PhD Thesis Not Containing Commercially Sensitive, Proprietary Information Not Exempt From Disclosure Under RTI Act: Delhi HC

The Delhi High Court has recently held that PhD thesis which does not contain commercially sensitive or proprietary information is not exempted from disclosure under Section 8(1)(d) of Right to Information Act. 2005. Justice Sanjeev Narula held that merely asserting that the thesis involves intellectual property or holds commercial value is not sufficient and there must be clear and...

Global Takedowns Can Legitimize Practices Of Authoritarian Govts Which Don't Value Freedom Of Speech: 'X Corp' Tells Delhi High Court

X Corp. (formerly Twitter) has informed the Delhi High Court that global takedown orders set a “dangerous precedent” that could legitimise practices of authoritarian governments which do not fully value the rights to freedom of speech and access to information.The social media entity has said that if courts in different countries can issue global blocking orders based on their local laws,...

Delhi HC Directs Customs To Release Azerbaijan National's 'Personal' Gold Jewellery, Restrains Her From Selling It In India

Reinforcing its stand that the 'personal' gold jewellery of a foreign national coming to India is not subject to duty, the Delhi High Court ordered the Customs department to release an Azerbaijan national's belongings. A division bench of Justices Prathiba M. Singh and Amit Sharma however restrained the foreign national from selling the jewels in India. “Petitioner shall not...

S.144C IT Act | AO Not Having Info About Pending Objections Before Dispute Resolution Panel No Grounds To Sustain Final Assessment Order: Delhi HC

The Delhi High Court has made it clear that a Final Assessment order passed by the Income Tax Authorities under Section 143 of the Income Tax Act, 1961 is not sustainable, if it is passed in ignorance of pending objections before the Dispute Resolution Panel. A division bench of Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela further clarified that lack of...

'Sahyog' Portal Developed For Cooperation Of Govts & Social Media Intermediaries In Creating Safe Cyberspace: MHA To Delhi High Court

The Union Ministry of Home Affairs has recently informed the Delhi High Court that it has developed a portal called “SAHYOG” where authorised agencies of Central Government, States and Union Territories as well as the social media intermediaries will work together to create a safe cyberspace.The report filed by the MHA states that in the first phase of the portal, the focus has been on...

No Pruning Of Trees Till Forest Department Has SOP On Compliance Under DPTA: Delhi High Court

The Delhi High Court has directed all the Deputy Conservator of Forests (DCFs) to ensure that no pruning of trees is undertaken till the Department of Forest and Wildlife has guidelines or SOP to ensure that the exercise is done and monitored in accordance with the provisions of Delhi Preservation of Trees Act.Justice Jasmeet Singh said that in case pruning is to be undertaken, the Department...

Take Expeditious Steps To Fill Posts Of Non Official Members Of Delhi Mental Health Authority: High Court To Delhi Govt

The Delhi High Court has directed the Delhi Government to take expeditious steps for filling up the posts of non-official members of the Delhi Mental Health Authority. A division bench comprising of Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela directed that the Authority, as and when constituted, will take expeditious steps for constitution of the District Mental Health...

Sufficiency Of Reasons Over Number Of Days Is Considered While Determining Plea Of Condonation Of Delay U/S 37(1)(2) Of Arbitration Act: Delhi HC

The Delhi High Court Bench of Justice Rekha Palli and Justice Saurabh Banerjee held that the appellant failed to demonstrate any plausible reasons for the delay caused in filing the present appeal. Also, there was not any exceptional circumstance(s) which precluded the appellant from filing the present appeal during the prescribed statutory period. The same is of vital importance as it...

Delhi High Court Slaps ₹1 Lakh Cost On Litigant For Filing Contempt Plea Against CCI To Stall Authority's Ongoing Investigation Against It

The Delhi High Court has imposed a cost of Rs. 1 lakh on a company for filing a contempt petition against the Secretary, Competition Commission of India (CCI), which the court described as a 'delaying tactic', to stall an ongoing investigation against the company by the CCI.The Court remarked that the petitioner-company was attempting to secure a judicial review of the CCI's...

If Remedy For Cause Of Action Falls Within Scope Of Arbitration Agreement, Counter Party Cannot Be Compelled To Defend It In A Suit: Delhi HC

The Delhi High Court Bench of Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela held that the scope of examination in an application under Section 8 of the Act is limited to prima facie examining the validity and existence of the arbitration agreement. Once it is accepted that a valid arbitration agreement exists between the parties, the court is necessarily required...

Delhi High Court To Hear Tomorrow AAP MP Raghav Chadha's Plea Against Cancellation Of Govt Bungalow

The Delhi High Court will hear tomorrow the petition filed by Aam Aadmi Party MP Raghav Chadha challenging a letter issued by the Rajya Sabha Secretariat last year cancelling allotment of his government bungalow.The matter was heard today by a division bench comprising Justice Yashwant Varma and Justice Dharmesh Sharma. Senior Advocate Abhishek Manu Singhvi sought time to amend the prayer...

Delhi High Court Restrains Moti Mahal's Ex-Franchisee From Infringing The Chain's Trademark And Copyright

The Delhi High Court has issued a temporary injunction in favour of Moti Mahal Delux Management Services Pvt. Ltd., which owns and operates the popular Moti Mahal restaurant chains in India and various countries, against trademark and copyright infringement by its ex-franchisee engaged in similar business.Moti Mahal is the owner of the trademarks 'MOTI MAHAL', 'MOTI MAHAL GROUP', 'MOTI...