Sending Legal Notice Or Mediation Request Doesn't Satisfy Section 12A Of Commercial Courts Act Mandating Mediation: Delhi High Court

The Delhi High Court has observed that sending a legal notice or mediation request to a party cannot be considered as a 'compliance' of Section 12A of the Commercial Courts Act, 2015, which mandates mediation before the institution of a commercial suit.A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela held that non-response to such mediation request...

AO Becomes 'Functus Officio' After Closure Of Assessment, Must Put Relevant Incriminating Material To Assessee To Re-Confer Jurisdiction: Delhi HC

The Delhi High Court has made it clear that after the closure of assessment proceedings, the Assessing Officer becomes 'functus officio' and to re-confer jurisdiction upon the AO to initiate re-assessment proceedings, relevant incriminating material ought to be put to the assessee.A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela made the observation...

Failure To Attach Impugned Arbitral Award Along With Section 34 Application Would Render Filing Non-Est: Delhi High Court

A full bench of Delhi High Court comprising of Justice Rekha Palli, Justice Navin Chawla and Justice Saurabh Banerjee while hearing a reference made by a single judge bench in Pragati Construction Consultants v. Union of India [FAO(OS)(COMM) 70/2024] held that if the party challenging an award u/s 34 of the A&C Act does not attach the impugned arbitral award with the...

Two Judicial Officers Sworn In As Delhi High Court Judges

Two judicial officers sworn in as judges of the Delhi High Court on Friday. The two judges are Renu Bhatnagar and Rajneesh Kumar Gupta.On February 19, the Central Government had notified their appointment. The Supreme Court Collegium had recommended their elevation at a meeting held on February...

Delhi HC Restrains Rogue Websites From Infringing Trademark Of Reliance's 'YOUSTA' Fashion Brand, Orders Blocking Of Social Media Accounts

The Delhi High Court has granted an ex-parte ad-interim injunction in favour of Reliance Retail Ltd, restraining several rogue websites and social media accounts from infringing the trademark of its 'Yousta' fashion brand.Justice Mini Pushkarna was considering Reliance Retail Ltd's (plaintiff) suit which alleged that the rogue defendants have established fake social media profiles...

S.173(8) CrPC Inapplicable To Additional Document Already Part Of Record In Incomplete Form, Without Introducing New Allegations: Delhi HC

While upholding the Trial Court's order allowing the prosecution to introduce an additional document, the Delhi High Court has observed that the introduction of the document, which was already a part of the record in an incomplete form and did not introduce any new facts or allegations, did not amount to placing 'fresh evidence'. The Court stated that introducing the additional document was...

'Case Against Co-Accused Out On Bail Much Worse Than Mine': Umar Khalid Tells High Court In Delhi Riots Bail Hearing

Former JNU scholar Umar Khalid on Thursday told the Delhi High Court that the UAPA case, alleging a larger conspiracy into the 2020 North-East Delhi riots, against the co-accused persons who are out on bail is much worse as compared to him. Senior Advocate Trideep Pais was making rebuttal submissions in Khalid's bail plea before a division bench comprising Justice Navin Chawla and...

Mandate Of Serving Grounds Of Arrest In Writing Under UAPA Applies To Arrests From Date Of SC's Pankaj Bansal Ruling: Delhi High Court

The Delhi High Court on Thursday ruled that the mandate of serving grounds of arrest in writing to an arrestee under UAPA will apply to arrests from the date of pronouncement of Supreme Court ruling in Pankaj Bansal case delivered on October 03, 2023, and not from the date of pronouncement of subsequent decision in Prabir Purkayastha case.“…..the ratio of Pankaj Bansal would apply to...

Delhi High Court Temporarily Restrains Instagram Handles From Infringing House Of Masaba's Trademarks

The Delhi High Court has issued a temporary injunction in favour of fashion designer Masaba Gupta's brand House Of Masaba Lifestyle Private Limited, against trademark infringement of its 'Masaba' and 'House of Masaba' marks by certain Instagram pages/handles.The plaintiff–House Of Masaba Lifestyle Pvt Ltd., had submitted that the Instagram pages of the defendants were using its...

Delhi High Court Injuncts Imposter Domain Names From Infringing Trademark Of Tata Power Solar Systems Ltd

The Delhi High Court has issued a permanent injunction in favour of Tata Power Solar Systems Limited, restraining several registrants of domain names from using the domain names and email addresses infringing upon the trademark of the company.Tata Power Solar Systems Limited (plaintiff) filed suit for a permanent injunction against domain names including...

Delhi High Court Refuses To Quash 2016 FIR Against Former DCW Chief Swati Maliwal For 'Naming' 14-Yr-Old Rape Victim

The Delhi High Court has recently refused to quash FIR registered in 2016 against Rajya Sabha MP and former Delhi Commission for Women (DCW) Chief for allegedly revealing the identity of a 14-year-old rape victim. The minor girl had died in a hospital here after a neighbour allegedly raped her repeatedly in city's Burari area in 2016. As per the FIR, the minor was forced a corrosive...

[UAPA] Harbouring Terrorists Provides Them 'Veil Of Secrecy', Creates 'Safe Havens' Endangering Citizens' Security: Delhi High Court

Underscoring that harbouring terrorists is a serious offence under UAPA, the Delhi High Court has said that such an act creates “safe havens” for terrorists and provides them a “veil of secrecy” which endangers the life and security of the citizens. A division bench comprising Justice Prathiba M Singh and Justice Amit Sharma said that harbouring terrorists leads to disturbing society...