Delhi High Court
Victim Has Right To Participate In Trial But Can't Override Public Prosecutor: Delhi High Court
The Delhi High Court has recently observed that a victim has a right to participate in the criminal proceedings but cannot override the Public Prosecutor who acts as an independent Officer of the Court. Justice Subramonium Prasad said that the right of participation would always mean right to be heard but the victim's counsel cannot override an argument taken by the Public Prosecutor nor can...
Arbitral Tribunal Imposing Exorbitant Interest Not Violative Of Fundamental Policy Of Indian Laws: Delhi High Court
The Delhi High Court bench of Justice Yashwant Varma and Justice Dharmesh Sharma, while hearing a review petition of an appeal filed by the appellant u/s 37(1)(b) of the A&C Act read with Section 13 of the Commercial Court Act observed that the exuberant interest rate charged in the commercial world depends upon the transparency of the terms and conditions of the contract entered...
Purpose & Function Of Product Is Relevant For Classification Under 'Customs Tariff' Heading, Not Tech Used In Such Product: Delhi High Court
The Delhi High Court has held that it is not the technology which is used in the product that decides its HSN classification under the Customs Tariff Heading (CTH) for the purposes of Customs Tariff Act, 1975. A division bench of Justices Vibhu Bakhru and Swarana Kanta Sharma held that it is rather the product, which may be created using a particular technology, which decides the...
Merit Based Review Of Arbitral Award Is Impermissible Under Section 37 Of Arbitration Act: Delhi High Court
The Delhi High Court bench of Justices Vibhu Bakhru and Sachin Datta affirmed that the scope of jurisdiction under Section 34 and Section 37 of the Act is not akin to normal appellate jurisdiction. It is well-settled that that a merit based review of an arbitral award involving reappraisal of factual findings is impermissible. The mere possibility of an alternative view on facts...
'Sorry State Of Affairs': Delhi HC Summons Tihar Jail Superintendent Over Failure To Provide Medical Assistance To PMLA Accused
The Delhi High Court has summoned a superintendent of Tihar Jail over failure to provide medical assistance to an accused in a money laundering case despite a judicial order.Justice Chandra Dhari Singh directed the concerned Jail Superintendent to be present before the Court on November 26 and explain the reasons as to why contempt proceedings should not be initiated against him for...
Delhi High Court Refuses To Quash FIR Against Matrix Cellular, Others Accused Of Selling Substandard Oxygen Concentrators During COVID-19
The Delhi High Court has refused to quash an FIR registered against Matrix Cellular, its CEO and others accused of selling defective and substandard oxygen concentrators at inflated prices during the COVID-19 pandemic.Justice Dinesh Kumar Sharma said that it is not appropriate to quash the proceedings at the stage while investigation is still pending.“The factum of oxygen concentrators...
Delhi High Court Issues Notice On Arvind Kejriwal's Plea Against Cognizance Of ED Chargesheet, No Stay Granted Today
The Delhi High Court on Thursday issued notice on the plea filed by Aam Aadmi Party (AAP) Chief Arvind Kejriwal challenging a trial court order which took cognizance of ED's chargesheet against him in the money laundering case linked to the alleged excise policy scam.Justice Manoj Kumar Ohri granted time to ED to respond to the plea. However, the Court did not pass any order in the...
Delhi High Court Dismisses Plea Against Registration Granted To AIMIM As Political Party
The Delhi High Court has dismissed a petition seeking quashing of the registration granted by Election Commission of India (ECI) to All India Majlis-e-Ittehadul Musalimeen (AIMIM) as a political party.Justice Prateek Jalan rejected the plea moved by one Tirupati Narashima Murari who also challenged a circular issued by ECI in 2014 granting recognition to AIMIM as a State level party in the...
Delhi High Court Issues Permanent Injunction Against Copyright Infringement Of 'Mirchi' And 'Radio Mirchi' Content
The Delhi High Court has issued a permanent injunction against unauthorized broadcasting and transmission of audio content owned by Entertainment Network (India) Limited, a radio broadcaster, which owns and operates FM radio stations across the country under the trademarks 'Mirchi', 'Radio Mirchi' and 'Sunday Suspense'.Entertainment Network (plaintiff), sought a permanent injunction...
Delhi HC Upholds Denial Of Capital Gain Exemption For Property Described In Sale Deed As “Makaan” But Having Brick-Kiln Construction
The Delhi High Court has refused to interfere with an ITAT order declining capital gain exemption under Section 54F of the Income Tax Act, 1961 with respect to a property described as “makaan” (house) in the registered sale deed but in actuality having a brick kiln construction. Section 54F offers exemption from long-term capital gain tax on the sale of non-residential assets when...
Delhi High Court Orders DDA, MCD To Demarcate Their Jurisdictions; Asks LG To Consider Conducting Survey
The Delhi High Court has directed the Delhi Development Authority (DDA) and Municipal Corporation of Delhi (MCD) to demarcate their boundaries and jurisdictions in the national capital with precision (longitude and latitude) as far as possible.“The Hon'ble Lieutenant Governor is directed to consider extending the survey to the whole of Delhi so that the jurisdiction of all statutory...
Plausible View Taken By Arbitrator Based On Facts Of Case Cannot Be Interfered With U/S 34 Of Arbitration Act: Delhi High Court
The Delhi High Court bench of Justice Jasmeet Singh affirmed that once an arbitrator has taken a plausible view based on the facts of the case, such a view cannot be interfered with under section 34 of the Arbitration Act. Brief Facts This is a petition under section 34 of the Arbitration and Conciliation Act, 1996 seeking setting aside of the impugned Arbitral Award dated...