Delhi High Court
Will Remove Article Carrying Ashneer Grover's Statements Against BharatPe: Entrepreneur Magazine To Delhi High Court
US-based Entrepreneur magazine has told the Delhi High Court that it will remove all its publications relating to an article or cover story containing the allegedly defamatory statements made by former BharatPe Managing Director Ashneer Grover against the fintech company. The article titled “Fraud or framed? The curious case of Ashneer Grover” was published by the magazine in its...
Well Reasoned Interim Order Of Arbitral Tribunal, Courts Should Not Interfere Under Section 37 Of The A&C Act : Delhi HC
The High Court of Delhi has held that the Court under Section 37 of the A&C Act should not interfere with a reasoned order of the tribunal granting interim relief based on thorough examination of the matter. The bench of Justice Sachin Datta reiterated that as long as the arbitral tribunal has granted the interim relief to protect and preserve the subject matter of arbitration...
Subscription Amount Received From Subscribers Of E-Journals Cannot Be Treated As Royalty: Delhi High Court
The Delhi High Court has held that the subscription amount received from subscribers of e-journals cannot be treated as royalty.The bench of Justice Rajiv Shakdher and Justice Girish Kathpalia has observed that the subscription amount cannot be treated as royalty, having regard to the fact that there is nothing on record to suggest that the respondent or assessee has granted the right in...
Court Under Section 29A Of The A&C Act Would Not Consider Issue Regarding Fees Of Arbitral Tribunal: Delhi High Court
The High Court of Delhi has held the Court exercising power under Section 29A of the A&C Act, which provides for extension of time to conclude arbitral proceedings, is only concerned with the issue as to whether the arbitrator has acted with expedition in the matter and would not consider any issue regarding the conduct of the arbitration or the fees of the arbitral tribunal as they...
Centre Notifies Transfer Of Justice Gaurang Kanth From Delhi HC To Calcutta High Court
The Central Government has notified the transfer of Justice Gaurang Kanth from Delhi High Court to the Calcutta High Court, pursuant to the Supreme Court Collegium's recommendation.On July 12, the Supreme Court collegium had proposed his transfer rejecting Justice Kanth’s request to transfer him to Madhya Pradesh High Court or Rajasthan High Court or any other neighbouring...
Impractical For Airlines To Conduct Blood & Urine Test Of Crew, Civil Aviation Requirements Mandate Only Breath Analyzer Test: Delhi High Court
The Delhi High Court has observed that there are sufficient precautionary measures in the Civil Aviation Requirements (CAR) to safeguard the crew members of aircrafts against “unfortunate false positive results” in breath analyzer tests. Justice Gaurang Kanth added that the Requirements only imposes duty upon the airlines to conduct pre-flight breath analyzer tests and does not put...
‘Process Of Judging Requires Listening To Silences, Justice Is Delivered When Equities Are Balanced’: Justice Najmi Waziri Bids Farewell To Delhi High Court
While bidding farewell to the Delhi High Court on Friday, Justice Najmi Waziri said that the process of judging requires “listening to silences” and that justice is delivered when equities are balanced. “Often the relief is dictated in the court. Yet there are occasions which require a judge to ponder to meditate to look for balance. The process of judging also requires listening...
Publicize SOP On Transportation Of Mortal Remains Of Indians Who Die Abroad: Delhi High Court To MEA
The Delhi High Court has directed the Union Ministry of External Affairs to publicize the standard operating procedure (SOP) and guidelines on transportation of mortal remains of Indian tourists or workers who die abroad. A division bench of Justice Najmi Waziri and Justice Vikas Mahajan directed the MEA to “prominently post and make accessible” the SOP and guidelines on its website...
Delhi University Moves High Court Against Order Setting Aside Debarment Of Congress Student Leader Over Screening Of BBC Documentary On PM Modi
The Delhi University has moved the Delhi High Court challenging a single judge’s order setting aside the varsity’s decision to debar PhD Scholar and National Secretary of NSUI Lokesh Chugh from taking examination for a period of one year over his alleged involvement in screening of a recent BBC documentary on Prime Minister Narendra Modi and latter's alleged role in the 2002 Gujarat...
Delhi High Court's 'Green Judge' Justice Najmi Waziri Retires Today: 'May Each Tree Extend Your Life', Say Lawyers
The Delhi High Court judge Justice Najmi Waziri, known for his contributions to the environment, particularly his orders directing planting of trees in the national capital, retires from service today.“I am a rich person today, I am very rich,” said Justice Waziri as various lawyers appeared in his courtroom, appreciating and thanking him for his valuable and significant efforts on the...
Accused’s Right To Cross Examine Witness At More Higher Pedestal Under POCSO Act In View Of Harsh Punishment For Offences: Delhi High Court
The Delhi High Court has observed that the right of an accused to cross examine a witness is at a “higher pedestal” under the POCSO Act in view of the serious nature of offences and harsh punishment prescribed under the statute. While granting an accused the opportunity to cross examine a prosecution witness in a POCSO case, Justice Tushar Rao Gedela observed:“The offences are of a...
Patents Act Must Prevail Over Competition Act In Exercise Of Rights By Patentee: Delhi High Court
The Delhi High Court has ruled that the Patents Act, 1970 must prevail over the Competition Act, 2002 on the issue of exercise of rights by a patentee. “Therefore, when asessed, by the maxim generalia specialibus non derogant or by the maxim lex posterior derogat priori, the Patents Act must prevail over the Competition Act on the issue of exercise of rights by a patentee under the...