Delhi High Court Judgements

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CONSTITUTION

Constitution of India Article 226 – Before approaching constitutional courts the petitioner should exhaust all remedies. Application for transfer of Investigation into circumstances leading to death of petitioner ‘s husband declined. Petitioner to remdy other prayers in application filed u/s 156(3) Crpc.

admin_lawsdelhi Jul 16, 2020 0 Comments

Constitution of India Article 226 - Before approaching constitutional courts the petitioner should exhaust all remedies. Application for transfer of Investigation into circumstances leading to death of petitioner 's husband…

CONSTITUTION

Case of PRABHAT RANJAN DEO not being empanelled for post of DGP Haryana HELD No Court can usurp a jurisdiction, it lacks, Article 226 of the Constitution of India is an inviolable basic framework of Constitution, however, with respect to service matters of the employees covered under the Act, High Courts cannot exercise jurisdiction in the first instance. Petition lies before C A T. DISMISSED

admin_lawsdelhi Jul 14, 2020 0 Comments

  Case of PRABHAT RANJAN DEO not being empanelled for post of DGP Haryana HELD No Court can usurp a jurisdiction, it lacks, Article 226 of the Constitution of India…

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.

admin_lawsdelhi May 30, 2020 0 Comments

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…

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INTELLECTUAL PROPERTY

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

DIRECT TAXATION MUNICIPAL LAWS

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

ACCIDENT COMPENSATION RAILWAYS

Inquest proceedings were conducted around 8:55 am on 05.01.2017, which mentions the recovery of a journey ticket dated 04.01.2017 — Mere delay in noticing and reporting the incident by a third party ought to have been appreciated in light of the fact that the incident statedly took place in the month of January – Matter remanded to tribunal for grant of compensation

C P C EVIDENCE ACT

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.