Delhi High Court
Plea To Quash FIR Lodged Under IPC If Filed After July 1 Should Be Governed By BNSS: Delhi High Court
The Delhi High Court has recently quashed a matrimonial case filed against a husband by his wife in 2018 while treating his plea for quashing of the FIR filed under Code of Criminal Procedure (CrPC) under the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS). Justice Anup Jairam Bhambhani analyzed Section 531(2)(a) of BNSS and said that proceedings are to be disposed of, continued, held or made...
Delhi High Court Rejects Textile Firm's Sindhi Breakdown Of Word "Adidas" To Defend Trademark Infringement Suit
The Delhi High Court recently permanently restrained a textile firm and its partners from using the 'Adidas' mark, after the German sports and apparel wear company filed a trademark infringement lawsuit.In doing so, a single judge bench of Justice Sanjeev Narula rejected the defendants' contention that the name of the firm stems from one of the partners' “deep admiration for his elder...
Objections On Sunehri Bagh Masjid Removal Will Be Considered As Per Law: NDMC To Delhi High Court
The New Delhi Municipal Council (NDMC) on Wednesday informed the Delhi High Court that the public objections against the proposed removal of Sunehri Bagh mosque will be considered in accordance with law. ASG Chetan Sharma appearing for NDMC made the submission before Justice Purushaindra Kumar Kaurav in a plea moved last year by mosque's Imam.Abdul Aziz, the Imam, challenged NDMC's public...
Delhi Riots UAPA Case: High Court Issues Notice To Delhi Police On Umar Khalid's Bail Plea
The Delhi High Court on Wednesday issued notice on the bail plea filed by Umar Khalid in connection with the Delhi riots larger conspiracy case registered under the Unlawful Activities (Prevention) Act.A division bench comprising Justice Suresh Kumar Kait and Justice Girish Kathpalia sought response of the Delhi Police and listed the matter for hearing on August 29. The court also listed...
Information Seeker Has No Locus Standi In Penalty Proceedings Against Public Information Officer U/S 20 Of RTI Act: Delhi High Court
The Delhi High Court has recently observed that an information seeker has no locus standi in the penalty proceedings initiated against a Public Information Officer, under Section 20 of the Right to Information Act, 2005.Section 20 states that the Central Information Commission (CIC) or State Information Commission (SIC) has the powers to impose a penalty on the Public Information Officer...
Delhi High Court Orders Office Space, E-Library For Public Prosecutors In Each District
Observing it is high time to adapt to technological advances, the Delhi High Court has directed the Delhi Government to create digital library for public prosecutors in each district in the national capital. A division bench comprising of Justice Suresh Kumar Kait and Justice Manoj Jain directed Principal District & Sessions Judges of all districts of the national capital to provide...
Educational Institutions Are Strong Pillars Of Democracy, Can't Be Machines Producing Individuals Chasing Marks Or Degrees: Delhi High Court
The Delhi High Court has recently observed that schools, universities and academic institutions are strong pillars of democracy as well as the entire country and are not meant to be machines producing individuals whose aim is only to chase marks, courses or degrees.Justice Swarana Kanta Sharma said that educational institutions are meant to be academic institutes of eminence that help...
Ex-Parte Interim Measures Appealable Under Section 37 Of Arbitration Act, Courts Must Allow Appeal In Exceptional Cases: Karnataka High Court
The Karnataka High Court division bench of Justice Anu Sivaraman and Justice Anant Ramanath Hegde has held that ex-parte interim measures granted under Section 9 are appealable under Section 37 of the Arbitration and Conciliation Act, 1986. The High Court held that the nature of ex-parte interim measures is similar to final orders since they conclusively deny the relief sought....
Courts Can't Undertake Independent Assessment Of Award In Appeal U/s 37 Of Arbitration Act: Delhi High Court
The Delhi High Court division bench of Justice Yashwant Varma and Justice Dharmesh Sharma reiterated that while entertaining an arbitration appeal under Section 37 of the Arbitration Act, the role of a court is limited to ascertaining whether the exercise of power under Section 34 has exceeded the scope of the provision. In such cases, the High Court held that courts cannot undertake...
Disputed Contract, Can't Be Challenged U/s 34 Of Arbitration Act Unless finding are Unreasonable: Delhi High Court
The Delhi High Court division bench of Justice Vibhu Bakhru and Justice Tara Vitasta Ganju held that the interpretation of a disputed contract falls within the arbitral tribunal's domain and is not subject to challenge under Section 34 of the Arbitration and Conciliation Act, 1996 unless the interpretation is unreasonable. Brief Facts: Noble Chartering Inc. (“Noble”), a...
Act of God Does Not Justify Retention Of Performance Bank Guarantee Without Suffering Legal Injury: Delhi High Court
The Delhi High Court bench of Justice Rajiv Shakdher and Justice Amit Bansal has held that a force majeure event specifically an Act of God beyond the control of the concerned party doesn't require retention of performance bank guarantee. The bench held that a party cannot retain monies recovered through encashment of Performance Bank Guarantee on account of liquidated damages...
Delhi High Court Orders Removal Of Social Media Posts Against UPSC Qualification Of Lok Sabha Speaker Om Birla's Daughter
The Delhi High Court on Tuesday ordered removal of social media posts against IRPS Officer and Lok Sabha Speaker Om Birla's daughter, Anjali Birla, alleging that she cleared UPSC exam in her first attempt by indulging in corrupt practices and misusing her father's position.Justice Navin Chawla passed the ad interim injunction order in Anjali Birla's favour in her defamation suit filed against...