Delhi High Court
Participation In Arbitration And Filing Section 29(A) Application Not To Preclude Challenge To Arbitrator's Eligibility: Delhi High Court
The High Court of Delhi has held that mere participation of a party in the arbitration proceeding cannot be deemed to be a waiver under Section 12(5) of the A&C Act.The bench of Justice Manoj Kumar Ohri held that filing an application under Section 29(A) does not amount to an express waiver in writing of the right to challenge the arbitrator's ineligibility under Section 12(5). The...
Advance Service On Defendant Must Under IPD Rules, Unless Plaintiff Demonstrates Likelihood Of Irreparable Injury: Delhi High Court
In response to a plea raised by plaintiffs/House of Diagnostics for exemption from advance service of the suit papers on the defendant, the Delhi High Court recently ruled that advance service of suit papers on a defendant, as mandated by Rule 22 of the IPD Rules, is must, unless plaintiff demonstrates that compliance with the requirement would cause irreparable prejudice or...
High Court Accepts Litigant's Apology For Calling Delhi Judiciary Corrupt 'Out Of Sheer Frustration', Discharges Him Of Criminal Contempt
The Delhi High Court has discharged a litigant of criminal contempt proceedings initiated against him for calling the Delhi judiciary corrupt, levelling allegations against a judicial officer and using abusive language against him. A division bench of Justice Suresh Kumar Kait and Justice Shailender Kaur accepted the unconditional apology tendered by the contemner, Brijesh Shukla, who...
Explore Possibility Of Developing Parking Spaces In Mehrauli's Vicinity To Tackle Traffic: Delhi High Court To MCD
The Delhi High Court has asked the Municipal Corporation of Delhi (MCD) to explore the possibility of developing parking spaces in the vicinity of Mehrauli area to tackle the problem of traffic jam there.A bench comprising of Acting Chief Justice Manmohan and Justice Mini Pushkarna directed the city authorities to decide the representations of a Mehrauli resident regarding traffic jam and lack...
Delhi High Court Quashes Order In Revision In Respect Of Rs.1,000 Cr. LTCG Exemption Passed Against Buyer Of Non-Existing Seller
The Delhi High Court has held that a revisionary order under Section 263 of the Income Tax Act could not be passed against a non-existing seller entity by invoking Section 163 against the buyer.The bench of Justice Rajiv Shakdher and Justice Girish Kathpalia has observed that the expression “agent” suggests that there is a principal in existence on whose behalf the agent acts. However,...
Delhi High Court Issues Directions For Missing Children Cases, Calls For User Friendly Ready To Use Handbook In Police Stations
The Delhi High Court has called for a user-friendly ready-to-use handbook in every Police Station across the national capital for accessibility to aid investigations concerning cases of missing children. Issuing various directions concerning cases related to missing children, Justice Swarana Kanta Sharma said that a standardized checklist must be formulated and maintained at all police...
Popular Front Of India Moves Delhi High Court Against Central Govt's Ban Under UAPA
The Popular Front of India (PFI) on Friday approached the Delhi High Court against Union Home Ministry's notification designating it and its affiliated organisations as 'unlawful associations' under the Unlawful Activities (Prevention) Act, 1967.The matter was heard today by a division bench of Acting Chief Justice Mannohan and Justice Mini Pushkarna who listed it for hearing on January...
Reassessment Proceedings, Senior Officers Like ACIT, PCIT Expected To Apply Mind; Delhi High Court
The Delhi High Court has held that senior officers like ACIT and PCIT are expected to apply their minds to such requests and, only after that, approve the initiation of reassessment proceedings.The bench of Justice Rajiv Shakdher and Justice Anish Dayal has observed that the reopening of the concluded scrutiny assessment is a serious business. The Act provides for a layered approach precisely...
Delhi High Court Declares 'Burger King' As A Well-Known Trademark
The Delhi High Court has declared “Burger King” as a well known trademark, considering the long period during which the mark and its variations have been used for fast foods, especially burgers. “…for the declaration of the mark 'BURGER KING' as a well- known mark, considering the long period, during which the 'BURGER KING' mark and its variations have been used for fast foods...
Investigations Often Half-Hearted, Provisions Of NDPS Act Must Be Implemented Effectively: Delhi High Court
The Delhi High Court has said that the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985, must be implemented effectively, observing that investigations in narcotics cases are often half-hearted for various reasons. Justice Vikas Mahajan said that in order evade enforcement authorities, the drug traffickers take recourse to the most ingenious and devious ways of trading...
Presence Of Delhi Medical Council Not Felt At Ground Level, Needs To Be More Effective And Pro-Active: Delhi High Court
The Delhi High Court on Friday said that the presence and control of the Delhi Medical Council (DMC) is not felt at the ground level and the statutory body needs to be more effective and pro-active. “DMC has to be a little more effective. It is not having the desired impact,” a division bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna said. The court issued notice on a...