May 2020 – Delhi High Court Judgements

Foreign entity which has no market presence in India, it was essential to establish not only that it enjoys reputation and goodwill outside India, but also that the said reputation and goodwill had transcended territorial boundaries and spilled over to India in order to establish a case of infringement or passing off.

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The Court in Keller Williams Realty Inc. v. Dingle Buildcons Pvt. Ltd., reiterated that for a foreign entity which has no market presence in India, it was essential to establish not…

EDUCATION

Court observed that there was no manifest illegality in the concerned authorities referring to the University Grants Commission (Minimum Standard and Procedure for award of M.Phil./Ph.D. Degrees) Regulations, 2016, which brought about the relaxation in the time frame for completion of Ph.D. programs by woman candidate

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In , the Court observed that there was no manifest illegality in the concerned authorities referring to the University Grants Commission (Minimum Standard and Procedure for award of M.Phil./Ph.D. Degrees) Regulations,…

Cr P C

Court held that when the previous conduct of the Petitioner would reveal that he had consistently moved across different countries to avoid arrest, and had eventually to be extradited to India, then the petitioner definitely constituted a flight risk and could not be discharged on bail

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In Praveen Kumar @ Prashant v. State of NCT of Delhi, the Court directed criminal prosecution of the Station House Officer of a police station under Section 4(2)(b) of the SC &…

CONTEMPT

Court also reiterated that an appeal under Section 19 of the Contempt of Courts Act, 1971 would only lie against an order punishing for contempt, and not against an order rejecting the contempt petition.

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Court held that an order of a Court or an undertaking recorded in an order can be overridden by a significant supervening event such as the declaration of the relevant…

COVID-19

Directions/Judgement issued in month of April 2020, dealing with fight against – COVID 19

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In Ajit Kumar v. Union of India and Sama-Resource Group for Women and Health v. Union of India, the Court directed the setting up of a dedicated helpline by the Delhi Government for senior…

C P C

Issues, Order 14 CPC – HELD judgment in a civil suit must return findings only on issues which have been framed and which issues, in turn, arise from the pleadings, and that a suit cannot be dismissed for reasons which have no foundation in the pleadings and/or on which no issue has been struck.

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In, the Court reiterated that a judgment in a civil suit must return findings only on issues which have been framed and which issues, in turn, arise from the pleadings, and…

CONSTITUTION

Medical Termination of Pregnancy Act, 1971 (‘MTP Act’), HELD fetus was likely to suffer from a physical abnormality which would seriously compromise its ability to lead a healthy and normal life, the rigor imposed by Section 3(2) of the MTP Act can be relaxed and a request for the termination of pregnancy beyond the gestation period of 20 weeks could be permitted.

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While not entering upon the controversy of the constitutional validity of Sections 3(2)(b) and 5(1) of the Medical Termination of Pregnancy Act, 1971 (‘MTP Act’), the Court held that when…

CONSTITUTION

School fees payment, during the Covid-19 HELD Court responds, to a certain situation, it is confined only to non-grant of mandatorily required relief or discriminatory or arbitrary disbursal of relief, and cannot in the normal course extend to a review on the merits of the scope and extent of the relief provided.

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While rejecting a prayer for exemption from paying school fees during the Covid-19 outbreak, the Court in observed that the scope of interference with an executive action seeking to provide…

BANKING & FINANCE

Court held that a Bank could not have classified a real-estate company which failed to repay installments owing to the financial crisis which arose as a result of the Covid-19 outbreak as a Non-Performing Asset in view of the moratorium measures rolled out by the Reserve Bank of India

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The Court held that a Bank could not have classified a real-estate company which failed to repay installments owing to the financial crisis which arose as a result of…

ARBITRATION

Section 9 of the Arbitration and Conciliation Act, 1996 (‘Arbitration Act’) could not seek the ultimate relief which was to be agitated in the arbitration proceedings. The Court further observed that the intention of the petitioner to ultimately refer the disputes to arbitration was a sine-qua-non for entertaining a petition under Section 9.

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In the Court reiterated that a prayer under Section 9 of the Arbitration and Conciliation Act, 1996 (‘Arbitration Act’) could not seek the ultimate relief which was to be agitated…

Court held that when the previous conduct of the Petitioner would reveal that he had consistently moved across different countries to avoid arrest, and had eventually to be extradited to India, then the petitioner definitely constituted a flight risk and could not be discharged on bail

Court also reiterated that an appeal under Section 19 of the Contempt of Courts Act, 1971 would only lie against an order punishing for contempt, and not against an order rejecting the contempt petition.

Directions/Judgement issued in month of April 2020, dealing with fight against – COVID 19

Issues, Order 14 CPC – HELD judgment in a civil suit must return findings only on issues which have been framed and which issues, in turn, arise from the pleadings, and that a suit cannot be dismissed for reasons which have no foundation in the pleadings and/or on which no issue has been struck.

Court held that a Bank could not have classified a real-estate company which failed to repay installments owing to the financial crisis which arose as a result of the Covid-19 outbreak as a Non-Performing Asset in view of the moratorium measures rolled out by the Reserve Bank of India

You Missed

Evidence By Way Of Affidavit Not Mandatory When Documentary Evidence Sufficient For Determining Well-Known Status Of Trademark

DB – services rendered by advocates are professional activities, and, therefore, they cannot be levied with taxes under the “commercial establishment” category

DB – Defamation — Nowhere in the pleadings or in the evidence did the appellant or its witnesses state that the amounts were not due — Respondent’s assertion of there being outstanding amounts which had not been paid by the appellant Company cannot be termed to be false or per se defamatory.