Delhi High Court
Separate Notice For Counter Claims U/S 21 Of A&C Act Not Required When Arbitration Proceedings Are Pending Between Parties: Delhi HC
The Delhi High Court bench of Justice Subramonium Prasad has observed that where the disputes between the parties are already the subject matter of an earlier arbitral reference, a separate notice under Section 21, Arbitration and Conciliation Act, 1996 (“ACA”) would not be necessary for separate proceedings to adjudicate counter claims. Facts The present petition under...
Directors Not Personally Liable For Non-Fulfilment Of Company's Export Obligations Unless Specific Role Is Alleged: Delhi HC
The Delhi High Court has held that unless specific allegations which discuss the role of a director in the export performance are made, there is no question of finding the director personally liable for non-fulfilment of export obligations by the company.Justice Tara Vitasta Ganju relied on Santanu Ray vs. Union of India where the Supreme Court discussed vicarious liability of directors. In...
Defamation: Delhi High Court Seeks BJP Leader Tajinder Bagga's Response On Plea By Subramanian Swamy
The Delhi High Court on Wednesday sought response of BJP leader Tajinder Pal Singh Bagga in a plea filed by Subramanian Swamy who was summoned in a criminal defamation case filed by the former.Bagga had filed the defamation complaint over a tweet made by Swamy, claiming it to be false and defamatory in nature.Justice Ravinder Dudeja sought reply of Bagga within four weeks, including on the...
Mere Quarrels Or Fights In Marriage Or Family Not Sufficient For Abetment Of Suicide: Delhi High Court
The Delhi High Court has held that mere quarrels or fights in a marriage or family do not amount to the offence of abetment of suicide. Justice Ravinder Dudeja observed that abetment is constituted by instigating a person to commit an offence or engaging in a conspiracy to commit it or intentionally aiding a person to commit it.Mere harassment may not be enough for abetment. There must be...
Champak Magazine Moves Delhi High Court Alleging Trademark Infringement By BCCI Over Naming IPL Robot Dog 'Champak'
Champak Magazine on Wednesday filed a trademark infringement suit before the Delhi High Court against Board of Control for Cricket in India (BCCI) over naming of Indian Premier League's (IPL) AI robot dog as “Champak.”Justice Saurabh Banerjee issued notice on the interim injunction application filed by the comic magazine and granted four weeks' time for filing of written responses....
Compassionate Appointment, An Exception To Regular Recruitment, Can Be Denied If Dependents Received Sufficient Benefits : Delhi HC
The Delhi High Court bench comprising of Justice Prateek Jalan held that compassionate appointment, an exception to regular recruitment, is granted only to relieve financial hardship after a government servant's death in service. It can be denied if the family is financially stable or has received sufficient benefits under various schemes. Background Facts The petitioner's father...
SCN Uploaded On 'Additional Notices' Tab Of GST Portal Not Proper: Delhi High Court
The Delhi High Court has made it clear that uploading of show cause notice by the GST department under the 'additional notices' tab on its portal is not proper as the assessee may miss it.The decision is a contrast to a coordinate bench decision rendered in July last year, holding that uploading of notices under the heading 'additional notices' amounts to sufficient service.A division bench...
Delhi High Court Dismisses BSNL's Appeal U/S 37 Of A & C Act, Upholds Arbitral Award Of Rs. 43.52 Crore
The Delhi High Court bench of Justices Vibhu Bakhru and Tejas Karia dismissed BSNL's appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) holding that the Single Judge correctly upheld the Arbitrator's finding that Vihaan Networks Limited carried out the work under the Advance Purchase Order, issued on BSNL's specific instructions, which...
Delhi High Court To Hear Bail Pleas Of Accused In Parliament Security Breach Case Next Week
The Delhi High Court on Tuesday (April 29) listed on May 07 the bail pleas filed by two accused persons in the 2023 Parliament security breach case.A division bench comprising Justice Subramonium Prasad and Justice Harish Vaidyanathan Shankar adjourned the bail appeals filed by accused Neelam Azad and Manoranjan D at the adjournment request made on behalf of the ASG, who will be representing...
Pleas In Delhi High Court Against Single Judge Order Holding Restaurants Can't Mandatorily Levy Service Charge
Two appeals have been filed in the Delhi High Court against a single judge ruling which held that service charge and tips are voluntary payments by consumers and cannot be made compulsory or mandatory on food bills by restaurants or hotels.The appeals have been filed by National Restaurant Association of India (NRAI) and Federation of Hotels and Restaurant Associations of India (FHRAI)....
JCIT Not Empowered To Issue Sanction For Reassessment Under Proviso To S.151(1) Of Income Tax Act: Delhi High Court
The Delhi High Court has held that sanction for initiation of reassessment action against an assessee under the proviso to Section 151(1) of the Income Tax Act 1961, cannot be issued by the Joint Commissioner of Income Tax.Section 151(1) contemplates issuance of sanction by JCIT for initiating reassessment action under Section 148 against an assessee who has already undergone...
Influencers' Video Criticizing Product Based On Lab Results Prime Facie Not Defamatory Against Brand: Delhi High Court
The Delhi High Court has refused to grant a temporary injunction in favour of San Nutrition Private Limited in its plea against alleged defamation, disparagement and trademark infringement by four social media influencers who made videos featuring San Nutrition's 'Doctor's Choice' products.San Nutrition Private Limited (plaintiff) sought action against content creators Arpit Mangal, Kabir...