HIGH COURT AUGUST 2024 WEEKLY ROUNDUP | Latest news relating to Telangana Media Accreditation Rules; Twitter; Google; and more
A quick review of reported cases this week from various High Courts across the country
Delhi High Court
Delhi High Court directs ‘Andaaz-E-Nizaam’ restaurant to change name in Trade Mark infringement plea by ‘Nizam’s
Section 47 of the Trade Marks Act, 1999 provides for taking a registered trade mark off the Register on account of non-use of the trade mark.
Supreme Court issues notice in Rouse Avenue Bar Association’s plea against Delhi HC order recognising ‘Central Delhi Court Bar Association’ as Court annexed bar body
The Delhi High Court had ruled that the Central Delhi Court Bar Association shall be recognized as the Court annexed Bar Association for the Rouse Avenue District Court Complex in the national capital.
‘Necessary ingredients of Sec. 11(6) clearly exist’; Delhi HC appoints Arbitrator to resolve dispute between Yuvraj Singh and real estate developer for claim of Rs. 1.38 Crores
“Deletion of party is an issue to be decided by the Arbitral Tribunal, it cannot be looked into by the Court under Section 11(6) of the Arbitration Act”
‘Railways has moral imperative to showcase prompt response to concerns of general public’; Delhi HC directs Railways’ senior-most officer to consider complaint de novo
The Court said that the disposal letter by the Railways neither suggested that any effort was made nor provided any measure to help evade such fatal situations in the future.
Delhi HC quashes FIR in Rape, Kidnapping, and POCSO case based on Settlement without imposing costs
Delhi High Court has quashed an FIR registered under Sections 376 (rape), 363 (kidnapping), and 6 of the POCSO Act (aggravated penetrative assault). The decision was based on an amicable settlement between the parties, with no costs imposed on either side. This case underscores the court’s recognition of mutually agreed resolutions in certain criminal proceedings.
Panel Paradox: A Closer Look at Arbitrator Appointments from Interested Party Panels
by Abhisaar Bairagi*, Milind Sharma** and Ausaf Ayyub***
Delhi HC grants interim relief to Falcon Autotech against Chinese Entity
“Perusal of the affidavit filed by the director of the Indian company of the defendant, categorically shows that it has been stated in categorical terms that the company has been inoperative since its incorporation rendering the same as being ‘Defunct’.
Delhi HC directs X (Twitter), Meta, and Google LLC to delete URLs containing posts/videos regarding dead centipede in ‘Amul’ vanilla ice cream tub
GCMMF has been given liberty by the Court to intimate all three platforms of any other URL containing the impugned post/video apart from the ones enlisted in the plaint, which would have to be deleted by them within 36 hours.
‘X (Twitter) neither performs public function nor discharges public duty’; Delhi HC holds petition filed against suspension of ‘X’ account ‘not maintainable’
The Court opined that the proper venue for addressing a breach, such as the one in the present matter, would be the civil courts where contractual disputes are adjudicated.
Delhi High Court | Arbitral Tribunal cannot award certain types of damages if they are specifically excluded by contractual clauses
The Court emphasized the necessity of adhering to the specific terms and limitations outlined in contractual clauses. This decision underscores the importance of clear contractual provisions and their binding nature on arbitral tribunals, reaffirming that such limitations must be respected and enforced in arbitral awards.
HIGH COURT JULY 2024 WEEKLY ROUNDUP| Stories on Arijit Singh, M.K. Stalin, Nagarik Suraksha Sanhita, right to be forgotten, and more
Have a quick look at what the High Courts across the country adjudicated on through this week.
Delhi High Court grants bail to co-accused in murder case who purchased mobile and SIM card with a fake Aadhaar
The SIM card purchased by the co-accused after the alleged murder was used to misguide the investigation of the case and the family members of the deceased girl.
Delhi High Court grants permission for execution of a decree passed after 20 years against a Company under liquidation
The applicant must have spent considerable resources fighting the suit for the last 20 years and therefore, it would not be appropriate to deprive him of the opportunity to execute the decree obtained in his favour.
Judge hearing application under S. 34 Arbitration Act must apply mind to grounds of challenge and deduce whether interference is required: SC
Supreme Court requested the Chief Justice of the Delhi High Court to assign the hearing of the petition under Section 34 to a Judge other than the Judge who heard and passed the impugned order.
‘Mere familial relation with accused under PMLA is not grounds for denying security clearance u/S. 7A (1)(d) of Citizenship Act, 1955’: Delhi High Court
Decisions along with the speaking orders passed by the Foreigners Regional Registration Office to reject the OCI applications of the Russian nationals were quashed.
Criminal Law Roundup July 2024 | Updates on cases related to quashing of proceedings, wrongful detention, bail, and more
Read July’s share of criminal law discussions at the Supreme Court and various High Courts
‘UIDAI can be directed to disclose data in sealed cover in exceptional Habeas Corpus cases without prior hearing’: Delhi High Court
The Delhi Police was directed to file an updated status report of the missing woman based on updated Aadhar card information.
Whether a petition can be rejected in part upon an application being moved under Order 7 Rule 11 of the CPC? Delhi HC answers
“The Court said the Family Court judge was correct in holding that divorce petition could not be rejected merely because a part of the cause of action was not viable in law if the Court otherwise had jurisdiction to entertain the action, and therefore, the application under Order 7 Rule 11 was not sustainable.”
[Right to be Forgotten] Delhi High Court grants injunction against India Today Group regarding defamatory posts on acquitted businessman
The right to freedom of expression of the press in the present case must give way to the right to privacy of the plaintiff, especially when he has been exonerated of all the allegations leading to his honourable acquittal.