Delhi High Court Weekly Round-Up: March 24 To March 30, 2025

Citations 2025 LiveLaw (Del) 353 to 2025 LiveLaw (Del) 394NOMINAL INDEXFAITH CONSTRUCTIONS versus N.W.G.E.L CHURCH 2025 LiveLaw (Del) 353 F. HOFFMANN-LA ROCHE AG & ANR v. NATCO PHARMA LIMITED 2025 LiveLaw (Del) 354 CREATIVELAND ADVERTISING PRIVATE LIMITED Vs. WINZO GAMES PRIVATE LIMITED 2025 LiveLaw (Del) 355 SIDDHARTH SOOD versus MUNISH KUMAR AGGARWAL 2025 LiveLaw (Del)...

Maninderjit Singh Bedi Appointed As New Advocate General Of Punjab

Advocate Maninderjit Singh Bedi was today appointed as new Advocate General (AG) of Punjab, after Senior Advocate Gurminder Singh resigned from the post.A notification issued late evening stated that, "The Governor of Punjab in exercise of the powers conferred under Article 165 of the Constitution of India, is pleased to appoint Sh. Maninderiit Singh Bedi S/o Inderjit Singh Bedi...as...

Cohabitation Built On Deception Without Proven Customary Divorce From First Wife Amounts To Rape: Telangana HC

The Telangana High Court has held that cohabitation built on deception without proven customary divorce from first wife amounts to rape. A division bench of Justices Moushumi Bhattacharya and BR Madhusudhan Rao held: "Under section 5(i) read with section 11 of the 1955 Act, if the husband is already a married man, the subsequent marriage is void ab initio and has no sanctity in law. Since...

Invocation Of Section 9 & Section 11 Of Arbitration Act Does Not Constitute Parallel Proceedings: Bombay High Court

The Bombay High Court single bench of Justice Somasekhar Sundaresan held that the mere invocation of Section 9 and Section 11 of the Arbitration and Conciliation Act, 1996 does not amount to parallel proceedings. Further, the High Court noted that Section 9 is intended to provide interim relief to safeguard the subject matter of arbitration. On the other hand, Section 11 is limited to...

Punjab Advocate General Gurminder Singh Resigns

Senior Advocate Gurminder Singh submitted his resignation from the post of Punjab's Advocate General (AG), after serving for 18 months, to the Chief Minister Bhagwant Singh MannIn the letter dated March 30, he wrote “As I intend to resume my private practice, I am not inclined to continue on the post.”He is the fourth AG to resign from post in Punjab in three years of the Aam Aadmi...

Relationship Between Searched And Non-Searched Entity Not Mandatory For Invocation Of Proceedings U/S 153C Income Tax Act: Delhi High Court

The Delhi High Court has held that the statutory scheme of Sections 153A and 153C of the Income Tax Act, 1961 does not envisage the discovery of a connection or interrelationship between the searched and the non-searched entity.Section 153A deals with the procedure for assessment which may be set in motion in respect of an entity searched under Section 132 of the Act. Upon such a search...

Calcutta HC Raps PWD, SAI For 'Passing The Buck', Says Tender Issuing Authority Has Primary Responsibility To Clear Contractor's Dues

The Calcutta High Court has made it clear that when work completion certificate is issued in favour of a contractor, the tender issuing authority cannot withhold his payment citing delay by the body, which actually required the work to be done, in releasing payment for onward transmission to the contractor.While dealing with a case whereby synthetic athletic track was relayed at the...

Court's Attitude In Posting Matter To A Long Date Defeats Purpose Of Urgent Notice Under O.39 R.1 CPC: Andhra Pradesh HC

The Andhra Pradesh High Court has observed that the purpose of issuing urgent notice under Order 39 Rule 1 CPC, even if the court does not grant a temporary injunction, is to address situations requiring immediate action and in such cases the attitude of the Courts in posting the matter to a longer date defeats the purpose of the provision. Justice K. Manmadha Rao observed that such...

“Completely Unacceptable”: Delhi High Court Pulls Up Customs For Prolonged Detention Of Export Goods Despite Dept's Circular

The Delhi High Court has criticised the Customs Department for acting against its own Circular for expeditious clearance of goods, by detaining the export goods of a trader for over two months.A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta observed, “This position is completely unacceptable to the Court…consignment cannot be held up in this manner…expedited...

Delhi High Court Slams CBIC For Cryptic Order Denying Duty Drawbacks To Vedanta Despite Its Own Instructions Allowing Retrospective Benefit

The Delhi High Court has asked the Central Board of Indirect Taxes and Customs to pass a “reasoned order” on Indian multinational mining company- Vedanata's plea claiming duty drawbacks on clean energy cess, paid between the year 2010-17.The plea was rejected by CBIC through a “cryptic order” citing limitation despite its own Instruction clearing air on eligibility of drawbacks on...

Non-Payment Of Service Tax By Sub-Contractor Due To Uncertainity Not Wilful Misstatement Or Fraud: Delhi HC Upholds CESTAT Order

The Delhi High Court has upheld an order of the Customs Excise and Service Tax Appellate Tribunal interdicting the GST Department from invoking extended period of limitation for recovery action against a sub-contractor who did not pay service tax amid confusion as to his liability to pay the same.A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta upheld the CESTAT order...

Writ Petition Is Not An Appropriate Remedy To Seek Enforcement Of Arbitral Award: Delhi High Court

The Delhi High Court bench of Justice Jyoti Singh held that when a statutory forum is created by law for redressal of grievances, a writ petition should not be entertained ignoring the statutory dispensation. The court found merit in the preliminary objection of the Railways that a writ is not the appropriate remedy for the petitioner to seek enforcement of the...