Delhi High Court
‘Foreigners cannot claim right to reside and settle in India as per Article 19(1)(e), their rights limited to Article 21’; Delhi HC dismisses petition against illegal detention
“Power of the Government of India to expel foreigners is absolute and unlimited and no provision of the Constitution can curtail the Government’s power to expel foreign nationals.”
‘Only being a woman cannot grant additional protection to the accused’; Delhi High Court refuses anticipatory bail to woman accused
It is the case of the prosecution that accused actively connived along with the co-accused in projecting herself to be a partner along with the complainant to obtain an overdraft facility from the bank.
‘Forging order of an arbitrator is a serious offence’; Delhi HC dismisses anticipatory bail application
“While there can be no dispute on the fact that complainant himself may have been guilty of not having paid the instalments in accordance with the Loan Agreement with the Finance Company, however, the recovery of the vehicle can only be made in accordance with the law.”
Explained| Supreme Court’s verdict on master and servant relationship following suspension
“Merely because the Bank had stopped paying subsistence allowance to the workman does not mean that the workman was no more an employee of the Bank.”
Tax Residency Certificate and Benefit of Tax Treaties in India: The Debate Reignited
by Tarun Jain*
Cite as: 2024 SCC OnLine Blog Exp 7
True love between individuals cannot be controlled through State action; Delhi HC quashes FIR against a man who eloped with an alleged minor girl
“In the present case, the future of families of the parties and the two daughters born out of this wedlock, and their beautiful harmonious life, they have built together in the last nine years, is at stake and dependent on the outcome of the present petition.”
‘Male chromosome not female chromosome determines gender of unborn child’; Delhi High Court refuses bail in dowry death case
A woman has lost her life for giving birth to females which should be totally unacceptable to a conscientious society. Such offences must be considered grave and serious when the trial is yet to be begin.
Delhi High Court denies parole to Ravi Kapoor serving life imprisonment in Soumya Vishwanathan and Jigisha Ghosh murder cases
“There is a need to respect the rights of convicts and need to acknowledge the importance of being released on parole for several purposes, including for maintaining social ties with family. However, the Courts are bound to consider counterbalancing public interest while deciding issue of grant of parole.”
Benefit of interim maintenance cannot be denied merely based on unproven allegations of illicit relationship: Delhi High Court
“The object of the Domestic Violence Act, 2005 is to provide for more effective provisions to safeguard the rights of the women who are victims of violence of any kind occurring within the family, and for matters connected therewith or incidentally thereof.”
HIGH COURT JANUARY 2024 WEEKLY ROUNDUP| Stories on Pepsico Potato chips battle; Right of convict to procreate; Manual scavengers; and more
A quick legal roundup to cover important stories from all High Courts this week.
Delhi High Court issues directions for immediate financial assistance and recovery of back wages for rescued child labourers
“Benefits to labourers under Standard Operating Procedure formulated by Government of Delhi provided that Labour Department must immediately initiate proceedings for recovery of back wages from accused employers/owners, including wages for overtime in accordance with Minimum Wages Act, 1948.”
‘Similar to mark GK HAIR’; Delhi High Court restrains use of mark ‘GK WELLNESS’ for hair care products in infringement suit by company Van Tibolli
“Refusal of injunction will be contrary to public interest, as there will be likelihood of confusion, in the public, between the products of defendants and plaintiffs because of similarity of the marks used by them.”
[Contempt of Court] Delhi High Court sentences advocate to six months in jail for making scandalous, unwarranted and baseless imputations against Judges
“It is incumbent upon the Courts of justice to check such actions with a firm hand which otherwise will have pernicious consequences.”
Delhi High Court sets aside Single Judge’s order affirming revocation of PepsiCo’s registration for potato variety FL 2027 used in Lay’s chips
“It will be wholly arbitrary and illogical to accord a judicial imprimatur to an order of revocation which is founded on a factor which has no material bearing on the ultimate grant or which fails to meet the tests of fundamental ineligibility and invalidity.”
Delhi High Court restrains manufacturers from selling cosmetic products imitative of Blue Heaven’s products and packaging
“Defendants’ use of a similar mark/packaging in similar combinations not only raises concerns about potential confusion but also suggests an attempt to free ride on plaintiff’s established reputation.”
No income arises on investment in shares in an Indian subsidiary as it is a capital account transaction: Delhi High Court reiterates
“Angelantoni Test Technologies submitted that transactions are capital account transactions which are incapable of generating any income and orders and notices are passed merely to verify transactions without any tangible material in possession of Commissioner of Income tax to indicate escapement of income.”
Strengthen e-filing, streamline weeding out and digitization of disposed of record: Delhi High Court
“There is a need to adhere to and insist on strict e-filing of pleadings, documents, and applications etc. in the jurisdictions which have been already notified under the e-filing rules. This may be achieved by gradually discouraging the acceptance of physical filing in the notified jurisdictions.”
Special Courts not barred to try offences pending against former MPs/MLAs: Delhi High Court
“Petitioner is a former MLA and the argument that he has ceased to be an MLA at time of commission of alleged offence, cannot be a bar to his case being tried by the Special Court, constituted to deal with criminal cases pending against MPs/MLAs.”
‘Nothing concrete has been done for last twelve years’; Delhi HC directs Chief Secretary to provide road map regarding construction of Sales Tax Bar Association’s chamber
“This Court has expressed its anguish on more than one occasion regarding the complete inaction on the part of the Government to implement the Orders of this Court.”