Customs Dept Cannot Run Parallel Proceedings By Passing Penalty Order While Challenge To SCN Is Pending Before Court: Delhi HC

The Delhi High Court has set aside a final order of penalty passed by the Customs Department against a paper trader for alleged undervaluation of imported goods, stating that the same was passed during pendency of challenge to the show cause notice (SCN) issued to the trader.A division bench of Justices Prathiba M. Singh and Dharmesh Sharma observed, “passing of the impugned...

Issue Related To Existence Of Arbitration Agreement Cannot Be Decided Ex-Parte, Without Hearing Respondent: Delhi High Court

A Delhi High Court Bench of Justice Navin Chawla and Justice Shalinder Kaur held that the District Judge should not have decided the issue related to the existence of an arbitration agreement ex-parte, without calling upon the respondent to give its stand on the same.Additionally, the court held that an arbitration agreement, by virtue of the presumption of separability, survives the...

[MV Act] Family Pension Paid To Deceased's Family Can't Be Deducted While Calculating Compensation: Delhi High Court

The Delhi High Court has observed that the family pension being received by legal heirs of a deceased cannot be considered for calculating compensations towards 'Loss of Dependency' payable under the Motor Vehicles Act.Justice Neena Bansal Krishna was considering the appellant/Insurance Company's challenge to the Motor Accidents Claims Tribunal's award, which granted around Rs. 13.36 lakh...

Delhi High Court Seeks NIA's Response On MP Engineer Rashid's Plea Seeking Expeditious Decision On Bail Plea In UAPA Case

Jammu and Kashmir MP Rashid Engineer on Wednesday moved the Delhi High Court seeking expeditious ruling by the trial court on his second regular bail plea in connection with a terror funding case. Justice Vikas Mahajan sought response of the National Investigation Agency (NIA) and listed the matter for hearing next on January 30. Rashid has sought directions to the trial court judge to expedite...

Briefing Standing Counsel, Obtaining Approvals From Officials Not 'Sufficient Cause' For Condoning Delay In Filing Appeal: Delhi High Court

While rejecting an appeal moved by Delhi Government's Directorate of Education, the Delhi High Court has ruled that obtaining approvals from officials of its departments and briefing the standing counsel are not “sufficient cause” for application of condonation of delay under Section 5 of the Limitation Act. “In any event, in our considered view the aforesaid plea taken by the appellant...

Delhi Riots: High Court Directs Delhi Govt To Release Compensation Amount To Victims Based On Claims Commission Recommendations

The Delhi High Court has recently directed the Delhi Government to release compensation amount to various victims of the 2020 North-East Delhi riots based on the recommendations of the Claims Commission.Justice Sachin Datta was dealing with a batch of 20 petitions moved by various victims of the riots seeking compensation in accordance with Delhi Government's “Assistance Scheme for the Help...

Accused's Rights Under Article 21 Prevail Over Restrictions On Grant Of Bail Under NDPS Act: Delhi High Court

The Delhi High Court has observed that the rights of an accused enshrined under Article 21 of the Constitution of India prevail over the restrictions on grant of bail mentioned under Section 37 of the Narcotic Drugs And Psychotropic Substances Act, 1985.“I am of the view that the restrictions given under section 37 of NDPS Act cannot take precedence over the petitioner's rights guaranteed...

Only Puffery, No Reference Made To Dabur's Product: Patanjali Defends Chyavanprash Ad Before Delhi HC In Dabur's Trademark Infringement Suit

Resisting Dabur India's fresh injunction application alleging disparaging of its products by Patanjali Ayurveda, the Ramdev Baba led Indian multinational conglomerate on Tuesday told the Delhi High Court that its ad is a mere 'puffery' claiming that Patanjali Chyavanprash is the best product in the market and that no reference has been made to Dabur."All this ad says is that I am better...

70 Important Judgments Of Delhi High Court In 2024 [Part II]

LiveLaw reported 1394 judgments from Delhi High Court in 2024. Here are some of the important ones:UIDAI Can Be Directed To Provide Aadhar Data About Missing Person In Habeas Corpus Plea: Delhi High CourtTitle: VANDANA v. STATE THROUGH SHO PS AMAR COLONY & ANR.Citation: 2024 LiveLaw (Del) 863The Delhi High Court has observed that the Unique Identification Authority of India (UIDAI), in...

Sporadic Use Of Trademark In India No Ground To Assume Goodwill Or Reputation: Delhi High Court

The Delhi High Court has observed that sporadic use of a trademark in India cannot be a ground to assume that the said trademark has acquired reputation and goodwill of the mark in India.Justice Amit Bansal also noted that an internationally well-known mark itself is not a ground to assume that there has been a spillover of its reputation and goodwill in India. The Court was considering...

[CrPC] Subsequent Sanction After Cognizance Is Taken Won't Cure Initial Defect: Delhi High Court

The Delhi High Court has observed that the sanction to prosecute under Section 197 of CrPC obtained after cognizance is taken will not cure the initial defect in cognizance. “It is settled law that the Sanction had to be obtained prior to taking of cognizance. Subsequent sanction would not cure the initial defect in cognizance,” Justice Neena Bansal Krishna said in an order passed on...

Delhi HC Rejects Income Tax Director's Appeal U/S 19 Contempt Of Courts Act, Says Appeal Maintainable Only If Order Imposes Punishment

The Delhi High Court has dismissed the appeal preferred by a Director of Income Tax under Section 19 of the Contempt of Courts Act, 1971.A division bench of Justices Chandra Dhari Singh and Manoj Jain observed that in the absence of the contempt court recording a finding of guilt or imposing a punishment, the appeal preferred under Section 19 by an alleged contemnor, the Income Tax Director...