HIGH COURTS SEPTEMBER 2024 WEEKLY ROUNDUP| Read latest updates on T-series; Haldwani Violence; Service and Employment Laws; Cruelty on husband; and more
Take a quick glance at what the High Courts were discussing in this late Monsoon season.
Delhi High Court
Court of Chief Commissioner for PwD cannot pass binding/adjudicatory orders akin to those issued by court of law; Delhi HC sets aside stay on Employee’s transfer
‘The Rights of Persons with Disabilities Act, 2016 does not envisage the CCPD as an adjudicatory body capable of deciding service-related disputes or issuing enforceable orders.’
‘Indispensable provision cannot be kept aside on whims and fancies’; Delhi High Court holds pre-institution mediation mandatory in commercial suits
‘Section 12-A of the Commercial Courts Act aims and visualizes a situation where there may not be an institution of any fresh case, once the matter is settled through pre-institution mediation.’
Delhi High Court takes suo motu cognizance due to absence of any law for availing mutation rights in urbanized villages
‘Such a legal vacuum disabling the villagers from managing their immovable properties prima facie violates their fundamental right under Article 21 and constitutional rights under Article 300A of the Constitution.’
‘No lesser punishment than dismissal from service will be equal to gravity of misconducts’; Delhi HC upholds suspension of government employee
A person castigating their employer through a constant tirade of false and scandalous allegations does not deserve to continue in the employment of the said employer.
Delhi HC directs Directorate of Education to issue notices/circulars related to admission under EWS category in Hindi to prevent non-compliance due to language barriers
‘The dual-language approach will help in preventing future instances of non-compliance due to language barriers and ensure that the rights and opportunities are accessible to all citizens, especially those from disadvantaged backgrounds.’
Delhi High Court grants interim injunction against T-Series from using “Aashiqui” title in their proposed film
The term “Aashiqui” does not describe the general category of goods or services (films) but instead functions as a distinctive brand identifier for the Aashiqui Franchise.
Delhi High Court appoints Sole Arbitrator in petition against the National Highway and Infrastructure Development Corporation Ltd.
As per Clause 26.2 of the Agreement, the Chairman/Managing Director of the Board of Directors of Contractors was supposed to do the conciliation and not the committee constituted by NHIDCL.
Criminal Law Roundup August 2024 | Top Cases on Bail; Contempt of Court; Forceful religious conversions; LGBTQ Rights; and more
Criminal law discussions that unfolded at the Supreme Court and various High Courts in the month of August
Intellectual Property Rights | A quick view of top Intellectual Property cases from July and August 2024
A quick recap of top Intellectual Property cases on sale of counterfeit copies of EBC’s books, Nizam’s trade mark, Mankind v. Mercykind, Adidas, L’Oréal, Electronica, and more.
‘Re-agitating already adjudicated issues would be in disregard of Supreme Court’; Delhi HC quashes 1987 re-entry notice by the Union against Express Newspapers
The present dispute between Express Newspapers and the Government has spanned over five decades and has witnessed critical historical events such as the Emergency and its aftermath.
Delhi High Court rejects plea by expelled JDU member against internal election of Nitish Kumar as party president
‘The functions performed by the Election Commission of India under Section 29A of the Representation of the People Act, 1951 are essentially quasi-judicial in nature, and any order issued thereunder constitutes a quasi-judicial order.’
Donations, gifts made to NGO ‘Operation Asha’ are property entrusted to it; thus, acquires character of a ‘constructive trust’: Delhi High Court upholds
Donations, gifts etc., which were being received by the appellant, and being vested in the committee, from various institutions will be endowments for public purpose.
Delhi High Court refuses to quash proceedings against Dr. Shashi Tharoor for making defamatory statements against Prime Minister Modi
‘Reputation is an essential attribute of personality, and the violation of this right is actionable both as a tort as well as a crime.’
Upholding a Legacy of Empowerment, Progress and Tradition, Justice Hima Kohli, bids farewell to the Supreme Court
Justice Hima Kohli, who bids farewell to the Supreme Court, became the first woman Chief Justice of the High Court for the State of Telangana and became the ninth woman to be elevated to the Supreme Court of India.
Amazon, Flipkart & Snapdeal directed to stop selling counterfeit copies of EBC’s books; Delhi HC restrains parties from printing & selling counterfeit copies of EBC books
The Court directed the Commissioners to conduct a search at the book houses and seize the infringing products bearing EBC’s registered trade marks or containing contents identical or deceptively similar to EBC’s books, books without hologram, packaging, labels, printing material and other material that reflect infringement of copyright and trade mark.
Delhi HC directs Union to expeditiously decide on plea for restoring legal protection against non-consensual sexual acts in Bharatiya Nyaya Sanhita, 2023
The petition was requested to be treated as a representation since the Government is in the process of receiving inputs on the new criminal laws from various stakeholders.
SC Collegium recommends appointment of Advocate Tejas Dhirenbhai Karia, as Judge of Delhi High Court
The Collegium noted that Advocate Karia is a domain expert in the law of arbitration and has extensive experience in conducting arbitrations, both domestic and international.
‘Transaction stood grandfathered by virtue of Article 13(3A) of India-Mauritius DTAA’; Delhi HC quashes AAR order holding Tiger Global-Flipkart transaction as ‘aimed at tax avoidance’
Merely because a parent entity may exercise shareholder influence over its subsidiary that would not lead to an assumption that the subsidiary in question was operating as a mere puppet or that it was wholly subservient to the parent entity.
‘Denial of admission after allotment of school is violative of the RTE Act’; Delhi HC directs private school to allow admission of EWS category student
Asking the student to continue studying in the MCD school would be tantamount to an onslaught on his constitutional rights and the Constitutional Court would be failing in its duty to secure the fundamental rights of the young citizen.