Delhi High Court
Delhi High Court Sets Aside Single Judge Order Upholding Revocation Of PepsiCo's Registration For Potato Variety Used In Lay's Chips
The Delhi High Court yesterday set aside a single judge's order which upheld an order passed by the Protection of Plant Varieties and Farmers Rights Authority revoking Pepsico India's registration with respect to a potato variety used for making Lay's chips.A division bench of Justice Yashwant Varma and Justice Dharmesh Sharma set aside the order passed by the single judge on July 05 last year...
Arbitral Tribunal Can Award Damages For Delay Attributable To Employer Even When The Agreement Provides For The Extension Of Time As The Only Remedy To The Contractor: Delhi High Court
The High Court of Delhi has held that the Arbitral tribunal can award monetary compensation as damages for the delay attributable to employer even when the agreement provides for the extension of time as the only remedy to the contractor. The bench of Justice Chandra Dhari Singh held that the tribunal cannot deny damages on the ground that the agreement provides only for extension...
A Clause That Restricts The Right Of The Contractor To Seek Damages For Delay Attributable To The Employer Is Against Public Policy: Delhi High Court
The High Court of Delhi has held that a clause that restricts the right of the contractor to seek damages for delay attributable to the employer is against public policy in terms of Section 23 of the Indian Contract Act. The bench of Justice Chandra Dhari Singh held a clause that restricts the right of the aggrieved party to claim damages is prohibitionary in nature and...
Court Under Section 34 Of The A&C Act Can Partially Set Aside The Award: Delhi High Court Reiterates
The High Court of Delhi has held that a Court exercising powers under Section 34 of the A&C Act can sever an offending portion of the arbitral award. It held that such exercise of power amounts to partial setting aside of the award and not a modification. The bench of Justice Chandra Dhari Singh explained that modification would be when the court modifies/changes the damages...
DV Act | Unproven Allegations Of Illicit Relationship No Ground To Deny Interim Maintenance To Wife: Delhi High Court
The Delhi High Court has recently observed that the wife cannot be denied the benefit of interim maintenance under the Domestic Violence Act, 2005, merely on the basis of allegations of illicit relationship which are yet to be proved during the course of trial.Justice Anoop Kumar Mendiratta dismissed a husband's plea against a trial court order directing him to pay Rs. 6000 per month to the...
Wife's Conduct Of Attempting Suicide, Trying To Put Blame On Husband And His Family Amounts To Cruelty: Delhi High Court Upholds Divorce
The Delhi High Court has observed that a wife's conduct of attempting suicide and then trying to put the blame on the husband and his family members is an act of “extreme cruelty.”A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna upheld the decree of divorce granted by a family court, in a divorce petition moved by the husband, on the ground of cruelty by the...
Delhi High Court Orders Mandatory E-Filing For Civil & Criminal Cases In District Courts, Digitisation Of Records Of Decided Cases
The Delhi High Court has recently ordered that e-filing of pleadings, documents and interim applications be made mandatory in the civil jurisdictions and criminal complaint cases before all the District Courts in the national capital.Directing that the “Centralised Filing System” for filings related to ongoing and pending cases be implemented in all the District Courts, a division bench...
Coconut Oil Sold By Amway As Hair Oil, Not Classifiable As Edible Oil Under DVAT Act: Delhi High Court
The Delhi High Court has held that coconut oil sold by Amway as a hair oil cannot be classified as edible oil under the DVAT Act.The bench of Justice Vibhu Bakhru and Justice Amit Mahajan, while ruling in favour of the department, observed that the coconut oil is sold by the appellant in small packs, is displayed in the category of hair care, the manner in which it is to be applied to hair,...
Income Tax: Denial of 80lA Benefit In 4th Year Of Assessment, U-Turn By Department Is Not Justified: Delhi High Court
The Delhi High Court has held that the Principal Commissioner Income Tax (PCIT) wrongly invoked jurisdiction under Section 263 of the Income Tax Act and fell in error by taking a U-turn in the fourth assessment year, thereby denying the benefit of Section 80IA of the Income Tax Act.The bench of Justice Rajiv Shakdher and Justice Girish Kathpalia has observed that no material was brought on...
Delhi High Court Keeps In Abeyance Directions To CBI, DRI To Look Into Allegations Of Over-Invoicing By Adani Power
The Delhi High Court has put in abeyance its earlier directions to the Union Government, Central Bureau of Investigation (CBI) and Directorate of Revenue Intelligence (DRI) to “meticulously and expeditiously” look into the allegations of over invoicing of coal imports and equipments by power companies belonging to the Adani Group. A division bench of Justice Suresh Kumar Kait and...
Delhi High Court Restrains Local Dhabas From Using Registered Trademarks Of Popular Murthal Eatery 'Mannat Dhaba'
The Delhi High Court has restrained various local dhabas from using the registered trademarks of popular Murthal based eatery “Mannat Dhaba.”Justice Anish Dayal passed the ex-parte ad-interim injunction order against the three defendants running their restaurants under the names Mannat Dhaba, Shri Mannat Dhaba and Apna Mannat Dhaba. The development ensued in a suit filed by Mannat Group...
Oral Communication Of Grounds Of Arrest Proper Compliance Of S.19(1) PMLA For Arrests Made Prior To 'Pankaj Bansal': Delhi High Court
The Delhi High Court on Monday observed that oral communication of “grounds of arrest” to an accused is proper compliance of Section 19(1) of Prevention of Money Laundering Act, 2002, for arrests made prior to the Supreme Court ruling in Pankaj Bansal v. Union of India, delivered on October 3, 2023. Justice Vikas Mahajan made the observation while upholding the arrest of Neeraj Singal,...