Page 51 - Delhi High Court

Comply with rules on capture of stray dogs for special events: Delhi HC

Delhi High Court has asked the authorities to strictly comply with all provisions relating to the capture and the release of street dogs for special events such as Independence Day and Republic Day. The order -- released on Wednesday -- came on a public interest litigation by Anita Santiago, who sought directions to release the dogs captured by the civic authorities for such events and to ensure their welfare according to the Animal Birth Control (ABC) Rules, 2023. The petitioner highlighted the ABC Rules mandate that the dogs should be identified with numbered collars immediately upon capture to maintain proper records that would subsequently facilitate their release in the same locality from where they were captured. The Municipal Corporation of Delhi (MCD) counsel said it is following the ABC Rules and, as far as the G20 Summit was concerned, the process to release the captured strays has already been initiated. The counsel for Animal Welfare Board of India affirmed the MCD's ..

HC tells SpiceJet's Ajay Singh to pay Rs 100 crore to Maran by Tuesday

This is as part of the over Rs 380 crore arbitral award dues he has to pay

Banks can't use LOC as measure to recover money: Delhi High Court

Banks cannot use Look Out Circulars as a way to recover money, the Delhi High Court has said, holding LOCs can't be opened on mere possibility of a person being made an accused in a criminal case as they take away a person's right to travel abroad which is a fundamental right under the Constitution. A Look Out Circular (LOC), the high court said, is a measure to make a person surrender before investigating authorities or a court of law and can be issued only when there are sufficient reasons for it. The court made the observations while quashing the LOC issued at the insistence of Bank of Baroda against Nipun Singhal, a former director at Lloyd Electric and Engineering Limited which is facing a CBI probe over certain transactions. The court was informed that about 18 months after the petitioner had left the company, it was declared as a non-performing asset in November 2018, and in January 2022, the petitioner received a show cause notice from Bank of Baroda about having been declar

Delhi govt investing in skill development of veterinary personnel: HC

The Delhi government is looking into immediate health care requirements of animals and also investing in the training and skill development of veterinary personnel with the construction of a college, the Delhi High Court has said. The high court said the state government is also seized of the threat posed by the Canine Distemper (CD) virus and Paravirus in animals and is actively vaccinating them for the same. A bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula said welfare of animals is a noble cause, in line with the Directive Principle of State Policy as prescribed in the Constitution. However, the decision to prioritise availability of the vaccine, should fall within the expertise of veterinary specialists. The court's order came on a petition by Rahul Mohod, who lost his pet dog to the CD virus in 2019. The petitioner said there is absence of essential vaccines like Canine DHPPi vaccine (Distemper Combined 9-in-1 vaccine) which exhibits a glaring deficit

HC refuses to restrain use of PolicyBazaar trade marks on Google AdWords

The Delhi High Court has rejected a plea by Policybazaar, an aggregator of insurance products, seeking to restrain the use of key words identical to its trade marks on Google's AdWords Program by other entities. Justice Navin Chawla, while dealing with Policybazaar's plea against the alleged use of its trademark by Coverfox Insurance Broking Pvt Ltd and Acko General Insurance Ltd on the Adwords Program, said prima facie no case of infringement was made out. Plaintiff Policybazaar, in its lawsuits against Coverfox and Acko, claimed that the defendant companies were using key words identical to the Policybazaar marks like "Policy Bazaar", "PolicyBazaar" and "Policy Bazar" with the intent of diverting business from its website by causing confusion. The court, in its interim order, said the suits were based on the allegations of mere use of the registered trademarks of Policybazaar as key words by the defendants in the AdWords Program and the mere appearance of the websites of the ...

HC upholds Centre's decision to include all medical devices as drugs

The Delhi High Court has upheld the Centre's decision to include all medical devices within the ambit of "drug" under the law regulating drugs and cosmetics. A bench headed by Justice Rajiv Shakdher rejected petitions by the Surgical Manufacturers and Traders Association challenging the central government's 2018 and 2020 notifications first declaring four medical devices as drugs under the Drugs and Cosmetics Act, and then spreading the net to cover all medical devices. The court said the decision to include all medical devices as drugs was a policy matter and no case for interference was made out as there was no arbitrariness or unreasonableness. MHFW (Ministry of Health and Family Welfare), in its wisdom, thought it fit to bring all medical devices within the ambit of the expression 'drug '. This is clearly a policy matter, the bench, also comprising Justice Tara Vitasta Ganju, said in a recent order dated September 1. To our minds, there is no manifest arbitrariness or ...

IRDAI obliged to ensure persons with disability not unduly prejudiced: HC

Taking note of claims of high health insurance premium and loading charges for the specially-abled, the Delhi High Court has said it is the obligation of the sector regulator IRDAI to ensure that such people are not unduly prejudiced. Justice Prathiba M Singh, dealing with a petition for health insurance coverage by a person suffering from Tetraplegia, said the principle of reasonable accommodation mandates that such persons are provided additional support by the society and the State to enable them to lead a life of equal worth and dignity, and that right to life includes the right to avail healthcare, including medical insurance. Following several judicial orders, various general and health insurance companies, including four government insurance companies, have launched products for persons with disabilities, the court noted. The launched products, Justice Singh said, may not be the most ideal for persons with disabilities, but this would be the first step in the process of ...

Delhi HC raps Go First's RP for not complying with inspection order

The judge referred to photographs submitted by a lessor that allegedly showed critical parts of the aircraft missing

Delhi HC allows stem cell therapy for children suffering from autism

The Delhi High Court on Thursday allowed two children suffering from autism spectrum disorder (ASD) to undergo stem cell therapy for treatment of their condition. The family members of the two children had approached the high court earlier this year with a petition after their treatment was stopped by their doctors on account of a recommendation by the Ethics and Medical Registration Board (EMRB) of National Medical Commission (NMC), which said the use of stem cell therapy shall amount to professional misconduct. A bench headed by Chief Justice Satish Chandra Sharma said there was no law banning the use of stem cell therapy for ASD and even the NMC is yet to take a final decision on the recommendation. "No fruitful purpose would be served by stopping the treatment that is going on at present and therefore the petitioners are permitted to continue the treatment," the bench, also comprising Justice Sanjeev Narula, said. Listing the matter for further hearing on October 3, the court

HC asks Centre to take action on online drug sale without valid licence

The Delhi High Court has directed the Centre and the city government to take action against those engaging in online sale of drugs without a valid licence. A bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula also granted six weeks to the Centre to take appropriate steps and inform the court about its final stand on "illegal" sale of drugs online. The bench listed the matter for further hearing on November 16 after the Centre's counsel informed the court that consultations are still going on about a draft notification on online sale of drugs. Union of India is granted further six weeks' time to take appropriate steps and thereafter, inform the court of UoI's final stand in this matter. In the interim, the Union of India and State Government are directed to take necessary action, in accordance with law, in respect of persons acting in violation of the interim order dated December 12, 2018, that is, engaging in online sale of drugs without a valid licence, the ..

HC takes cognisance of minor's sexual assault by Delhi govt officer

The Delhi High Court on Monday took cognisance of the case of sexual assault of a minor girl allegedly by suspended Delhi government officer Premoday Khakha and directed the authorities to ensure that the identity of the survivor is not revealed in any manner. A bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula, initiated on its own a public interest litigation (PIL) after taking suo motu cognisance of the incident. The high court said the survivor should get due protection and compensation. The bench was informed by the counsel for Delhi government and police that the girl is admitted to a government hospital here and her condition is critical. It asked the Department of Women and Child Development of Delhi government, police and the Centre to file a report in the matter. The court's detailed order is awaited. The matter is listed for further hearing on September 14. During the hearing, the counsel for National Commission for Protection of Child Rights (NC

AI can't substitute human intelligence in adjudication: Delhi High Court

Artificial intelligence (AI) can substitute neither the human intelligence nor the humane element in the adjudicatory process, the Delhi High Court has held and said ChatGPT can't be the basis of adjudication of legal or factual issues in a court of law. Justice Prathiba M Singh stated that the accuracy and reliability of AI generated data is still in the grey area and at best, such a tool can be utilised for a preliminary understanding or for preliminary research. The court's observations came while dealing with a lawsuit by luxury brand Christian Louboutin against a partnership firm involved in the manufacture and sale of shoes allegedly in violation of its trademark. The counsel for the plaintiff submitted that Red Sole Shoe was its registered trademark in India and placed before court responses by ChatGPT with respect to its reputation. The said tool (ChatGPT) cannot be the basis of adjudication of legal or factual issues in a court of law. The response of a Large Language Mode

UPI has empowered India leading to a revolution: Justice Yashwant Varma

Technology has changed the way we work, communicate, educate and learn, Justice Yashwant Varma of the Delhi High Court said on Saturday, adding that unified payments interface (UPI) has empowered India leading to a revolution. Speaking at the Indian Science Competition hosted by Anand and Anand law firm, Justice Varma called the initiative a great step. "Today, we stand at the cusp of the fourth industrial revolution and find that everything has changed -- the way we work, communicate, educate and learn. We see rapid penetration of AI (artificial intelligence), internet of things, driverless cars..." a statement issued by the law firm quoted Justice Varma as saying. He also spoke about the government's initiative such as the National Innovation Foundation, which encourages the spirit of India to promote science and discovery. Justice Varma said out of almost 140 patents filed through these foundations, one was of Rajendra Yadav from a small village in Maharashtra who invented a ...

Delhi HC refuses to entertain PIL against first level checking of EVMs

The Delhi High Court on Friday refused to entertain a public interest litigation challenging the State Election Commission's conduct in relation to the First Level Checking of EVMs and VVPATs ahead of the upcoming general elections. Petitioner Anil Kumar, President of Delhi Pradesh Congress Committee, submitted that sufficient notices were not given for carrying out First Level Checking (FLC) and the political parties thus could not prepare themselves for the process. A bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula observed that the plea was directed against the State Election Commission when they have nothing to do with it. The officials were working for the Election Commission of India, remarked the court as it asked the petitioner to withdraw the present petition and file a fresh petition. The petitioner prays for withdrawal of the petition with a liberty to file a fresh PIL. The petition is dismissed as withdrawn with the said liberty, the court ...

Delhi HC tells SpiceJet Chief to pay Rs 100 crore to Maran by September 10

The court warned that if Singh fails to do this, the SpiceJet's properties will be attached by the court towards payment of dues

Struggling to stay afloat: SpiceJet to HC as it was ordered to pay ex-owner

In a Delhi High Court hearing on Thursday on Maran's case demanding the dues, SpiceJet said it was struggling financially

Maternity benefits integral part of woman's identity and dignity: Delhi HC

Maternity benefits are a fundamental and integral part of the identity and dignity of a woman who chooses to bear a child, the Delhi High Court has said while holding that a contractual female employee is also entitled to relief under the Maternity Benefit Act. Justice Chandra Dhari Singh, in an order released Thursday, said work environment should be conducive enough to facilitate unimpaired decision and ensure that a woman who chooses to have both career and motherhood is not forced to make an "either-or" decision. The Constitution, the judge said, gives a woman the liberty to carry a child as well as the choice to not carry one, and the importance of maternity leave and benefits is recognised worldwide to secure the health and best interest of the mother and the child. "Maternity benefits do not merely arise out of statutory right or contractual relationship between an employer and employee but are a fundamental and integral part of the identity and dignity of a woman who chooses

SpiceJet: Division bench orders Ajay Singh to pay Rs 100 cr to Maran

Kalanithi Maran claims that SpiceJet owes him Rs 393 crore as of August 3

PayPal moves HC against order holding it as payment system operator

American online payment gateway PayPal on Wednesday moved the Delhi High Court against an order which ruled that it was a "payment system operator" under the Prevention of Money Laundering Act (PMLA) and has to thus comply with "reporting obligations" under it. Senior counsel appearing for PayPal argued before a bench headed by Chief Justice Satish Chandra Sharma that the order passed by a single judge of the high court was wrong. Senior advocate Mukul Rohatgi, appearing for the appellant, also said that the single judge's order cannot be sustained in view of a recent decision of the high court on the issue of payment system operator. The bench, also comprising Justice Sanjeev Narula, listed the appeal for further hearing in September. On July 24, the single judge had set aside a penalty of Rs 96 lakh imposed on PayPal by Financial Intelligence Unit (FIU) -- India for alleged non-compliance with the "reporting obligations" under the law against money laundering. It had also ruled

Delhi HC permits Raghav Bahl, wife Ritu Kapur to travel abroad in Sept

The Delhi High Court on Tuesday temporarily suspended the look out circular (LOC) issued against media baron Raghav Bahl and wife Ritu Kapur in connection with a money laundering probe and allowed them to travel abroad next month. The court was informed that the couple has to travel to London and New York from September 2-16 for "business meetings". While allowing the pleas seeking permission to travel abroad, Justice Amit Bansal noted that the applicants had travelled abroad earlier and never misused that liberty. "I deem it appropriate to allow the present applications. The LOC is suspendedWe permit the applicants to travel to London and New York subject to furnishing an undertaking that they shall return to India on or before September 17 and they shall also file their itinerary," the court ordered. The Enforcement Directorate (ED) opposed the applications for permission to travel abroad and said there are "serious allegations" under the Black Money Act in the matter and the ...