Delhi High Court
Arbitration Can't Be Restricted To Specific Respondents When Agreements Form Part Of Single Commercial Transaction: Delhi High Court
The Delhi High Court bench of Justices Subramonium Prasad and Harish Vaidyanathan Shankar held that when an application under Section 8 of the Arbitration Act is filed in opposition to a civil suit, a party cannot later object that the arbitration was intended to apply only to specific respondents, especially when the pleadings indicate that the agreements formed part of a single...
Notice U/S 153C Income Tax Act Can Be Issued Only If Incriminating Material Has 'Bearing On Total Income' Of Non-Searched Assessee: Delhi HC
The Delhi High Court has made it clear that assessments under Section 153C of the Income Tax Act, 1961 can be made on a non-searched entity only when the Assessing Officer has incriminating material which “has a bearing” on its total income.Section 153C allows the Revenue department to proceed against a party other than the person who is being searched, if incriminating articles belonging...
Delhi High Court Asks Centre To Decide On Former NIA Judge's Plea For Arms License Citing Security Threats
The Delhi High Court recently closed the petition filed by a former NIA Judge, seeking a direction to Centre, Delhi Police to issue him an arms license on grounds of personal security.The Judicial officer from Tripura had applied for a license back in November 2023 however, argued that the application was not decided till date, reflecting the 'casual' attitude of the Arm license...
No Evidence That Indians Who Sheltered Tablighi Jamaat Attendees Spread COVID Or Violated Prohibitory Notification: Delhi High Court
The Delhi High Court has observed that there is no evidence to show that the 70 Indian nationals, accused of sheltering attendees of Tablighi Jamaat congregation in their homes or mosques during COVID-19 pandemic, spread the disease or violated the prohibitory notification issued under Section 144 of CrPC. Justice Neena Bansal Krishna discharged the Indian nationals while quashing...
Delhi Riots: High Court Issues Notice On Accused's Plea For Discharge In Head Constable Ratan Lal Murder Case
The Delhi High Court has issued notice on a plea moved by an accused seeking discharge in the head constable Ratan Lal murder case related to the 2020 North-East Delhi riots. Justice Shalinder Kaur sought response of the Delhi Police on the plea moved by accused Mohd. Khalid. The prosecution has also reserved its right to address arguments on the maintainability of the petition. “Let the...
Delhi High Court Imposes Rs. 20K Costs On Litigant For 'Abusing' Victim Compensation Scheme Under SC/ST Act
The Delhi High Court has imposed costs of Rs. 20,000 on a litigant for “misusing and abusing” the victim compensation scheme under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela rejected the litigant's appeal who filed an FIR in 2019 under the enactment under which...
Delhi High Court Upholds Arbitral Award Of About ₹229.5 Crores Against NHAI As 'Termination Payment'
The Delhi High Court bench of Justice Jasmeet Singh has upheld an Arbitral Award directing the National Highways Authority of India (“NHAI”/”Petitioner”) to deposit ₹229.50 crores as Termination Payment into the Escrow Account along with interest and costs. The court reiterated that the scope of judicial interference under Section 34 of the Arbitration and Conciliation Act, 1996...
Complainant Declining Medical Examination Despite Alleging Sexual Assault Can Weaken Prosecution Case: Delhi High Court
The Delhi High Court has observed that refusal of the prosecutrix to undergo medical examination despite alleging serious sexual assault can weaken the prosecution's case.Justice Ravinder Dudeja made the observation while dealing with the anticipatory bail plea of the accused.The bench noted that in the FIR the prosecutirx had alleged threats and abusive conduct and did not disclose...
Bar On Revision Of Interlocutory Order U/S 438(2) Of BNSS Can't Be Bypassed By Invoking Inherent Jurisdiction: Delhi High Court
The Delhi High Court has held that the bar prescribed under Section 438(2) of the Bhartiya Nyay Surakhsha Sanhita 2023 against revision of interlocutory orders cannot be bypassed by invoking the High Court's inherent powers.Justice Girish Kathpalia observed, “What is prohibited by law cannot be done by invoking inherent powers, as that would be allowing backdoor entry to the relief...
Delhi High Court Orders Lava To Pay ₹20 Crore Pro Tem Deposit In Patent Infringement Suit By Dolby Over Breach Of 'FRAND' Obligations
In a major setback for Indian mobile company Lava, the Delhi High Court has ordered a pro tem deposit of over ₹20 crore, in the patent infringement suit filed by Europe based audio/video processor Dolby International.In doing so, Justice Amit Bansal deprecated Lava's conduct during negotiations with Dolby— amounting to 'patent holdout'.“Throughout the negotiations that were carried out...
Delhi High Court Issues Summons On Trademark Infringement Suit By Footwear Brand Campus Against Apparel Brand Campus Sutra
The Delhi High Court has issued summons on a trademark infringement and passing off suit filed by footwear brand Campus against online apparel wear brand Campus Sutra.The dispute primarily pertains to standalone usage of mark 'Campus' by the latter.Justice Amit Bansal has asked the company to file its reply within four weeks and has listed the matter on November 10.Meanwhile, Campus Sutra...
Delhi High Court Explains Scope Of 'Pro Tem' Orders In Patent Infringement Suit Against Mobile Company 'Lava'
The Delhi High Court recently had the occasion to discuss in detail the scope of a pro tem order, while dealing with Europe based audio/video processor Dolby International's suit against alleged patent infringement by Indian mobile phone company Lava.A pro tem order is an extraordinary relief granted by Courts which operate till the time an application for interim injunction is decided by...