Delhi High Court
Rampant Misuse Of S.16 GST Act For Wrongful Availment Of ITC Will Create 'Enormous Dent' In GST Regime: Delhi High Court
The Delhi High Court has once again flagged concerns over rampant misuse of Section 16 of the Central Goods and Services Tax Act 2017 by traders, for wrongful availment of Input Tax Credit.The provision enables businesses to get input tax on the goods and services which are manufactured/ supplied by them in the chain of business transactions. It is meant as an incentive for businesses who...
Can Suit For Infringement Lie Against Proprietors Of Registered Trademark? Delhi High Court Refers Issue To Larger Bench
The Delhi High Court has referred to a larger the following questions of law in relation to trademark infringement:“(i) Whether a suit for infringement can lie against the proprietor of a registered trademark, with respect to the use of such trademark? (ii) Whether, assuming such a suit can lie, the Court can pass any interlocutory order, injuncting the use, by the defendant, of the...
Rights Of Prior User Prevail Over Registered Trademark Holder: Delhi HC Grants Interim Relief To German Society's Institutes In India
Reaffirming the principle that rights of prior user are superior to that of a proprietor holding a registered trademark, the Delhi High Court granted interim injunction in favour of Goethe-Institut, a German society which runs six educational institutes in India in the name of 'Max Mueller Bhavan', offering German language courses.Justice Mini Pushkarna restrained the use of 'Max...
No Objections U/S 47 Of CPC Can Be Moved By Judgment Debtor Against Execution Of Award U/S 36 Of A&C Act: Delhi High Court
The Delhi High Court Bench of Justice Jasmeet Singh has observed that a judgment debtor is not entitled to move objections under Section 47, CPC in an application for execution of award under Section 36, Arbitration and Conciliation Act, 1996 (“ACA”) as it would amount to effectively opening a second round for challenging the Award which would undermine the provision of section...
Relief To Lok Sabha Speaker Om Birla's Daughter: Delhi HC Directs Google, X To Remove 'Defamatory' Posts Doubting Her UPSC Qualification
The Delhi High Court on Tuesday closed the defamation suit filed by IRPS Officer and Lok Sabha Speaker Om Birla's daughter, Anjali Birla, against social media posts alleging that she cleared UPSC exam in her first attempt by indulging in corrupt practices and misusing her father's position.Justice Jyoti Singh decreed Birla's suit filed against X, formerly Twitter, Google and John Doe...
GST | Delhi HC Rebukes Trend Of Persons Who Wrongfully Avail ITC By Invoking Writ Jurisdiction; Imposes ₹1 Lakh Cost
The Delhi High Court has criticized the “pattern” of persons, who either availed fraudulent Input Tax Credit or enabled the availment of fraudulent ITC, invoking Court's writ jurisdiction to challenge orders imposing penalty under Section 74 of the Central Goods and Services Act 2017, on technical grounds.A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta...
S.17A PC Act | If Information About More Offenders Is Found During Trap Proceeding, CBI Can't Be Rendered Helpless In Continuing Probe: Delhi HC
The Delhi High Court recently refused anticipatory bail to a Senior Section Engineer of the Railways, who was hauled up in a corruption case following trap proceedings conducted on co-accused.In doing so, Justice Shalinder Kaur debunked the petitioner's contention that the CBI had not obtained sanction under Section 17A of the Prevention of Corruption Act, in order to prosecute him.The...
Delhi High Court Weekly Round-Up: May 05 To May 11, 2025
Citations 2025 LiveLaw (Del) 509 to 2025 LiveLaw (Del) 534NOMINAL INDEXDEEPA JOSEPH & ANR. v. UNION OF INDIA & ANR 2025 LiveLaw (Del) 509 Royal Challengers Sports Private Limited v. Uber India & Ors. 2025 LiveLaw (Del) 510 LALIT SHARMA AND ORS v. UNION OF INDIA & ORS 2025 LiveLaw (Del) 511 Varun Jindal v. Union of India 2025 LiveLaw (Del) 512 Sanjay Kumar Yadav v. Union...
Being Foreign National No Ground To Deny Bail In NDPS Case Specially When Passport Of Accused Is Seized: Delhi High Court
The Delhi High Court has ruled that being a foreign national is no ground to deny bail under Narcotic Drugs and Psychotropic Substances Act, 1985, especially when passport of the accused is seized. While granting bail to a woman–having a passport of Kyrgyzstan–in an NDPS case, Justice Shalinder Kaur observed:“This Court, while not discounting the concerns raised, is also cognizant of...
Delhi High Court Directs Indian Nursing Council To Decide Plea For Proper Functioning Of Nurses Registration And Tracking System
The Delhi High Court has directed the Indian Nursing Council to decide a representation seeking proper functioning of the Nurses Registration and Tracking System (NRTS). A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela disposed of a PIL filed by Indian Professional Nurses Association on the issue. The plea sought a prayer than an appropriate direction be...
Delhi High Court Issues Directions For Smooth Rehabilitation Of Madrasi Camp Dwellers, Orders Demolition From June 01
The Delhi High Court has issued a slew of directions for smooth rehabilitation of the Madrasi Camp dwellers in the national capital, while ordering that the demolition of the camp will commence from June 01.A division bench comprising Justice Prathiba M Singh and Justice Manmeet Pritam Singh Arora observed that the demolition ought to be done in a systematic manner and that rehabilitation of...
BJP MP Nishikant Dubey, Lawyer Jai Anant Dehadrai Remove 'Defamatory' Post Against Mahua Moitra, Delhi High Court Closes Plea
The Delhi High Court has closed a plea filed by Trinamool Congress leader Mahua Moitra against allegedly defamatory social media post made against her by BJP MP Nishikant Dubey and lawyer Jai Anant Dehadrai.Justice Manmeet Pritam Singh Arora disposed of the application after Dubey's counsel informed the Court that the impugned post on Facebook has been deleted. Dehadrai, appearing in...