Interim Injunction U/S 9 Of Arbitration Act Cannot Be Granted To Prevent Convening Of Meeting For Removal Of Director: Delhi High Court

The Delhi High Court bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar has observed that an interim injunction under section 9, Arbitration and Conciliation Act, 1996 (“ACA”) cannot be granted to prevent convening of extraordinary general meeting for removal of a director as it effectively amounts to grant of final relief and impinges upon statutory powers conferred to...

Delhi High Court Weekly Round-Up: August 11 To August 17, 2025

Citations 2025 LiveLaw (Del) 946 to 2025 LiveLaw (Del) 980NOMINAL INDEXMAHUA MOITRA v. NISHIKANT DUBEY & ORS 2025 LiveLaw (Del) 946 Mohit Kumar Goyal v. State of NCT of Delhi And Ors 2025 LiveLaw (Del) 947 Bodhisattva Charitable Trust And Ors. v. Mayo Foundation For Medical Education And Research 2025 LiveLaw (Del) 948 Surender Kumar Sharma And Ors v. Municipal Corporation Of Delhi...

Delhi High Court Weekly Round-Up: August 04 To August 10, 2025

Citations 2025 LiveLaw (Del) 925 to 2025 LiveLaw (Del) 945NOMINAL INDEXVinay Sharma v. GNCTD 2025 LiveLaw (Del) 925 F- Hoffmann -La Roche Ag & Anr. v. Zydus Lifesciences Limited 2025 LiveLaw (Del) 926 Ambika Traders Through Proprietor Gaurav Gupta v. Additional Commissioner, Adjudication DGGSTI, CGST Delhi North 2025 LiveLaw (Del) 927 Vi-John Healthcare India LLP v. Dabur India...

Timeline Prescribed For Filing Statement Of Defence Under Rule 18(3) Of Indian Council Of Arbitration Rules Is Directory In Nature: Delhi HC

The Delhi High Court bench of Justice Manoj Jain has held that the timeline prescribed under Indian Council of Arbitration Rules, 2024 for filing a Statement of Defence by the respondent is directory in nature and can be extended by the Arbitral Tribunal if a sufficient cause is established. The Petitioner challenges an order passed by the Arbitral Tribunal by which it declined to...

Delay Is No Defence Against Action For Infringement & Passing Off Where Adoption Of Trademark Is Dishonest: Delhi High Court

The Delhi High Court has made it clear that delay by a registered trademark holder in prosecuting alleged infringement is not a defence available to the Defendant, where it is evident that Defendant's use of impugned trademark was dishonest/ fraudulent.Justice Amit Bansal observed, “Delay cannot be a defence in an action for infringement and passing off in a case where the defendant's...

Delhi High Court Flags 'Serious Disputes' In Functioning Of Equestrian Federation Of India, Stays Extraordinary General Meeting

The Delhi High Court has restrained the Equestrian Federation of India (EFI) from holding Extra-Ordinary General Meeting (EOGM) on Sunday, citing “serious disputes” in the overall functioning of the Federation.“It is evident that there are serious disputes about virtually every facet of the functioning and current state of affairs of the EFI,” Justice Sachin Datta said in an order...

Post-Termination Restrictive Covenants In Employment Contracts Are Void U/S 27 Of Contract Act: Delhi High Court

The Delhi High Court bench of Justice Jasmeet Singh has held that post-service restrictive covenants in employment contracts, which operate after cessation of employment, are void and are not enforceable under Section 27 of the Indian Contract Act, 1872 (“Contract Act”) and violate Article 19(1)(g) of the Constitution. The court vacated the injunction granted in an...

Delhi High Court Directs Centre To Ask J&K Govt To Include 'Dragon Boat Racing' In Khelo India Water Sports Festival

The Delhi High Court has directed the Union Government to ask the Union Territory of Jammu and Kashmir to include “Dragon Boat Racing” as a competitive sport in the Khelo India Water Sports Festival, scheduled to be held from August 21-23 at Dal Lake, Srinagar. Justice Sachin Datta observed that the sport is internationally codified with established rules and Khelo India's guidelines do...

Merely Because Deceased Was Seen Crying Doesn't Prove She Was Harassed For Dowry: Delhi High Court In Dowry Death Case

While upholding discharge of a husband and his family members in a dowry death and cruelty case, the Delhi High Court has observed merely because the deceased was seen crying cannot per se make out any case of dowry harassment. Justice Neena Bansal Krishna said that the statements of the brother and sister of the deceased did not establish even prima facie that the deceased was being harassed...

[Section 223 BNSS] Cognizance On ED Complaint Can't Be Taken Without Hearing Accused: Delhi High Court

The Delhi High Court has observed that special court cannot take cognizance of the complaint filed by Enforcement Directorate (ED) without giving opportunity of hearing to the accused.Justice Ravinder Dudeja set aside a special judge order dismissing the application of an accused in a PMLA case seeking a pre cognizance hearing in the money laundering case in terms of proviso to Section 223 of...

Delhi Judicial Services Rules | Waitlisted Candidate Can't Join Service Even If Appointed Candidate Resigns After Filling Of Vacancies: High Court

The Delhi High Court has held that in terms of the Delhi Judicial Services Rules 1970, if all the vacancies of judicial officers are initially filled and subsequently, an appointed judge resigns, then such vacancies are treated as fresh vacancies which cannot be filled by a candidate next-in-line in the waitlist.A division bench of Justices C. Hari Shankar and Om Prakash Shukla...

Consideration Paid To Foreign Company For Use Of Computer Software Not 'Royalty', No TDS Liability: Delhi High Court

The Delhi High Court has reiterated that consideration paid by an Indian entity to a foreign company for the resale/ use of their computer software is not 'royalty'.A division bench of Justices V. Kameswar Rao and Vinod Kumar thus held that the Indian entity is not liable to deduct TDS in such cases.The bench in this regard relied on Engineering Analysis Centre of Excellence Pvt. Ltd. v....