On COVID-19 Duty

The Delhi High Court recently ordered release of Rs. 1 crore ex-gratia compensation to the wife and father of 31-year-old constable Amit Kumar who passed away during the first wave of COVID-19 pandemic while performing his duties.Noting that the Delhi Government has agreed to release the ex gratia payment, Justice Prathiba M Singh directed:“The amount in terms of the Cabinet Decision dated...

Delhi HC Denies Interim Bail To Murder-Accused For Attending PhD Classes, Says Options Available In Judicial Custody To Pursue Educational Goals

The Delhi High Court yesterday denied prayer of a murder-accused for interim bail to pursue regular PhD classes, noting the gravity of the stated offence and allegations that the complainant had been threatened. “Undoubtedly, every individual has the right to pursue the education but in the present case the petitioner is an accused of a serious offence punishable under Section...

A Party Cannot Contest An Arbitral Award For Exceeding The Reference Scope If It Failed To Object When The Alleged Breach Initially Occurred: Delhi High Court

The High Court of Delhi has held that a party cannot challenge an arbitral award on the ground that the tribunal went beyond the scope of reference when it admittedly did not raise any objection when the alleged breach was first committed by the tribunal. The bench of Justice Dharmesh Sharma held that the tribunal’s decision to include certain invoices in the claim cannot be...

Murder Of Employee Doesn't Disentitle Legal Heirs From Claiming Compensation Under Employees’ Compensation Act: Delhi High Court

In an appeal filed under Section 30 of the Employees’ Compensation (EC) Act, the Delhi High Court has reiterated that the fact of an employee being murdered during the course of employment does not disentitle his legal heirs from seeking compensation under the Act. “…the finding by the Commissioner that murder of an employee during the course of performance of his duties would...

Depriving Furlough To Convict Undergoing Long Term Imprisonment Is Counterproductive To Reformative Approach: Delhi High Court

The Delhi High Court has observed that depriving furlough to a convict, who is undergoing long term imprisonment, would be counterproductive to the reformative approach and would also take away the motivation to maintain good conduct inside the jail.Justice Amit Bansal said that only on the basis that the convict has committed a gruesome crime many years ago, it cannot be said that...

Suspension Of Para Swimmer Prasanta Karmakar Accused Of Recording Videos Of Female Swimmers Upheld By Delhi High Court

Justice Subramonium Prasad of the Delhi High Court on Monday upheld the 3-year suspension order passed by Paralympic Committee of India in respect of Arjuna Awardee Paralympic Swimmer Prasanta Karmakar, observing that he failed to showcase how the decision of the Disciplinary Committee was unfair. Reiterating that the scope of judicial review over administrative decisions...

Delhi Chief Secretary Gets Interim Relief, High Court Directs ‘The Wire’ To Take Down Alleged Defamatory Article Over Bamnoli Land Acquisition

The Delhi High Court on Wednesday directed news portal 'The Wire' to take down its article on city’s Chief Secretary Naresh Kumar casting aspersions on him in relation to his involvement in an alleged land acquisition case.Justice Sachin Datta granted ad-interim injunction in favour of Kumar in his suit against the news portal. The court had reserved order on Kumar’s application...

S.76(3) Trademarks Act Does Not Require Both Rival Marks To Be Registered CTMs, Targeted Client Base Relevant To Infringement: Delhi High Court

In an application filed by a leading Scrum certification organization, the Delhi High Court yesterday granted interlocutory injunction restraining the defendants from using the plaintiff’s mark “CERTIFIED SCRUM MASTER” as well as its logo. The plaintiff, being registered proprietor of Certification Trade Marks (CTMs) “CERTIFIED SCRUMMASTER”, “CSM” and certain device...

Delhi High Court Sets Aside Municipal Corporation Order Directing Pacific Mall Not To Charge Parking Fee From Visitors

The Delhi High Court has set aside an order issued by the South Delhi Municipal Corporation (SDMC) in 2018 directing city’s Pacific Mall not to charge parking fee from the visitors. A division bench of Justice Vibhu Bakhru and Justice Amit Mahajan observed that the charging of parking fee by the mall does not violate the Unified Building Byelaws for Delhi, 2016, or the Master Plan for...