Cheque Dishonor | Conviction Alone Not Sufficient For Appellate Court To Seek 20% Deposit, Must Consider Attending Circumstances: Delhi HC

The Delhi High Court has observed that a conviction under Section 138 of the Negotiable Instruments Act for dishonour of cheque cannot itself qualify as a reason for an Appellate Court to direct the accused to deposit 20% of fine or compensation under Section 148 NI Act. It stated that the Appellate Court has to consider various circumstances such as the nature of transaction,...

Misuse Of Firecrackers Can Cause Not Only Ocular Injuries But Also Other Bodily Harm: Delhi High Court Calls For Inclusive Prayers In PIL

The Delhi High Court on Wednesday heard a public interest litigation concerning the issue of ocular injuries caused due to usage of firecrackers, in absence of proper safeguards followed during manufacturing of the products.A division bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela observed that misuse of firecrackers can result not only in ocular...

Delhi High Court Issues Notice On PIL To Reduce Bird Strike With Aircrafts, Close Illegal Slaughterhouses Near IGI Airport

The Delhi High Court on Wednesday issued notice on a public interest litigation seeking to reduce bird aircraft strike hazard and to close illegal slaughterhouses around the Indira Gandhi International (IGI) Airport. A division bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela sought response of Union of India through Directorate General of Civil...

Transfer Pricing | 'Resale Price Method' Most Appropriate To Determine ALP Where Distributor Makes No Value Addition To Imported Products: Delhi HC

The Delhi High Court has made it clear that where the distributor of an imported product makes no value addition to it before sale, Resale Price Method is the most appropriate method to determine the arm's length price in relation to its business with an Associated Enterprise.A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela thus dismissed the...

Delhi High Court Declares 'Taj' As Well Known Trademark For Services In Hotel And Hospitality Industry

The Delhi High Court has declared “Taj” a well known trademark in respect of hotels and other related services in the hospitality industry. “The long duration for which the TAJ marks have been in use by the plaintiff, wide geographical area of their use, their knowledge among the general public and their goodwill and reputation due to the extensive promotion, publicity and extensive...

Delhi High Court Refuses Interim Bail To PFI Leader Shahid Nasir In UAPA Case, Asks Him To Move Special NIA Court

The Delhi High Court has refused to grant interim bail to Popular Front of India (PFI) leader Shahid Nasir in a case registered by NIA under UAPA. A division bench comprising Justice Prathiba M Singh and Justice Rajneesh Kumar Gupta observed that the application for interim bail ought to be first moved before the Special NIA Court.“This Court has not considered the merits of the matter....

Delhi High Court Slams Directorate General Of Foreign Trade For Cancelling Trader's DEPB License 15 Yrs After SCN Was Issued

The Delhi High Court recently quashed a Directorate General of Foreign Trade (DGFT) communication cancelling the license issued to a trader involved in import and export of goods, citing almost fifteen years delay in culminating the show cause notice.Justice Sachin Datta cited Vos Technologies India Pvt. Ltd. v. The Principal Additional Director General & Anr. (2024) where the Delhi...

Delhi High Court To Examine Scope Of Customs Jurisdiction Under E-Cigarettes Act After Seizure Of "De-Addiction" Devices

The Delhi High Court is set to examine the extent of jurisdiction which can be exercised by the Customs Department under the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019.A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta have sought the authority's response on a private...

Delhi HC Flags CBI's Contradictory Approach, Highlights Difference Between Notice To Witness U/S 160 CrPC And Notice To Accused U/S 41A CrPC

While granting anticipatory bail to an individual accused of cheating and cyber fraud, the Delhi High Court observed that if the arrest of a person accused of a cognisable offence punishable for less than seven years is not required, the investigating agency has to issue a notice under Section 41A CrPC before the proceedings with the arrest.Justice Vikas Mahajan observed “The law is clear...

Delhi High Court Refuses To Stay Trial Of BJP Leader Kapil Mishra In 2020 FIR For Alleged Communal Tweets

The Delhi High Court on Tuesday refused to stay trial court proceedings against BJP Minister Kapil Mishra in relation to an FIR filed against him in 2020 over his tweets that the AAP and Congress parties had created a “mini Pakistan” at Shaheen Bagh and that the then Assembly polls would be a contest between “India and Pakistan”.Justice Ravinder Dudeja refused to stay trial...

MP Has No Vested Right To Participate In Parliament, Engineer Rashid Can't Use His Position As Tool To Seek Bail: NIA To Delhi High Court

The National Investigation Agency (NIA) has opposed a plea filed by Jammu and Kashmir MP Engineer Rashid seeking interim bail or custody parole to attend the second part of the parliamentary session which will end on April 04. In its response, NIA has said: “...as the detention in the present case is valid, merely because someone i.e., a Member of Parliament has not been allowed to...

S.450 BNSS | Court Of Chief Judicial Magistrate Can't Transfer A Case Either Suo Moto Or On Any Application: Delhi High Court

The Delhi High Court has ruled that the Court of the Chief Judicial Magistrate cannot transfer a case from one Court or another either suo moto or upon an application being moved to that effect.“…under Section 410 Cr.PC. and Section 450 BNSS the power conferred upon the Chief Judicial Magistrate is only administrative in nature. The Court of Chief Judicial Magistrate cannot “transfer”...