Right to higher education cannot be curtailed lightly: Delhi HC restores MBBS Seat of candidate named as CBI witness
The State has obligation to protect Student’s Right to Pursue Higher and Professional Education.
Delhi High Court
Delhi HC bars Civil Suit to stall IBC Section 7 Dispute as NCLT has Exclusive Jurisdiction; Imposes ₹2 Lakh Costs for “Luxury Litigation”
“In the considered opinion of the Court, it has now become necessary to come down heavily on luxury litigation and use costs as a means to filter out superfluous litigation.”
Delhi HC closes contempt proceedings against Sub-Inspector for Arrest without Section 41-A CrPC notice; accepts unconditional apology
“In view of the fact that unconditional apology has been tendered by the Contemnor, which seems to be heartfelt, we accept the same and direct the closure of the proceedings.”
Delhi HC stays execution of money decrees in Philips DVD Patent dispute
“The conjecture of number of replicated DVDs is without basis and entirely presumptuous. It is well settled that damages c =annot be fastened on a litigant on the basis of mere presumption.”
Tenant can’t dispute admitted tenant-landlord relationship by plea of oral sale; Delhi HC upholds eviction on Bona fide requirement
Landlord’s bona fide requirement for himself or for his dependent family members, founded on age, medical condition and need for financial independence of his children, constitutes a genuine and valid ground for eviction.
Delhi High Court takes Suo Motu Cognizance as Patients & Kin Brave Cold Outside Hospitals, Night Shelters Overflow
The Court said that “to our mind, this issue calls for urgent executive and/or judicial intervention.”
Mandatory Service Charge Declared Illegal: CCPA Penalizes Restaurants Across India
CCPA has enforced consumer protection law against 27 restaurants; automatic service charge deemed illegal, penalties imposed to curb unfair trade practices.
Know why Delhi High Court rejected Virtual Service PE to Clifford Chance under DTAA
“The words ‘within a Contracting State’ in Article 5(6) mandate a physical footprint and cannot be expanded to include virtual service permanent establishments.”
Restraining entry in discharge of duty not Wrongful Restraint or Outraging Modesty; Delhi High Court quashes FIR against Security Guard
The Petitioners being Security Guards, had the bounden duty to ensure that no unauthorised person enters the office premises… act of restraining the Complainant for entering the Office for which she had no right, cannot be termed as an act of wrongful restraint.”
Magistrate can’t discharge accused at Section 251 CrPC stage in Summons Case after issuance of summons: Delhi High Court
“Magistrate erred in discharging the respondents of the offence under Section 452 of the Companies Act at the stage of consideration on the aspect of service of notice of accusation under Section 251 of the CrPC.”
Independent satisfaction required for dismissal under Article 311(2)(b): Read Delhi HC ruling reinstating Deputy SP, CBI dismissed for illegal gratification
In the present case, a Deputy SP, CBI, was accused of demanding illegal gratification. He was placed under suspension, and disciplinary proceedings were initiated under Article 311(2)(b) of Constitution without a regular inquiry. Consequently, the Disciplinary Authority dismissed him from service.
Inside Delhi HC Order: Piracy webites illegally streaming ‘Friends’, ‘Stranger Things’, ‘Batman’ taken down; Warner Bros wins Dynamic+ Injunction
“The need for immediate relief is particularly pressing in this case as the infringing websites are making available the plaintiffs’ copyrighted works, which could lead to significant financial losses for the plaintiffs.”
Delhi High Court declares ‘SOCIAL’ a well-known trade mark
“The recognition accorded to the SOCIAL mark by industry associations in India and consistent enforcement of the plaintiff’s rights in the mark before the Courts in India reinforces the mark’s distinctiveness and reputation.”
Delhi HC slams Income Tax Department for 8-Year delay in Refund to Microsoft; orders refund of ₹5.37 Crore with interest
Income Tax Department officers’ “utterly negligent attitude” compelled the petitioner to approach the Court.
Delhi High Court stays NHAI’s Termination Notice in Delhi-Mumbai Expressway Contract Dispute
The Court accepted the contention that encashment of insurance surety bonds aggregating to nearly ₹100 crores, prior to final adjudication, would result in grave and irreversible loss and injury.
Making minor touch private parts with sexual intent constitutes Aggravated Sexual Assault under POCSO Act: Delhi High Court
Minor inconsistencies arising from age, vocabulary or manner of narration do not erode the credibility of the prosecution, particularly where the allegation relates to commission of sexual assault with sexual intent.
‘No willful disobedience or non-compliance’: Delhi HC rejects Meta’s claim for additional damages in Facebake v. Facebook trade mark case
“Where judgment debtors have substantially complied with a permanent injunction and no prior notice of breach was issued, execution proceedings cannot be used to seek additional compensation.”
Advocates’ Electoral Roll dispute: Delhi High Court says take it up with Bar Council of Delhi’s Special Committee
For exclusion of provisionally enrolled Advocates from Bar Council Electoral Roll, remedy lies before Bar Council Election Committee, not writ court
Speculation can’t decide damages: Inside Delhi HC judgement clarifying evidence-based damages in trademark infringement
“It is the evidence which constitutes the bedrock for any award of compensatory or punitive damages.”
Partition suit pleading acquisition from joint family funds cannot be rejected at threshold, must go to trial: Delhi High Court
“The cause of action in a suit for partition is of a recurring nature and continues so long as the joint status subsists, crystallising only upon refusal of a demand for partition.”