'Special Circumstances': Delhi High Court Directs Centre To Grant Citizenship U/S 5(4) To 17-Yr-Old Born In India To OCI Card Holders

The Delhi High Court recently ordered the Central government to confer citizenship upon a 17-year-old girl who was born and raised in India to parents holding Overseas Citizens of India (OCI) status but were citizens of the United States at the time of her birth.Justice Prathiba M Singh presiding over the case, observed, “The Petitioner's position is unique. The case of the Petitioner is...

Liquor Policy: Delhi High Court Issues Notice On BRS Leader K Kavitha's Plea Seeking Release In CBI Case

The Delhi High Court on Thursday issued notice on a plea filed by BRS leader K Kavitha seeking her release and challenging the entire proceedings leading to her arrest in the corruption case registered by the Central Bureau of Investigation (CBI) related to the alleged liquor policy scam.Justice Swarana Kanta Sharma also issued notice on Kavitha's plea seeking bail in the CBI case. Kavitha...

Delhi High Court Initiates Suo Moto Criminal Contempt Case Against Lawyer Who Made Personal Remarks On Judges

The Delhi High Court yesterday initiated suo moto criminal contempt case against a lawyer who made personal remarks on judges and posted contemptuous comments in the chat box while appearing through virtual mode during proceedings.“Petitioner appears to have taken a wrong end of law, aggrieved against adverse orders passed by the Judicial Officers of the District Courts as well as this...

Unexplained Expenditure Addition Merely Based On CBIC Instruction Not Sustainable: Delhi High Court

The Delhi High Court has deleted the addition for unexplained expenditure, which was based on the instruction issued by the Central Board of Indirect Taxes and Customs (CBIC).“Merely proceeding on the basis that CBIC is an apex body and therefore, information provided by it cannot be doubted, without even identifying or meaningfully analyzing such information, is wholly insufficient to...

[Arbitration Act] Enforcement Of Foreign Awards Should Not Be Declined On Composition Of Tribunal If Not Raised Before Tribunal Or Seat Court: Delhi High Court

The Delhi High Court bench of Justice Prateek Jalan held that enforcement of foreign awards should not be declined on grounds relating to the composition of the tribunal, which could have been raised before the Tribunal and before the seat Court, but were not so raised. It held that the judgment debtor did not object, even at the stage of appointment, on this ground. The bench...

ECI Informs Delhi High Court About Norms On Recording And Preservation Of CCTV Footage, Videography During Polls

The Election Commission of India (ECI) has told the Delhi High Court that the constitutional body has ensured free and transparent elections by adopting numerous safeguards and security measures for the usage of Electronic Voting Machines (EVMs) in the electoral process. The ECI has made the submission while opposing a plea moved by lawyer Mehmood Pracha, who contested the ongoing Lok...

Seat Of Arbitration To Be Determined On Basis Of Connection With Arbitration Proceedings, Not With Cause Of Action: Delhi High Court

The Delhi High Court single bench of Justice Prateek Jalan held that the seat of the arbitration proceedings is to be determined on the basis of connection with the arbitral proceedings, and not with the cause of action for the underlying disputes. Brief Facts: The matter pertained to a dispute between the Respondent, registered as a medium enterprise under the MSME Act and...

Delhi High Court Rules In Favour Of Karim's In Trademark Lawsuit Against Karin's

The Delhi High Court has recently ruled in favour of Karim Hotels in its trademark infringement suit against a restaurant operated under the name Karin's. Justice Sanjeev Narula decreed the suit in favour of Karim Hotels Private Limited and Karim's Mughlai Foods, which was accorded a license by the former authorising it to use “KARIM'S” trademark for commercial exploitation in relation...

Court Can Not Mechanically Send Dispute To Arbitral Tribunal, Must Consider Fundamental Issues u/s 11(6A): Delhi High Court

The Delhi High Court single bench of Justice Dinesh Kumar Sharma held that the Court is not required to behave in a mechanical manner to send a party's dispute to the arbitral tribunal and must consider the fundamental issues, within the parameters outlined in Section 11(6-A) of the Arbitration and Conciliation Act, 1996. The bench held that: “Since it is a well-settled law that...

Delhi High Court Grants Interim Injunction under S.9 of A&C act Restricting Savera Eats' Usage of 'Burger Singh'

The Delhi High Court single bench of Justice Sanjeev Narula granted an ex-parte interim injunction in favor of Tipping Mr Pink Private Limited to prevent Savera Eats from using the “Burger Singh” registered trademark. The bench held that despite the termination of the franchise agreement, Savera Eats continued to operate the franchise outlet under the Petitioner's...

Monetary Limit Of Rs. 1 Crore For Appeals To High Court; Delhi High Court Dismisses Dept's Appeal

The Delhi High Court has dismissed the challenging redemption fine of Rs. 40 lakhs, citing instructions issued by the Central Board of Indirect Taxes and Customs (CBIC), which set the monetary limit of Rs. 1 crore for appeals to the high court.The Bench of Justice Sanjeev Sachdeva and Justice Ravinder Dudeja has observed that the issue involved is with regard to the redemption fine of Rs....

Unexplained Expenditure Addition Merely Based On CBIC Instruction Not Sustainable: Delhi High Court

The Delhi High Court has deleted the addition for unexplained expenditure, which was based on the instruction issued by the Central Board of Indirect Taxes and Customs (CBIC).“Merely proceeding on the basis that CBIC is an apex body and therefore, information provided by it cannot be doubted, without even identifying or meaningfully analyzing such information, is wholly insufficient to...