Delhi High Court
No Unfettered Right To Cross-Examine Person Making Statements U/S 138(B) Customs Act: Delhi High Court
The Delhi High Court has made it clear that a person facing charges under the Customs Act, 1962 does not have an unfettered right under Section 138B, to cross-examine the informant or person making incriminatory statements.Section 138(B) of the Customs Act of 1962 deals with the admissibility of statements made during customs proceedings.A division bench of Justices Prathiba M. Singh and...
Consensual Nature Of Relationship Irrelevant For Prosecution Under POCSO Act: Delhi High Court
The Delhi High Court has observed that prima facie, the consensual nature of relationship between the accused and prosecutrix is irrelevant for prosecution under the POCSO Act. Rejecting the accused's plea that the relationship between him and the prosecutrix was consensual in nature, Justice Sanjeev Narula said:“This plea of consensual relationship is legally immaterial. Under the POCSO...
Mediation Time Period Can Be Excluded While Computing Limitation For Filing Written Statement: Delhi High Court
The Delhi High Court has observed that the time spent during the mediation process can be excluded while calculating the limitation period for filing a written statement under the Delhi High Court (Original Side) Rules, 2018.Remarking that asking parties to file written statements during the mediation process would be against the spirit of mediation, Justice Subramonium Prasad said “In...
Delhi High Court Grants Custody Parole To MP Engineer Rashid To Attend Parliament, Proscribes Him From Using Internet Or Speaking To Media
The Delhi High Court on Monday granted custody parole of two days to Jammu and Kashmir MP Rashid Engineer, who is detained in relation to a terror funding case registered under UAPA.Rashid sought custody parole in order to attend the Parliamentary budget session.“Custody parole is being granted for 2 days in the peculiar facts of this case… Conditions are imposed,” Justice Vikas...
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...