Page 7 - Delhi High Court

Old Pension Scheme applicable to all CAPF personnel: Delhi High Court

The court further directed the Centre to issue necessary orders within eight weeks for the same

Sexual harassment complaints deserve seriousness: Delhi High Court

The Delhi High Court has said sexual harassment complaints deserve to be treated with seriousness and cannot be quashed if the internal complaints committee does not conclude the proceedings within the legally stipulated 90 days. Justice Vikas Mahajan said such complaints must be taken to their logical conclusion which is in the interest of the complainant as well as the accused. The court's observations came on a petition by a chartered accountant challenging the initiation of proceedings against him on the basis of a complaint filed under the Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013. The petitioner challenged the proceedings against him on several grounds including that Internal Complaints Committee (ICC) failed to conclude its probe even 90 days after the complaint was filed. I am prima facie of the view that the complaint of sexual harassment and the inquiry proceeding emanating therefrom cannot be quashed merely for the reason

Delhi HC Judge recuses from hearing bail plea of UAPA accused Manzer Imam

"In all the bans imposed on the organizations at that time, I was the Senior Counsel for the Government, so I can't hear the matter," Justice Mridul said

Tell your client to maintain decorum: HC tells Ashneer Grover's counsel

Delhi High Court was hearing a suit filed by BharatPe seeking, among other reliefs, orders to restrain Grover from making defamatory statements against the company

Find pendency of cases similar to Joshimath in SC: Delhi HC tells lawyer

The Delhi High Court on Monday asked a petitioner raising issues concerning the sinking of Joshimath in Uttarakhand to find out about the pendency of a similar issue before the Supreme Court. Lawyer Rohit Dandriyal mentioned his plea before a bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad for listing, which asked him to approach it again after enquiring about any such pendency. If there is a petition in the apex court on the same problem, shall the high and the Supreme Court both look into it? Inquire about it and then you can mention. Find out first, the bench said. Dandriyal, in his plea, has sought to direct the Centre to constitute a committee headed by a retired judge to look into the issue of the sinking of Joshimath and rehabilitate the affected families soon. Cracks have appeared in hundreds of houses of Joshimath, the gateway to some renowned pilgrimage sites, including Badrinath, Hemkund Sahib, and the international skiing destination ...

Plea in HC to constitute committee to rehabilitate people of Joshimath

A petition has been filed in the Delhi High Court seeking a direction to the Centre to constitute a committee headed by a retired judge to look into the issue of sinking of Joshimath in Uttarakhand and rehabilitate the affected families. Cracks have appeared in hundreds of houses of Joshimath, the gateway to some renowned pilgrimage sites like Badrinath and Hemkund Sahib. Highlighting the woes of over 3000 people of Joshimath, the plea said cracks have developed in at least 570 houses due to continued land subsidence. After sinking of land, apparently caused by climate and infrastructural changes, over 60 families are reported to have left the town while others are either risking their lives by staying there or searching for an alternate accommodation in winter, it claimed. Petitioner and advocate Rohit Dandriyal claimed the construction activities done by the ministries of Road Transport and Highways and Power, New and Renewable Energy, in the town of Joshimath in past years have

Manish Sisodia defamation case: Delhi HC stays trial court proceedings

Sisodia had filed a case against several BJP leaders in 2019 for alleging corruption in the construction of classrooms in Delhi's government schools in a press conference

Delhi HC restrains firm from using Swiss Military symbol in trademark case

The court also cited the Daboutt's division bench's judgment in Shree Nath vs Allied Blenders and Distillers Pvt. Ltd where the wonderment principle was elaborated

HC directs Delhi govt to give free food, treatment to HIV-positive persons

Delhi High Court has directed the city government to ensure free food and medical treatment to HIV-positive persons living below the poverty line and strictly comply with the law dealing with the affected patients' grievances. A bench headed by Chief Justice Satish Chandra Sharma observed that several rehabilitative schemes and measures, including affordable treatment, had been put in place by the Delhi government to provide aid and assistance to HIV-positive patients and it was ensuring strict compliance under the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017. "It is abundantly evident that the GNCTD is ensuring strict compliance under the statutory provisions of the 2017 Act. Further, the GNCTD has taken all possible steps to ensure that affordable treatment is available to individuals afflicted with HIV/AIDS, who do not possess the financial wherewithal to do so," the bench also comprising Justice Subramonium Prasad said in

Advertiser ought to have freedom for generic comparison with products: HC

An advertiser needs to have the freedom to make advertisements containing generic comparison with other related products to highlight its own product and mere allusions are not sufficient to make out a case of disparagement, the Delhi High Court has said. The court made the observation on a lawsuit by Zydus Wellness Products against Dabur India over commercials for 'Dabur Glucoplus-C Orange' as it refused to pass an interim order to restrain alleged unfair competition and disparagement in relation to the plaintiff's 'Glucon-D Tangy Orange'. The plaintiff alleged disparagement of its product, which was stated to be a market leader in orange glucose powder drinks, on the ground that commercials gave the impression that all the orange glucose powder drinks are entirely inefficacious in providing energy and only the defendant's product is capable of doing that. The court observed an advertisement cannot be analysed in a hyper critical manner and, in the absence of any disparaging ...

Air India is no longer subject to writ jurisdiction, says Delhi HC

The Delhi High Court has refused to entertain a plea against Air India by the Indian Airlines Officers Association seeking pay and allowance arrears, saying the airline has ceased to be a government-controlled company and is no longer amenable to its writ jurisdiction. Justice Jyoti Singh observed that the petition was undoubtedly maintainable when it was filed in 2016 on account of Air India then being a public body but with the change of circumstance with respect to its ownership, the court is precluded from granting the relief sought in the present proceedings. It is an admitted position that during the pendency of the present writ petition, on 27.01.2022, 100 per cent shareholding of Air India has been acquired by M/s. Talace Pvt. Ltd. and Air India having ceased to be a Government controlled company, is no longer amenable to the writ jurisdiction of this Court.The writ petition cannot be entertained, said the court in its recent order. The court, while disposing of the petition

HC imposes Rs 10,000 cost on MHA, Personnel min on CISF inspectors' plea

The Delhi High Court has imposed a fine of Rs 10,000 on the Union home and personnel ministries and others for their failure to file response to a petition filed by more than 500 CISF inspectors, who have not been promoted for 19 years as compared to the stipulated five. A bench of Justices Suresh Kumar Kait and Neena Bansal Krishna issued an order on December 21, giving a "last opportunity to the respondents to file the written submissions within four weeks subject to costs of Rs 10,000 to be deposited with the Delhi High Court Legal Services Committee." The respondents in the case include the Union home ministry, under whose command the Central Industrial Security Force (CISF) functions, the CISF director general, the chairman of the Union Public Service Commission (UPSC) and the personnel ministry. More than 540 inspectors of the CISF filed a writ petition before the court early this year alleging "deprivation" in their career progression as they got only one promotion (from ...

LG competent authority: Delhi HC rejecting plea against OSD termination

Delhi High court dismissed a petition moved by a former OSD to Speaker of the Delhi Legislative Assembly (LA) challenging his dismissal by the Lieutenant Governor (LG) in 2013

HC quashes POCSO FIR noting future of parties' children depends on outcome

The Delhi High Court has closed a 2012 POCSO case registered against a man while noting that the girl, whom he married and whose father had filed the complaint, has not stated anything against him and the "exceptional circumstances" of the couple parenting two children whose future depended on the outcome of the FIR. The court, which was dealing with a petition by the male to quash the FIR, recorded that the girl had claimed that she had voluntarily accompanied the petitioner and married him and was 19 years of age at the relevant time. The FIR, which resulted in charges against the petitioner for the alleged offence of kidnapping under IPC and aggravated penetrative sexual assault under POCSO, was registered after the father of the girl reported that she had gone missing in January 2012. The parties have been blessed with two children who are 07 years and 05 years respectively. The prosecutrix has not stated anything against the present accused/petitioner either before the police o

No religious structure to be removed in Mehrauli Archaeological Park: DDA

The Delhi Development Authority (DDA) told the Delhi High Court on Friday it is not demolishing any mosque or graveyard in and around the Mehrauli Archaeological Park. The DDA's counsel made a statement before the court that the authority only wants the encroachers removed from residential and commercial land. Noting the submissions of the DDA counsel, a bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said no further orders are required to be passed on the point of interim relief sought by the petitioner. The high court was hearing a petition by the Delhi Waqf Board seeking an interim relief of staying such demolition. Senior advocate Sanjoy Ghose, representing the Delhi Waqf Board, urged the court to stay the demolition as there was a dispute as to the properties of the board in the area where the process of demarcating them was not yet complete. Advocate Shobna Takiar, appearing for the DDA, submitted the demarcation has been done and that the author

Maintain uniform pathways along busy roads, says Delhi High Court

Stressing on the need for uniformly wide pathways for pedestrians, especially along congested roads, the Delhi High Court on Thursday sought the stand of the Delhi Waqf Board on a plea about the presence of a mosque next to a temple on Mathura road that has obstructed the Public Works Department's right of way. Justice Prathiba M Singh issued notice to the waqf board on a petition by the temple caretakers who moved the high court earlier this month after the authorities sent them a letter over alleged encroachment by the temple near the ITO. The Delhi government counsel said six-metre width was required for a pathway which was blocked by the temple. The counsel said a mosque also stood adjacent to the temple and a notice has also been sent to the Delhi Waqf Board. The lawyer said the pathway was 2.5 metres wide right now instead of 6 metres as required. Call the counsel for the Waqf Board. We will sort it outIt is not possible to walk on the road. The traffic is very heavy. The ...

Delhi HC restrains sale of Dil Afza on trademark lawsuit by Rooh Afza

The Delhi High Court has restrained the manufacture and sale of sweet beverage concentrate 'Sharbat Dil Afza' during the pendency of a lawsuit for alleged trademark infringement by Hamdard Dawakhana which sells 'Rooh Afza'. A bench of justices Vibhu Bakhru and Amit Mahajan said that prima facie, 'Rooh Afza' served as the source identifier for Hamdard for over a century and has acquired immense goodwill and it was essential to ensure that the competitors keep a safe distance from the mark. The court's order came on an appeal by Hamdard (appellant) against a single judge's order refusing to pass an interim order to restrain 'Dil Afza' manufacture Sadar Laboratories (respondent) from allegedly indulging in trademark infringement. "It is not difficult to conceive that a person who looks at the label of 'DIL AFZA' may recall the label of 'ROOH AFZA' as the word 'AFZA' is common and the meaning of the words 'ROOH' and 'DIL', when translated in English, are commonly used in conjunction," .

Unnao rape case: Delhi HC seeks CBI stand on Kuldeep Sengar's plea

The Delhi High Court on Thursday sought the stand of the CBI on a plea by expelled BJP leader Kuldeep Singh Sengar seeking interim release in a case in which he is serving life term for raping a minor girl in Uttar Pradesh's Unnao in 2017. A bench of Justices Mukta Gupta and Poonam A Bamba issued notice on Sengar's application for interim bail and suspension of sentence on account of his daughter's wedding ceremony, and asked the investigating agency to file a status report. NoticeThe application be verified and a status report be filed, said the court which listed the matter for further hearing on January 16. Senior counsel, appearing for Sengar, said while the marriage will take place on February 8, a ceremony related to it will be held in January. Justice Talwant Singh, while sitting as part of a division bench, had earlier recused himself from hearing the matter. The high court was then informed that Sengar was seeking interim bail for two months to attend the ceremonies which

Delhi HC dismisses plea against Sikhs carrying 'kirpans' on flights

The Delhi High Court on Thursday dismissed a plea opposing the permission given to Sikhs to carry kirpans while travelling on civilian flights in India

Delhi HC seeks Centre's response on plea seeking govt takeover of Barc

A public interest litigation (PIL) has sought that govt take over the body responsible for statistics on television audience measurement