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Rule 22 (2) & (3) of Delhi Maintenance and Welfare of Parents and Senior Citizens (Amendment) Rules, 2016 gives powers to the District Magistrate to pass an Order of eviction in case it is found that the senior citizens are being ill-treated and are not being maintained by their children.
An Arbitral Tribunal cannot arrogate to itself powers that are neither conferred by the statute, or the rules which govern the arbitration, nor can it take recourse to inherent powers, which as has been found hereinabove, are acknowledged to inhere in courts and judicial authorities only.
“Effective deliberations between companies and National Rare Diseases Committee and also a positive response from the Companies will have substantial impact on lives of children who are suffering from rare diseases.”
“The opportunity of hearing, which the Officer is statutorily required to give to the person against whom an adverse decision is contemplated, is not an empty formality, and is a well-recognised principle of audi alteram partem, which has rightly been incorporated in Section 75(3) and 75(4) of the CGST Act.”
“If in the present case, the petition is entertained, it will eventually subvert the procedure laid down under the Insolvency and Bankruptcy Code, 2016 and the respondent in return will be denied the opportunity to present their case before the concerned NCLT.”
SEBI is possessed with powers under the SEBI Act, 1992 to direct the petitioner bank in specific, and banks in general, regardless of them being registered with SEBI.
“This Court is saddened to see such a sorry state of affairs, where members of the petitioner Society, being persons with disabilities and, over and above everything else, being citizens of this Country having an order in their favour passed by a Statutory Authority in 2019, are being compelled to move pillar to post seeking implementation of their rights.”
All the elements of the transaction comprised or connected with a payment being effected between two parties would appear to fall within the scope of the expression ‘payment system’ as defined under Section 2(1)(rb) of the PMLA.
“Testers are being sold by the defendants, Xeryus Retail (P) Ltd. masquerading them as perfumes of the plaintiff, Coty Germany GMBH for sale, thereby, luring customers into paying money for such testers which are otherwise, not to be commercially dispensed.”
Delhi High Court observed that keeping in mind the sensitive nature of the allegations and the fact that no evidence of communal disharmony had come on record during the preliminary inquiry conducted by police, the Court advises that the orders for registration of the FIR filed by any community should be passed with more circumspection.
“The Managing Committee of the Waqf Board contended that the Mughal Mosque situated near Qutub Minar did not fall within the protected monuments as notified by the Archaeological Survey of India in a notification dated 24-1-2014.”
Delhi High Court observed that the plaintiff was a man holding the position of Major General in the Army and was a man of repute. There cannot be worse defamation and disrepute to a person of integrity and honour than a false imputation of him having demanded and then accepted bribe of Rs. 50,000.
The defendant, Dhanpreet Singh Trading was restrained from seeking any statutory rights by applying for trade marks or copyrights in respect of the red-box device mark ‘SUPREME'.
The present case is a classic example of frivolous and vexatious litigation, where this Court encounters incoherent and confusing stories in the name of facts and absurd reliefs. Filing such cases as the present one is doubtlessly not only frivolous and vexatious, but annoying and such a litigant must be subject to some kind of sanction.
Delhi High Court observed that the working of the Defendant’s ‘Present and Record’ feature when compared with the Claims would demonstrate that almost all the same steps therein are present in the Defendant’s product, thus, prima facie, establishing infringement.
Delhi High Court directed MEA to prominently post and make accessible the SOP and Guidelines on its website, if not already available, within one week from the date of the order.
“A party that has made an assertion that its mark is dissimilar to a cited mark and obtains a registration based on that assertion, is not to be entitled to obtain an interim injunction against the proprietor of the cited mark, on the ground that the mark is deceptively similar.”
Delhi High Court observed that evidence placed on record lends credence to the fact that the applicant was not merely the paper director but was a director who was actively involved in the working of the SBFL.
The Will was executed by the testator, Late Raja Bahadur Sardar Singh of Khetri in the presence of two attesting witnesses, thus, complying with Section 63 of the Succession Act, 1925.
“For a service to be categorized as a technical service, it has to be concerned with applied science, i.e., using scientific knowledge for practical applications, or industrial science concerning, relating to, or derived from industry.”