Delhi High Court
Situs Of High Court For Appeal U/S 117A Of Patents Act Determined By “Appropriate Office” Under Patent Rules: Delhi High Court
Justice C. Hari Shankar of the Delhi High Court recently held that the situs of the High Court which would hear an appeal u/s 117A of the Patents Act would be determined by the location of the “appropriate office” in terms of Rule 4 of the Patent Rules. The observation came to be made pursuant to raising of an objection to territorial jurisdiction in an appeal filed u/s 117A(2)...
Writ Petition Maintainable If Insurer Disallows Claim De Hors Specific Policy Terms: Delhi High Court
Allowing a couple’s insurance claim in respect of travel bookings cancelled due to Covid-19 onset, the Delhi High Court recently held that a writ petition would be maintainable if the court finds that insurer has illegally repudiated the claim de hors specific terms of the policy. Observing that the court could exercise jurisdiction under Article 226 of the Constitution to enforce...
Consider Feasibility Of Holding Muslim Mahapanchayat Meeting At Ramlila Ground On Dec 18: High Court To Delhi Police, MCD
The Delhi High Court has directed the Delhi Police and Municipal Corporation of Delhi (MCD) to consider feasibility of holding a public meeting (All India Muslim Mahapanchayat) at the Ramlila Ground on December 18.Justice Subramonium Prasad ordered that the application already given by the organization, Mission Save Constitution, for holding the Mahapanchayat on December 18 be treated as...
Delhi High Court Allows Plea Of Manual Scavenger’s Widow For Increase In Compensation From 10 To 30 Lacs
The Delhi High Court on Thursday allowed plea of a sanitation worker’s widow for enhancement of compensation from Rs.10 lacs to 30 lacs, based on the Supreme Court’s judgment in Balram Singh v. Union of India & Ors., whereby directions were issued w.r.t. compensation of dependents of victims who have lost their lives in manual scavenging. The petitioner had approached the...
Debt Recovery | Extension Of Interim Relief At The Time Of Remand Subject To Prima Facie Finding In Petitioner's Favor: Delhi High Court
A Division Bench of the Delhi High Court recently held that an interim order granted by the Debts Recovery Appellate Tribunal ("DRAT") during the pendency of appeal was not required to be extended in pursuance of remand, without a prima facie finding on the need for such an order. The Bench, comprising Justices Vibhu Bakhru and Amit Mahajan, dismissed the present writ petition...
‘Scheduled Offence’ Cannot Exist After Quashing Of FIR: Delhi High Court Quashes PMLA Proceedings
The Delhi High Court has quashed PMLA proceedings initiated by the Enforcement Directorate (ED) against an accused, on the basis of two FIRs registered against him- that were later quashed and compounded after settlement between the parties.Justice Amit Sharma said that a scheduled offence, after an FIR has been quashed, cannot exist and therefore, if there is no scheduled offence, there can...
‘Brief Order’ Of Advertisement Before Acceptance Of Mark Must Be Available On Trade Mark Registry’s Portal For Litigants’ Reference: Delhi High Court
The Delhi High Court has observed that a brief order which has to be passed at the time of directing advertisement before acceptance of a mark should be made available on the online portal of the Trade Marks Registry for reference of the litigants. Justice Prathiba M Singh said that in case such a brief order is not uploaded for all the trademark applications, a copy of the same should still...
Court Cant Grant Unconditional Stay Of Award Under Section 36(3) Unless A Prima Facie Case Of Fraud: Delhi High Court
The High Court of Delhi has held that the Court cannot grant unconditional stay on the award under Section 36(3) unless a prima facie case is made out that making of the award is marred by fraud. The bench of Justice Manoj Kumar Ohri refused to grant a stay in favour of a foreign entity with no roots in India. The Court observed that it has no assets that can be offered as security...
Loss Of Goodwill Is Difficult To Prove, Cannot Be Proved With Mathematical Precision: Delhi High Court
The High Court of Delhi has held that it would be difficult for any party claiming loss of goodwill to prove or establish the same with any mathematical precision. The bench of Justices Vibhu Bakhru and Justice Amit Mahajan upheld an arbitral award wherein the arbitrator allowed a party to retain certain amount as penalty, being the genuine pre-estimate of the loss of goodwill without...
No Recovery Towards TAS Can Be Made Towards Deductee Even If Deductor Is Undergoing CIRP: Delhi High Court
The Delhi High Court has held that no recovery towards Tax at Source (TAS) can be made towards the deductee even if the deductor is undergoing the Corporate Insolvency Resolution Process (CIRP).The bench of Justice Rajiv Shakdher and Justice Girish Kathpalia has observed that the deductee (petitioner) followed the regime framed in the Act for collecting TAS through an agent (Ninex) of...
When Tenant Is Evicted For Bonafide Use, Courts Should Refrain From Prescribing Guidelines For Landlord’s Residential Choices: Delhi High Court
Granting relief to a landlord who evicted a tenant from his shop for setting up a business for his wife which constitutes as a “bona fide requirement”, the Delhi High Court has said that courts should refrain from prescribing any standard or guidelines for the residential choices of a landlord.Emphasizing that the tenant cannot dictate as to how the landlord must utilize the property,...
Delhi High Court Upholds Extradition Of Man Charged With Murder Of Family In Oman
The Delhi High Court on Friday upheld the Union Government’s decision to extradite a man charged with murder of a family, including three minor children, in Oman. Justice Amit Bansal dismissed the petition moved by the accused, Majibullah Mohammad Haneef, challenging a trial court order recommending his extradition to Oman for facing murder trial. “…the present petition, along with...