HIGH COURT APRIL 2024 WEEKLY ROUNDUP| Stories on Right to sleep, Ayushman Bharat Scheme; Gaurav Bhatia; Dominos Trade Mark; Bigg Boss; and more
A quick legal roundup to cover important stories from all High Courts this week.
Delhi High Court
Making derogatory complaints to spouse’s employer with intent to harm professional reputation amounts to cruelty: Delhi High Court
Making derogatory complaints against spouse demonstrate lack of mutual respect and goodwill, which is crucial for a healthy marriage and merely by stating that such complaints are made after parties had separated, in no manner absolves a spouse from the guilt of committing cruelty on the receiving end.
Onus of proof is on prosecution to prove beyond reasonable doubt that electricity meter is dishonestly damaged for electricity theft: Delhi High Court
“Even assuming the recorded consumption to be lesser than the average computed consumption of electricity, it can at best raise a doubt against the respondent; it cannot act as a proof beyond reasonable doubt to hold that the respondent has dishonestly tampered with the meter.”
State attempt granting retrospective seniority deemed impermissible; Delhi High Court sets aside orders
By virtue of the two impugned actions/orders, today the respondents are trying to wrongly give retrospective seniority to the other similarly situated personnel like the petitioners herein by putting them ahead of such petitioners in the already existing seniority list as on date, which, as per the settled position of law, is not permissible.
Delhi High Court sets aside circular on 24 ‘ferocious’ dog breeds issued by Department Animal Husbandry and Dairying
A petition was filed challenging the circular dated 12-03-2024, issued by Ministry of Fisheries, Animal Husbandry and Dairying, Department of Animal Husbandry and Dairying prohibiting import, breeding and selling of twenty-four dog breeds.
A woman cannot be held liable for abetment to suicide, if a lover commits suicide due to love failure: Delhi High Court
The allegation with respect to applicants teasing the deceased in regard to the failure of his romantic relationship with applicant does not appear to be instigation which would amount to abetment of suicide in terms of Section 306 of the Penal Code, 1860.
‘Certificate issued during pendency of dispute would not amount to final payment certificate’; Delhi HC sets aside arbitral award in conflict with public policy of country
“When no opportunity is given to deal with an argument which goes to the root of the case based on evidence which go behind the back of the party and results in a denial of justice to the prejudice of the party, the same would amount to violation of principle of natural justice.”
Delhi High Court| Central Delhi Court Bar Association recognized as official Bar Association for the Rouse Avenue District Court Complex
The Central Delhi Court Bar Association is recognized as the official Bar Association for the Rouse Avenue District Court Complex overriding the authority of the Bar Council of Delhi to establish such associations under the Bar Association Rules of 2019.
Candidature rejected for late submission of OBC certificate| SC grants ad interim relief, allows participation in selection process of Navik in Indian Coast Guard
The candidate had secured 88 marks, which was more than the cut-off of 84 marks in the ‘general category’ and 82 marks in the ‘OBC category’.
‘Child abuser in eventuality of false implication suffer social stigma’: Delhi HC acquits a man convicted of sexually assaulting a twelve-year-old child
“The quarrel at the time of incident and matrimonial differences provides a strong motive for falsely implicating the appellant subsequently.”
Delhi HC directs removal of defamatory X posts/tweets against Senior Advocate Gaurav Bhatia; videos in public domain to be made private
The press and the Media had a duty to report the incident for the benefit of the public, but there is also a corresponding duty to remain truthful to the incident. The deepfake videos showing plaintiff being beaten up are nothing but an over-sensationalisation and depiction of facts which are patently false.
Delhi High Court dismisses plea challenging dissolution of Maulana Azad Education Foundation
It cannot be said that the interest of the minority communities in their educational and welfare development is being hampered in any manner on account of the dissolution of the Maulana Azad Education Foundation.
Delhi High Court refers dispute to Arbitration after finding service by email and WhatsApp sufficient
“The notice invoking arbitration sent to the same address was reported to have been delivered, but in the Speed Post report, by which the petition was sent to the address, it is stated that no such person is available at the address.”
Right to be identified by one’s name is fundamental to one’s identity as an individual: Delhi High Court
The Delhi High Court said that it cannot be hyper technical in such matters and start rejecting the prayer for correction of name merely because of a slight difference in spelling between “Shrivastav” and “Shrivastava”, and “Surendar” and “Surendra”.
Delhi HC disposes of petition seeking directions to ensure personal data collected by foreign travel companies is kept confidential; grants liberty to approach UOI
Petitioner submitted that at least three major foreign travel companies, which are running their operations in India, are partially or fully owned by foreign investors, leading to concerns regarding potential misuse of citizens’ data.
‘Treat plea as representation to include Ayurveda in Ayushman Bharat Scheme’; Delhi High Court directs Ministry of Ayush
The Ministry of Ayush in coordination with Ministry of Health and Family Welfare is already taking steps to include Indian Health Care System.
Delhi High Court restrains food outlets from using marks similar to “Domino’s”; directs Zomato, Swiggy to de-list them
The similarity extends to the use of these marks for identical goods and services, specifically, pizzas and their online delivery, highlights a systematic effort by Defendants 1 to 8 to mislead the public into believing that there is an affiliation or origin connection with plaintiffs.
‘Orders passed by UK Court enforceable in India as per Sections 13, 44-A of CPC’: Delhi HC permits TWC Aviation Capital to inspect aircraft frames leased to SpiceJet
Keeping in view the principles of Comity of Courts and that a substantial sum of money is due from SpiceJet Ltd. to TWC Aviation Capital Ltd., the Aircrafts and the engines deserve to be secured.
HIGH COURT APRIL 2024 WEEKLY ROUNDUP| Stories on Arrest of Arvind Kejriwal; AMUL as ‘Well-Known Trade mark’; Puthiyakavu Temple blast; and more
A quick legal roundup to cover important stories from all High Courts this week.
Union of India clarifies five percent IGST rate for import of dialysis machines in a petition before Delhi High Court
Respondents further submits that IGST rate of five percent is also applicable for “Artificial Kidney” and “Disposable sterilized dialyzer”.