[Motor Accident] Insurer Liable To Meet Contractual Liability If It Undertakes To Compensate Insured Vehicle’s Owner: Delhi High Court

The Delhi High Court has observed that an insurance company is liable to meet the contractual liability where it undertakes to pay compensation on the death or injury suffered by the owner of the insured vehicle. Justice Navin Chawla said that as a general rule, the Insurance Company cannot be made liable to pay compensation under Section 163A or Section 166 of the Motor Vehicles Act, 1988,...

ITR-Filing Date Is Relevant For Calculating Section 143(2) Limitation And Not Defect-Removal Date: Delhi High Court

The Delhi High Court has held that once the return has been found to be valid and only a defect within the meaning of Section 139(9) of the Income Tax Act has been found, interest cannot be levied.The bench of Justice Rajiv Shakdher and Justice Girish Kathpalia has observed that if the date of the ROI originally filed on October 14, 2016 is taken into account, then the notices served on...

Plea For Premature Release Of Convicts Undergone Long Incarceration Must Not Be Dealt With Mechanically: Delhi High Court

The Delhi High Court has said that the application for premature release of convicts who have undergone long incarceration period must not be dealt with in mechanical and clerical manner. Justice Saurabh Banerjee observed that when the convict has undergone substantial and long period of incarceration, the eventual purpose of imprisonment, including the most serious offences, is reformative...

Delhi High Court Quashes Suspension Of License, Issued To Customs House Agent, Finding Order Illegal

The Delhi High Court has held that there was proper verification on the part of the Customs House Agent (CHA) with regard to the genuineness of the Importer-Exporter Code (IEC) as well as GSTIN.The bench of Justice Yashwant Varma and Justice Dharmesh Sharma observed that mere allegations that some other person was importing goods in the name of the importers, whose names were mentioned in...

Explain Pros And Cons Of Medical Termination Of Pregnancy To Rape Victims In Mother Tongue: Delhi High Court Directs Police, Medical Board

The Delhi High Court has directed the investigating officers of Delhi Police and medical board to explain the pros and cons of medical termination of pregnancy to the rape victims and her guardians (in case of minors) in mother tongue, be it Hindi or English language.“This Court orders that henceforth, in cases of medical termination of pregnancy in rape cases, the pros and cons of the...

Delhi High Court Weekly Round-Up: October 30 To November 5, 2023

Citations 2023 LiveLaw (Del) 1040 to 2023 LiveLaw (Del) 1062NOMINAL INDEXAjay Kumar v. The State NCT of Delhi 2023 LiveLaw (Del) 1040 COURT ON ITS OWN MOTION v. KENDRIYA VIDYALAYA SANGATHAN AND ORS and other connected matters 2023 LiveLaw (Del) 1041 PCIT Versus Qualcomm India Pvt Ltd 2023 LiveLaw (Del) 1042 CIT Versus Indus Towers Ltd. 2023 LiveLaw (Del) 1043 PERNOD RICARD INDIA...

Delhi High Court Declares “New Balance” And “NB” Trademarks Of US-Footwear Apparel Brand As 'Well-Known'

Justice Prathiba M. Singh of the Delhi High Court recently declared footwear and apparel brand New Balance’s marks as well-known. It was clarified, however, that there shall be no monopoly in the words “New” and “Balance” if used separately in respect of any other goods or services.“…the mark “NEW BALANCE” is a unique combination of two distinctive words i.e. “New”...

Delhi High Court Allows Daughter Longing To See 90-Yrs-Old Mother To Meet For 10 Minutes

A Division Bench of the Delhi High Court comprising Justices Suresh Kumar Kait and Shalinder Kaur on Thursday took a sympathetic view in a daughter’s habeas corpus plea in respect of her mother.The petitioner-daughter had filed the petition stating that her mother was initially residing with her. However, sometime back, her brother had taken their mother to reside with him.Allegedly, he...

Commence Procurement Of Medicines For Children With Rare Diseases For Whom Evaluations Are Completed: Delhi High Court To AIIMS

The Delhi High Court has directed the All India Institute of Medical Sciences (AIIMS) to commence the process of procurement of medicines for children with rare diseases, for whom evaluations have been completed and who are amenable to treatment, as per the fund of Rs. 50 lakhs allocated per patient in terms of the Rare Diseases Policy.Justice Prathiba M Singh took note of a report submitted...

Road Accident Being 'Unforeseen' No Ground To Let Off Offender For Rash And Negligent Driving: Delhi High Court

The Delhi High Court has observed that happening of a road accident is an unforeseen incident but it cannot be a ground to let off the offender.“The happening of an accident is an unforeseen incident but it cannot be a ground to let off the offender. The accident may render the entire family of the deceased in state of destitution,” Justice Sudhir Kumar Jain said. The court reduced...

RTI Act | Penalty Imposed On Public Information Officers For Delay In Reply Depends On 'Malice': Delhi High Court

The Delhi High Court has observed that the Right to Information Act, 2005, only specifies the maximum limit of penalty to be imposed on Public Information Officers and the said amount may vary depending on malice and degree of inaction on the officials’ part in not providing the information.Justice Subramonium Prasad said that even though Section 20 of the RTI Act stipulates a maximum...

‘Lackadaisical Approach’: Delhi High Court Imposes ₹20K Cost On Centre For Failing To Pay Pension To 96 -Yr-Old Freedom Fighter

The Delhi High Court has imposed Rs. 20,000 cost on the Union Government for its lackadaisical approach and failure to pay “Swatantrata Sainik Samman Pension” to a 96 years old freedom fighter, who participated in Quit India Movement and other movements associated with the country’s independence.Justice Subramonium Prasad said that the inaction of the Central Government is an insult to...