High Court Seeks Delhi Police's Response On AAP MLA Naresh Balyan's Bail Plea In MCOCA Case

The Delhi High Court on Monday sought response of the Delhi Police on a plea filed by Aam Aadmi Party (AAP) MLA Naresh Balyan seeking bail in a case registered under the stringent Maharashtra Control of Organised Crime Act, 1999, related to an alleged organised crime. Justice Vikas Mahajan issued notice on Balyan's bail plea and directed the Delhi Police to file a status report. The matter...

70 Important Judgments Of Delhi High Court In 2024 [Part I]

LiveLaw reported 1394 judgments from Delhi High Court in 2024. Here are some of the important decisions:Delhi High Court Fixes Timelines For Interviews, Decision Making Process In Organ Transplant CasesTitle: AMAR SINGH BHATIA & ANR. v. SIR GANGA RAM HOSPITAL & ORS.Citation: 2024 LiveLaw (Del) 12The Delhi High Court has fixed timelines to be followed by the Authorisation Committee...

Referral Courts At Post-Award Stage Must Protect Parties From Being Forced To Arbitrate Non-Arbitrable Claims: Delhi High Court

The Delhi High Court bench of Justice Subramonium Prasad, while refusing to appoint an arbitrator in a Section 11 petition, has held that the referral court in a post-award stage must protect the parties from being forced to arbitrate when, after prime facie scrutiny of the facts the claims are found to be non-arbitrable. The court applied the 'eye of the needle' test, which allows...

Section 13 Of Commercial Courts Act Doesn't Provide Any Independent Right To Appeal In Arbitration Matters: Delhi High Court Reiterates

The Delhi High Court bench of Justice Navin Chawla and Justice Shalinder Kaur has held that an order which neither sets aside nor refuses to set aside the arbitral award, does not fall under the ambit of Section 37(1)(c) of the Arbitration & Conciliation Act and is not appealable. The court observed that appeals in arbitration matters are maintainable only if expressly provided...

'Bharat Gate' Mark Infringes 'India Gate' Mark, Phonetically Similar: Delhi High Court Rules In Favour Of KRBL Rice Company

The Delhi High Court has ruled in favour of KRBL Limited, a company known for its India Gate brand of basmati rice, in a trademark infringement case against “Bharat Gate” brand selling basmati rice.A division bench comprising of Justice C Hari Shankar and Justice Ajay Digpaul set aside a commercial court's order vacating the ad interim injunction granted in favour of India Gate,...

Importation Of Wireless Access Points Which Operate Solely On MIMO Technology Exempt From Customs Duty: Delhi High Court

Coming to the rescue of an IT distribution company, the Delhi High Court has held that the import of Wireless Access Points (WAPs), which operate on MIMO technology, are exempt from Customs duty.In doing so, the division bench of Acting Chief Justice Vibhu Bakhru and Justice Swarana Kanta Sharma held that the word “and” used between 'MIMO and LTE Products', which are eligible for...

Delhi High Court Annual Digest 2024: Part IV [Citations 1201 - 1394]

Citations 2024 LiveLaw (Del) 1201 to 2024 LiveLaw (Del) 1394Delhi High Court Restrains 'Rogue App' From Streaming Star's ContentsCase title: Star India Private Limited vs. Tajkir Mohammad Tanvir (King's Pro+) And Ors.Citation: 2024 LiveLaw (Del) 1201In relation to a copyright suit filed by Star Channels, the Delhi High Court has restrained a 'rogue app' and related websites from...

Delhi High Court Reserves Verdict On Ashok Swain's Plea Against Cancellation Of OCI Card

The Delhi High Court has recently reserved judgment on the plea moved by academic and writer Ashok Swain challenging an order issued by the Central government cancelling his OCI card. Justice Sachin Datta reserved verdict in the plea which contends that Swain cannot be witch-hunted for his views on current government or its policies.The impugned order was passed on July 30, 2023, after...

Penalties Like Seizure, Detention Of Goods In Transit U/S 129 CGST Act Shouldn't Be Imposed To Penalise Minor Breaches: Delhi High Court

The Delhi High Court has held that Section 129 of the Central Goods & Services Tax Act, 2017 which pertains to detention, seizure and release of goods while in transit cannot be invoked for imposing penalties for minor breaches, like incomplete e-way bill.A division bench of Justices Yashwant Varma and Harish Vaidyanathan Shankar further held that Section 129 cannot, merely by virtue of...

NDPS Act | Delhi High Court Grants Bail To Former Punjab AAG Booked For Transporting Drugs, Says Twin Conditions U/S 37 Satisfied

The Delhi High Court has granted bail to lawyer and former Additional Advocate General for the State of Punjab in a case registered under the Narcotic Drugs and Psychotropic Substances Act, 1985 last year. Justice Jasmeet Singh granted relief to Vikramjit Singh, observing that the "twin conditions" given under section 37 of the NDPS Act were "satisfied" in the case. The court also noted that...

Mindset That Women Should Endure Suffering In Matrimonial Homes Emboldens Perpetrators: Delhi High Court On Dowry Deaths

While denying bail to a husband in a dowry death case, the Delhi High Court has said that the mindset that women should continue to endure suffering in their matrimonial homes as it is the “right” thing to do after marriage “emboldens” perpetrators. “This mindset emboldens, and is exploited by, perpetrators including a husband, who kills his wife, exploiting the situation that...

Whether Entity Is 'Permanent Establishment' Is A Fact-Specific Issue, Must Be Examined Separately For Different Tax Periods: Delhi High Court

The Delhi High Court has held that whether an entity is a Permanent Establishment (PE) of a foreign company or not is a “fact-specific” issue which must be examined separately for different tax periods.A division bench of Justices Yashwant Varma and Harish Vaidyanathan Shankar observed,“The position of a PE being a facts-specific issue and thus liable to be examined against the backdrop...