Page 52 - Delhi High Court

Delhi HC dismisses 2 PILs against operations of Google Pay over violations

The Delhi High Court has rejected two public interest litigations seeking directions to cease the operations of Google Pay for alleged violation of regulatory and privacy norms in the country. Petitioner Abhijit Mishra alleged that the operations of Google Pay in India as a payment system provider were unauthorised as it did not have the necessary permission. Dismissing the petitions, a bench headed by Chief Justice Satish Chandra Sharma said Google Pay is mere third-party app provider which requires no authorisation from RBI under the Payments and Settlement Systems Act (PSS Act) and there was no merit in the pleas. The petitioner claimed that Google Pay did not find a mention under the list of entities authorised under the PSS Act and other statutory regulations for setting up and operating a payment system in India. Concerns were also raised in relation to Google Pay's unfettered access to its customers' personal information such as Aadhaar, PAN and other transaction details. I

Delhi HC stays IT reassessment proceedings against NGO Oxfam India

The Delhi High Court has stayed the income tax reassessment proceedings against NGO Oxfam India. The court issued a notice to the Income Tax (I-T) Department and sought its response to a petition filed by the NGO, challenging the notices and order issued against it. According to records, a survey was conducted on the NGO on September 7, 2022 which led to the initiation of the reassessment proceedings for the year 2016-17 and a notice was issued to Oxfam on March 29 this year. "A counter affidavit will be filed within the next six weeks. Rejoinder thereto, if any, will be filed at least five days before the next date of hearing. List the matter on November 22, 2023," a bench of justices Rajiv Shakdher and Girish Kathpalia said. "In the meanwhile, there shall be a stay on the continuation of the reassessment proceeding, till further directions of the court, it said. A notice was issued to the NGO on March 29 under the provisions of the IT Act which triggered the reassessment proceed

Delhi HC asks NHAI to pay Rs 1,204 cr to subsidiary: Reliance Infra

The Delhi High Court has directed the National Highway Authority of India (NHAI) to pay an arbitral award of Rs 1,204 crore to TK Toll Road Pvt Ltd (TKTR), a wholly-owned subsidiary of Reliance Infrastructure Ltd, according to an exchange filing. In the regulatory filing, Reliance Infrastructure Ltd said the High Court in its August 9 order has directed NHAI to deposit the amount with it and allowed TKTR to withdraw the same against the bank guarantee. "We wish to inform you that in the matter of arbitration between TKTR and NHAI, in an execution petition, the Delhi High Court, vide order its dated August 9, 2023 directed NHAI to deposit the awarded amount along with interest total sum of Rs 1,204 crore with the Delhi High Court and allowed TKTR to withdraw the same against the bank guarantee," the filing said. The amount will be utilised for debt reduction, the company said.

Google can't claim safe harbour if uses trademarks as keywords in Ads: HC

Use of trademarks as keywords by Google in its Ads Programme does amount to "use" under the intellectual property law and, in case of infringement, it cannot claim benefit of "safe harbour" from liability under the law, the Delhi High Court has said. The court's observations came on an appeal by Google against the order of a single judge bench on a lawsuit by Agarwal Packers and Movers Ltd alleging that the use of its trademark and its variations as keywords on Ads Programme resulted in the diversion of traffic from the website of the plaintiff to that of the advertiser. A bench headed by Justice Vibhu Bakhru said prima facie, Google is an "active participant" in use of the trademarks of proprietors and it was difficult to accept that the search engine would be exempted under Section 79 of the Information Technology (IT) Act from the liability of infringement of trademarks by its use of the trademarks as keywords in the Ads Programme. "Google is not a passive intermediary but runs a

SC judge recuse himself from hearing Umar Khalid's bail plea in UAPA case

From terror funding to prisoner's right to dignity, here are important developments from the Delhi High Court on Wednesday

Adolescent love can't be controlled, be careful in POCSO bails: Delhi HC

Adolescent love can't be controlled, judges have to be careful in POCSO bail cases: Delhi HC

Pocso Act is gender-neutral legislation: Delhi HC rejects 'bias' assertion

The Delhi High Court has said that the POCSO Act is a gender-neutral legislation while rejecting an assertion that the law is being "misused" as it is a "gender based" enactment. Justice Swarana Kanta Sharma took exception to the submission made by an accused under the Protection of Children from Sexual Offences (POCSO) Act seeking to cross-examine the victim again before the trial court, and termed it "insensitive", "inappropriate" and "misleading". The judge said the legislature cannot stop enacting laws nor judiciary can stop applying them only because they can be "misused" as they are enacted to curb offences and get justice to genuine victims. "The contentions of learned counsel for the petitioner in the pleadings as well as during oral arguments that the POCSO Act is a gender based legislation and therefore is being misused is not only inappropriate but misleading too. To say the least, POCSO Act is not gender based and is neutral as far as victim children are concerned," sai

Separatist Yasin Malik appears virtually in Delhi HC in terror funding case

Separatist leader Yasin Malik on Wednesday virtually appeared before the Delhi High Court from jail in connection with the National Investigation Agency's plea seeking death penalty for him in a terror funding case. Last week, the high court had directed that the Jammu and Kashmir Liberation Front chief, who is presently serving a life term in the case, be produced before it through video conferencing mode from Tihar Jail instead of physical appearance pursuant to the production warrant issued earlier this year. On May 29, the high court had issued notice to Malik on the NIA's plea seeking death penalty for him in the terror funding case and said, Let warrants of production be issued against Yasin Malik, before this Court on the next date of hearing. Subsequently, the jail authorities had filed an application seeking permission for his virtual appearance on grounds that he was a very high risk prisoner and it was imperative to not physically produce him in court to maintain public .

SC rejects Go First's appeal against HC order allowing access to aircraft

Go First challenged the division Bench order of the Delhi High Court in the Supreme Court on 2 August

SC rejects Go First plea against Delhi HC nod to lessors to access planes

On August 3, the airline had moved to Supreme Court against the Delhi HC's order to allow lessors to inspect the aircraft

Delhi HC seeks NIA stand on bail plea of Kashmiri separatist Shabir Shah

The Delhi High Court on Monday sought the stand of the National Investigation Agency (NIA) on a plea by Kashmiri separatist leader Shabir Ahmad Shah seeking bail in a terror funding case. A bench of Justices Siddharth Mridul and Anish Dayal issued notice to the NIA on an appeal filed by the accused against a trial court order refusing to grant him bail. It allowed time to the agency to place on record the relevant documents Senior advocate Colin Golsalves sought bail on behalf of the appellant on the ground that "it was a no material case". In his appeal assailing the trial court order rejecting his bail application, the appellant said he has been in custody for four years and the trial would take a long time to conclude. "The impugned order of the Learned Additional Sessions Judge is contrary to law weight of evidence and probabilities of the case. The appellant has been languishing in jail in the present case for four years, with over 400 witnesses to be examined and only 15 ...

SC tells Oppo to pay 23% of sale revenue in India to Nokia till Aug 25

The HC order asked Oppo to furnish security payment of the India portion of the last-paid licence fee to Nokia in the patent infringement case

HC asks govt, political parties to respond to plea against use of INDIA

The Delhi High Court on Friday sought a response from the Centre, Election Commission of India, and 26 political parties on a petition seeking to restrain opposition parties from using the acronym INDIA for their alliance. Opposition bloc INDIA (Indian National Developmental Inclusive Alliance) comprising 26 parties was announced at a meeting in Bengaluru, Karnataka on July 17-18 to take on the ruling NDA in the 2024 Lok Sabha elections. A bench of Chief Justice Satish Chandra Sharma and Justice Amit Mahajan issued notices to the ministries of Home Affairs and Information and Broadcasting, ECI and 26 political parties on the petition, saying that the matter needs to be heard. "It has to be heard. It requires hearing. Notice issued," the bench said. It, however, refused to grant any interim relief at this stage and said that no order can be passed without hearing the respondents. "We can't pass any order like this. Let the response of the other side come. We will definitely look in

HC permits virtual production of Yasin Malik in terror funding case

The Delhi High Court on Friday directed that separatist leader Yasin Malik be virtually produced before it from jail in connection with the NIA's plea seeking death penalty for him in a terror funding case. Allowing an application by the jail superintendent citing security concerns, a bench headed by Justice Siddharth Mridul said the Jammu and Kashmir Liberation Front chief, who is presently serving a life term in the case, need not be produced in person and modified an earlier order seeking his physical presence. In view of the matter, the order dated May 29, 2023 is necessarily modified to the extent that the jail superintendent is directed to produce Yasin Malik in the present appeal through video conferencing alone on August 9 and not in person, ordered the bench, also comprising Justice Anish Dayal. The high court had, on May 29, issued warrants for production of Malik, who is presently serving a life term in the case in Tihar jail, on August 9 when NIA's plea for enhancement o

Patent infringement case: SC gives 3 weeks to Oppo to comply with HC order

The Supreme Court refused to interfere with the Delhi HC judgment that had directed Oppo to deposit 23 per cent of its India sales

Patent infringement case: Oppo challenges Delhi HC order favouring Nokia

Nokia maintained that the 2018 Agreement did not include patents relating to 5G standards

Go First can't fly lessors' aircraft as of now, rules Delhi High Court

The Delhi High Court Thursday said scheduled maintenance cannot be understood to include flying of aircraft and restrained crisis-hit Go First airline to continue with maintenance flights. The high court said the resolution professional (RP) appointed under the insolvency law to manage the airline has not been able to show any urgency or any grave imminent threat to the aircraft compelling the RP to fly them suddenly and without any prior notice. Justice Tara Vitasta Ganju, who had on July 28 directed that status quo be maintained in respect of handling/non-revenue flights of the petitioner lessors' aircraft till August 3, extended the interim order till further orders. The high court termed as misconceived the contention of the RP that 2 of the 10 aircraft have been flown by Go Airlines as these were handling flights forming part of the scheduled maintenance activity for an aircraft. The respondent no.9/ RP of Go Airlines has also not been able to show any urgency or any grave ...

Mother's apprehensions can't be obstacle in child's education: Delhi HC

A mother's anxiety for her children's well being can't overemphasised but her apprehension of "psychological trauma" to them need not be made an obstacle in their education, the Delhi High Court has said. The court's observation came while dealing with an appeal by a woman against a trial court order refusing to interfere with a "joint decision" taken by her and her estranged husband to send their children to schools in the United Kingdom (UK). The mother argued the two children may suffer psychological trauma because of separation and should therefore be admitted in British School here or be sent to the same school in the UK. A bench headed by Justice Suresh Kumar Kait observed it is in the interest and welfare of a child that he is removed from "unhealthy environment of a broken home" to a place for a good opportunity of proper education and healthy growth. Based on its interaction with the children, the court observed they were keen to study abroad and were able to secure admiss

HC to hear on Aug 7 plea to virtually produce Yasin Malik in funding case

The Delhi High Court on Thursday listed for hearing on August 7 a plea for virtual production of separatist leader Yasin Malik from jail in connection with the NIA's plea seeking death penalty for him in a terror funding case. The application by the jail superintendent was adjourned after a bench of Justices Siddharth Mridul and Anish Dayal, which was scheduled to hear the request, did not assemble. The high court had on May 29 issued warrants for production of Malik, who is presently serving life term in the case in Tihar Jail, on August 9 when the NIA's plea for enhancement of sentence is listed for hearing. In the application seeking modification of the order, the jail authorities said Malik was a very high risk prisoner and it was imperative to not physically produce him in court to maintain public order and safety. It also said that as per an order passed by the Home Ministry, Malik cannot be moved from Tihar Jail and shall not be taken out of jurisdiction of the national ...

Delhi HC rejects SpiceJet's plea for relief in dispute with Maran

Dispute dates back to 2015 when Kalanithi Maran sold his stake in airline for a nominal price