Delhi High Court
Delhi HC Issues Notice To Prison Authority, NIA On Separatist Leader Nayeem Khan's Plea Against Withdrawal Of Calls, E-Mulaqat Facilities
The Delhi High Court on Monday issues notice on a plea filed by Separatist leader Nayeem Ahmad Khan challenging various circulars issued by the Prison authorities over the alleged withdrawal of phone calls and e-mulaqat facilities to him.Justice Sachin Datta sought response of the prison authorities, Delhi Government and the National Investigation Agency (NIA) and listed the matter for hearing...
Imposition Of Conditions By Customs For Provisional Release Of Seized Goods 'Discretionary': Delhi HC Tunes Down 130% Bank Guarantee
The Delhi High Court has held that the imposition and severity of conditions imposed by the Customs Department for permitting provisional release of seized goods is “discretionary” in nature.In doing so, a division bench of Justices Prathiba M. Singh and Dharmesh Sharma scaled down the alleged onerous condition imposed on an importer, for executing a Bank Guarantee of 130% of the...
Ratan Tata Is Well-Known Personal Name, Needs To Be Protected From Unauthorised Use By Third Party: Delhi High Court
The Delhi High Court has said that the name of industrialist Ratan Tata is a “well- known personal name or trademark” which needs to be protected from any unauthorised use by any third party.Justice Mini Pushkarna ruled in favour of Ratan Tata Trust in a suit filed against a journalist- Dr. Rajat Srivastava, alleging that the latter was unauthorisedly using Ratan Tata's name to host an...
Bald Allegations Against Investigating Officer Not Sufficient To Transfer Probe To Another Agency: Delhi High Court
The Delhi High Court has observed that transfer of investigation to another agency is only done in rare and exceptional cases where high officials of State authorities are involved.“Accusations against an investigating officer alone is not sufficient to transfer investigation unless there is sufficient material to show that the investigating officer is mixed up with the accused....
Delhi High Court Weekly Round-Up: February 03 To February 09, 2025
Citations 2025 LiveLaw (Del) 122 to 2025 LiveLaw (Del) 152NOMINAL INDEXSunil Kumar Singh v. Union of India 2025 LiveLaw (Del) 122 LALIT SHARMA AND ORS v. UNION OF INDIA AND ORS. 2025 LiveLaw (Del) 123 NEERAJ SHARMA v. PIO MINISTRY OF HOME AFFAIRS JKL DIV AYODHYA SECTION AND ANR. 2025 LiveLaw (Del) 124 Divyansh Bajpai vs. State (Govt. Of NCT Of Delhi) And Anr 2025 LiveLaw (Del)...
Not An Enabling Provision, Proscribes Reassessment Action Beyond Limitation: Delhi HC Explains Timelines U/S 149 Of Income Tax Act
The Delhi High Court has made it clear that Section 149 of the Income Tax Act, which prescribes a limitation period for initiating reassessment against an assessee, is not an enabling provision but rather a proscription on the Assessing Officer's powers.A division bench of Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela observed,“The opening sentence of Section 149(1) of the...
Delhi High Court Declares 'Peter England' As Well Known Trademark, Says Public Figures Regularly Acted As Brand Ambassadors
The Delhi High Court has declared “Peter England”, an international menswear brand, as a well-known trademark under Section 2(1)(zg) of the Trade Marks Act, 1999.“…. this Court is of the view that the mark of the plaintiff, “PETER ENGLAND” is entitled to be declared as a “Well-Known” mark. Accordingly, it is so declared,” Justice Mini Pushkarna said. The Court noted that...
Delhi High Court Upholds Validity Of S.132 Of Companies Act Establishing National Financial Reporting Authority, NFRA Rules
The Delhi High Court has upheld the constitutional validity of Section 132 of the Companies Act, 2013, and Rules 3, 8, 10 and 11 of the National Financial Reporting Authority Rules, 2018.Section 132 of the Companies Act states: (1) The Central Government may, by notification, constitute a National Financial Reporting Authority to provide for matters relating to accounting and auditing...
Separatist Leader Nayeem Khan Moves Delhi High Court Against Prison Circulars Over Withdrawal Of Calls, E-Mulaqat Facilities
Separatist leader Nayeem Ahmad Khan has moved the Delhi High Court challenging various circulars issued by the Prison authorities over the alleged withdrawal of phone calls and e-mulaqat facilities to him. The matter will be heard on Monday by Justice Sachin Datta. Khan has challenged the circulars issued by the Director General (Prisons) on September 02, 2022, December 26, 2022, April 22,...
Superannuation Fund | Limit On Deduction Of Employer's Contribution Applies To Initial/ Annual Contribution, Not Additional Payments: Delhi HC
The Delhi High Court has held that the limit prescribed under Section 36(1)(iv) of the Income Tax Act 1961, on deductions that an employer can seek for contributions made towards superannuation funds, applies only at the stage of setting up the fund or making ordinary annual payments.A division bench of Justices Yashwant Varma and Harish Vaidyanathan Shankar said any contribution...
Delhi High Court Directs State Trading Corporation Of India To Fully Reimburse Medical Expenses Of ₹23.79 Lakhs To Its Retired Employee
The Delhi High Court recently directed the State Trading Corporation of India Ltd (STC) to reimburse medical expenses of Rs.23.79 lakh to one of its former employees, incurred by him due to the hospitalization of his wife.Justice Jyoti Singh observed that the government company's circular placing a cap on the amount of reimbursement that can be claimed by its retired employees, could not be...
Corporate Debtor Immune From Prosecution Under PMLA Post Approval Of Resolution Plan: Delhi High Court
The Delhi High Court bench of Justice Manmeet Pritam Singh Arora has held that in accordance with Section 32A(1) of the Insolvency and Bankruptcy Code, 2016 (IBC), a Corporate Debtor that has successfully undergone a resolution process under Section 31 of the IBC shall not be prosecuted for offences committed prior to the commencement of the CIRP. Brief Facts On 26.07.2017...