Delhi High Court
Adequate Preparation Must To Expand Live Streaming Of Proceedings, Omnibus Directions Can Undermine Security Of Judicial Process: Delhi HC
Observing that adequate preparation is a must for expansion of live streaming of court proceedings, the Delhi High Court has said that issuing omnibus directions in this regard can potentially undermine the quality, confidentiality and security of judicial processes.Justice Sachin Datta noted a coordinate bench ruling wherein it was noted that the Delhi High Court, on the administrative side,...
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)...
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...
“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...
Unconditional Withdrawal Of Prior Petition Filed U/S 11 Of A&C Act Bars Subsequent Petition On Same Cause Of Action: Delhi High Court
The Delhi High Court bench of Justice Manoj Kumar Ohri has observed that if a petition for appointment of arbitrator is withdrawn without liberty to file a fresh petition, then by application of Order 23 Rule 1(4), CPC, a subsequent petition on the same cause of action would be barred. Facts The contract between the Petitioner and Respondent No. 1 pertained to the construction of...
Delhi High Court Issues Notice On PIL To Provide 24 Hours Service For Blood Donation Without Restrictions
The Delhi High Court has issued notice on a PIL seeking direction on the Union Government to take necessary action to provide 24 hours service for blood donation, without any restrictions.A division bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela sought response of the Centre through Ministry of Health & Family Welfare. The matter will be heard on...
Serving Grounds Of Arrest On Accused During Remand Not Valid, 'Contemporaneous Record' In Police Diary Necessary: Delhi High Court
The Delhi High Court has observed that serving grounds of arrest to an arrestee as part of the remand application moved by the Police before the Magistrate is no compliance with the requirements of law.Justice Anup Jairam Bhambhani held that since grounds of arrest must exist before an arrest is made, there must be a contemporaneous record of the grounds of arrest in the police diary or...
Delhi High Court Weekly Round-Up: March 17 To March 23, 2025
Citations 2025 LiveLaw (Del) 321 to 2025 LiveLaw (Del) 352NOMINAL INDEXBentwood Seating System (P) Ltd. vs Airport Authority Of India & Anr 2025 LiveLaw (Del) 321 Mercedes Benz Group AG v. Minda Corporation Limited 2025 LiveLaw (Del) 322 GOPAL MISHRA & ANR v. STATE 2025 LiveLaw (Del) 323 DOMINOS IP HOLDER LLC & ANR. v. M/S DOMINIC PIZZA & ORS. 2025 LiveLaw (Del) 324 M/S...
Would Send Wrong Signals To Society: Delhi High Court Denies Anticipatory Bail To Film Director Accused Of Rape, Clicking Obscene Pics
Refusing anticipatory bail to a rape accused, the Delhi High Court observed that granting anticipatory bail in a case where a film direction allegedly allured the victim on the pretext of making her a heroine and then sexually exploited her, would send wrong signals across the society.Justice Girish Kathpalia remarked “This is not a case of regular bail sought by the petitioner after...