Delhi High Court
Delhi High Court Rules In Favour Of Korean Brand 'Beauty Of Joseon', Orders Cancellation Of Identical Trademark
The Delhi High Court has ruled in favour of “Beauty of Joseon”, a Korean beauty brand, while ordering cancellation of an identical trademark registered in favour of a man on “proposed to be used basis.”Justice Amit Bansal allowed the plea moved by Goodai Global Inc, the parent company which owns Beauty of Joseon brand. It was Goodai Global's case that one Shahnawaz Siddiqu,...
Can MP Rashid Engineer Be Granted Custody Parole To Attend Parliament? Delhi High Court Asks NIA
The Delhi High Court on Thursday sought stand of the National Investigation Agency (NIA) on whether Jammu and Kashmir MP Rashid Engineer can be granted custody parole to attend the Parliamentary budget session. Justice Vikas Mahajan asked the NIA counsel to obtain instructions and listed the matter for hearing tomorrow. “He is an elected MP. What is the difficulty of sending him in...
What Is The Time Period Surviving U/S 149 Of Income Tax Act For Issuing Reassessment Notices: Delhi High Court Explains
The Delhi High Court has interpreted the Supreme Court's decision in Union of India v. Rajeev Bansal to elucidate the time period surviving under Section 149 of the Income Tax Act, 1961 for issuing reassessment notices.A division bench of Justices Yashwant Varma and Harish Vaidyanathan Shankar concluded that the period between 20 March 2020 to 30 June 2021 would be excluded from limitation,...
Award Passed By Improperly Appointed Arbitrator Is Non-Est In Law And Invalid: Delhi High Court
The Delhi High Court bench of Justice Jasmeet Singh has held that it is settled law that the Arbitrator is a creature of the contract and has to function within four corners of contract. If a particular mechanism is contemplated for his appointment, the same must be followed in its true letter, spirit and intent, failing which the Arbitrator is without jurisdiction and the appointment...
Adobe India Is Not Dependent Agent PE Of Adobe Ireland: Delhi High Court Negates Attribution Of Further Profits
The Delhi High Court has upheld an order of the Income Tax Appellate Tribunal to the effect that Adobe Systems India Pvt. Ltd is not a dependent agent permanent establishment (DAPE) of Adobe Systems Software Ireland Ltd.In doing so, a division bench of Justices Yashwant Varma and Harish Vaidyanathan Shankar affirmed that no further attribution of profit can be made as Adobe India was...
Delhi High Court Disposes Pleas For Release Of Payment To Coaching Institutes Under 'Jai Bhim Mukhyamantri Pratibha Vikas Yojna'
The Delhi High Court has disposed of petitions where various coaching institutes sought directions to the Delhi government to implement 'Jai Bhim Mukhyamantri Pratibha Vikas Yojna', after taking note of the steps being taken by the Special Secretary of the Department for the Welfare of SC/ST/OBC (DSCST) to resolve the issue concerning payment to coaching institutes under the said...
Aaradhya Bachchan Moves Delhi High Court Seeking Summary Judgment In Suit Against Misleading Content
Aaradhya Bachchan, daughter of Bollywood actors Abhishek Bachchan and Aishwarya Rai Bachchan, has moved the Delhi High Court seeking summary judgment in her suit against misleading content uploaded against her by various YouTube channels.On February 03, Justice Mini Pushkarna issued notice to nine YouTube channels, including Bollywood Time, on Aaradhya's application. The application has...
Construction Of Terms Of Contract Must Be Primarily Decided By Arbitrator, Not Court U/S 34 Of Arbitration Act: Delhi High Court
The Delhi High Court bench of Justice Dinesh Kumar Sharma has held that Construction of the terms of the contract is primarily for the arbitrator to decide, unless it is found that such a construction is not at all possible. Brief Facts: After a competitive bidding process, a contract was entered into between the petitioner and the respondent. The contract required the supply of 8000...
Suo Moto Disallowance Made By Assessee Under Bonafide Belief Of Tax Liability Can Be Rectified U/S 264 Of Income Tax Act Without Amending ITR: Delhi HC
The Delhi High Court has held that an application for revision under Section 264 of the Income Tax Act, 1961 can be preferred by an assessee who makes suo motu disallowance in its Return of Income (RoI/ ITR), under a bonafide yet mistaken belief that the same was liable to be offered for taxation.A division bench of Justices Yashwant Varma and Harish Vaidyanathan Shankar added that the...
Not Having Birth Certificate Due To Socio-Economic Backwardness No Ground To Deny Participation In Sport Events: Delhi High Court
The Delhi High Court has observed that not having a birth certificate evidencing age of an individual due to socio-economic backwardness is no ground to deny the opportunity to compete or participate in sport events. “This Court cannot be oblivious of the fact that on account of socio- economic backwardness, it may not have been feasible in some cases, to obtain the birth...
Info Requiring Analysis Of Legal Proceedings Outside Purview Of RTI Act: Delhi HC Quashes Order To Inform On Ex-Parte Injunctions Given By ADJ
Setting aside CIC's order directing Patiala House Court PIO to furnish information on the number of cases in which a judge granted ex-parte injunction in relation to cases represented by a particular advocate and in suits filed by a particular company, the Delhi High Court observed such queries require an analysis of the relevant judicial proceedings.It further said that such an analysis...
Encroachment Delaying DDA's Yamuna River Restoration Work: Delhi HC Rejects Farmers' Plea For Occupation In Flood Plain, Imposes ₹5K Cost
In a plea for a restrain on Delhi Development Authority (DDA) and other authorities from disturbing the possession of land located on the Yamuna river bank by certain farmers, the Delhi High Court said that it appeared that the petitioners had encroached upon the land which falls in the flood plain area.The court further said that this had also delayed the implementation of...