Delhi High Court Monthly Digest: December 2024 [Citations 1305 - 1394]

Citations 2024 LiveLaw (Del) 1305 to 2024 LiveLaw (Del) 1394NOMINAL INDEXDELHIVERY LIMITED versus STERNE INDIA PRIVATE LIMITED 2024 LiveLaw (Del) 1305 Panchhi Petha Store vs. Union Of India & Ors 2024 LiveLaw (Del) 1306 OVINGTON FINANCE PVT. LTD. versus BINDIYA NAGAR 2024 LiveLaw (Del) 1307 HCL Infosystems Ltd. v. Commissioner Of State Tax & Anr. 2024 LiveLaw (Del) 1308 SHRI KR...

Delhi High Court Annual Digest 2024 [Part I]

Citations 2024 LiveLaw (Del) 1 to 2024 LiveLaw (Del) 400Goodwill Acquired After 'Terminus Ad Quem' Inconsequential: Delhi HC Declines Interim Relief To 'Khadi' In Trademark Infringement SuitTitle: KHADI AND VILLAGE INDUSTRIES COMMISSION v. GIRDHAR INDUSTRIES AND ANR.Citation: 2024 LiveLaw (Del) 1The Delhi High Court has refused to pass interlocutory injunction order against two entities...

'Employer Can't Recover Excess Amount For Period Extending 5 Years', Delhi High Court Reiterates

A Single Bench of the Delhi High Court comprising Justice Jyoti Singh held that the recovery of an excess amount of Rs. 9 lacs would not be just and fair. The Court reiterated that although an Employer has the right to recover the excess amount mistakenly paid to an Employee, the same cannot be done in cases where the excess payment has been made for a period in excess of five...

Phrase "Where It Is Possible To Do" U/S 73(4B) Of Finance Act Doesn't Make Timeline To Determine Service Tax Dues 'Suggestive': Delhi HC

The Delhi High Court has held that the usage of expression "where it is possible to do so" doesn't make the timeline stipulated under Section 73(4B) of the Finance Act, 1994 to determine service tax dues 'suggestive' in nature. A division bench of Acting Chief Justice Vibhu Bakhru and Justice Swarana Kanta Sharma observed, “...Section 73(4B) was framed and introduced in...

Delhi HC Upholds Limited Judicial Interference In Arbitral Awards, Dismisses S.34 Plea Challenging Award Of ₹77.96 Crore In Telecom Dispute

The Delhi High Court bench of Justice Dinesh Kumar Sharma has observed that it is no longer res integra that while dealing with the objections under Section 34, a court does not sit in appeal over the arbitral award. The court observed that under Section 35(2)(a), an award can be set aside only if the petitioner establishes that the parties were under some incapacity or...

Doctrine Of Equality Applies To Punishments Across Different Forces Under Same Administrative Framework: Delhi HC

Delhi High Court: A Division Bench of Justices Navin Chawla and Shalinder Kaur set aside the removal from service of two CISF constables. The court found their punishment to be disproportionate compared to an ITBP officer who was involved in the same incident. It held that the doctrine of equality applies to punishments across different forces under the Ministry of Home Affairs....

Medical Negligence Not Established By Mere Assertion Of 'Expected Standard Of Care': Delhi High Court

The Delhi High Court has observed that medical negligence cannot be established by mere dissatisfaction or the assertion of an 'expected standard of care', rather it must be demonstrated that the doctor's conduct fell below the level of a reasonably competent practitioner in similar circumstances.Justice Sanjeev Narula remarked, “While it is acknowledged that doctors are expected to apply...

Income From Capital Gains On Certain Assets Which Are Excluded U/S 10(38) Of IT Act Must Be Included While Computing Book Profits: Delhi HC

The Delhi High Court held that proviso to Sec 10(38) cannot be read in reverse to mean that if gains are not included as book profits u/s 115JB, the same are liable to be included as income for purposes of assessment to tax under the normal provisions.Even though, the gains are required to be excluded from income chargeable to tax u/s 10(38), added the Court. As per Section 10(38) of Income...

Delhi High Court Grants Interim Relief To 'Upstox' Against Trademark, Copyright Infringement By Unknown Entities

The Delhi High Court has in an interim order restrained unknown entities from infringing on the 'UPSTOX' trademarks, work marks and copyrighted photographs–an online trading application owned by RKSV Securities India Pvt. Ltd which is an Indian broking firm providing stock trading opportunities.The plaintiff–RKSV Securities India Pvt. Ltd said that it along with its group companies owns...

[UAPA] Contemplation Of Terrorist Act For Years Even Without Giving Effect To It Constitutes A Terrorist Act: Delhi High Court

While hearing an appeal against the conviction of a member of Al-Qaida in Indian Subcontinent (AQIS) under the Unlawful Activities (Prevention) Act (UAPA), the Delhi High Court has observed that contemplation of a terrorist act for years even if it may be carried out to after several years constitutes a terrorist act.A division bench of Justice Prathiba M. Singh and Justice Amit Sharma...

Application For Revocation Of Cancellation Of GST Registration Rejected Just Because Taxpayer Did Not Respond To SCN: Delhi HC Revives Application

The Delhi High Court held that the application for revocation of cancellation of GST registration could not have been dismissed, when apart from using the phrase “any supporting documents” and “others”, no further reason was assigned as to why the said application was dismissed.The High Court held so, while observing that the solitary reason which has weighed upon the respondent to...

Not Essential To Arrest Person Who Voluntarily Appears Before Magistrate For Giving Specimen Signature Or Handwriting: Delhi High Court

The Delhi High Court has recently ruled that it is not essential to arrest a person who voluntarily appears before the Court or Magistrate, pursuant to the application filed by the Investigating Officer, for giving specimen signature or handwriting. A division bench comprising of Justice Prathiba M Singh and Justice Amit Sharma upheld the constitutional validity of proviso to Section 311A...