Decide Hindu Sena President’s Representation On ‘Wrong Historical Facts’ About Taj Mahal: Delhi High Court To ASI

The Delhi High Court on Friday asked the Archaeological Survey of India (ASI) to decide a representation submitted by the President of NGO Hindu Sena alleging that there are “wrong historical facts” in public domain regarding construction of Taj Mahal by Shahajahan.A division bench of Chief Justice Satish Chandra Sharma and Justice Tushar Rao Gedela disposed of a PIL filed by President...

Designation Of Venue Of Arbitration Tantamount To Seat Of Arbitration In Absence Of A Significant Contrary Indicia: Delhi High Court Reiterates

The High Court of Delhi has held that the venue of arbitration would actually be the seat of arbitration when the agreement does not contain any contrary indicia. It held that clause proving for venue of arbitration would have a superseding effect over a clause providing for exclusive jurisdiction on any other Court if the parties have expressly made the latter subject to the...

Can’t Let Economic Circumstances Of Parents Become ‘Death Warrants’ For Their Daughters In Matrimonial Homes: Delhi High Court On Dowry Death

The judicial system cannot stand by and allow the economic circumstances of a girl's parents to become death warrants and sentences for their daughters in their matrimonial homes, the Delhi High Court has observed while dealing with a dowry death case. Justice Swarana Kanta Sharma observed that to subject a woman to a life akin to a slave merely because of her marital status is an...

Delhi High Court Monthly Digest: October 2023 [Citations 917 - 1039]

Citations 2023 LiveLaw (Del) 917 to 2023 LiveLaw (Del) 1039NOMINAL INDEXPCIT Versus Pepsico India Holding Pvt. Ltd. 2023 LiveLaw (Del) 917 ADITYA N PRASAD v. GOVERNMENT OF NCT OF DELHI & ORS. 2023 LiveLaw (Del) 918 DOMINOS IP HOLDER LLC & ANR. v. MS DOMINICK PIZZA & ANR. 2023 LiveLaw (Del) 919 SUBHASHINI RATAN & ORS. vs LEGISLATIVE ASSEMBLY SECRETARIAT NCT OF DELHI & ORS....

Appointment Of Local Commissioner Cannot Be Sought By One Party To Marshal Better Evidence Against Another: Delhi High Court

In an application seeking appointment of a Local Commissioner (LC), the Delhi High Court on Wednesday held that such appointments cannot be sought by parties to equip themselves with ‘best evidence’ in their case against others.Speaking of Order 26 Rule 10A CPC which empowers a court to issue commissions, Justice C. Hari Shankar said that the provision was invocable only where the...

Competent Court Can Examine Valuation Of IPR Suit Below ₹3 Lakhs, Transfer To Commercial Courts Not Necessary: Delhi High Court

The Delhi High Court on Thursday ruled that it would be open for the competent court to examine the “declared specified value” and the value ascribed to the reliefs claimed in an IPR suit if it is pegged below Rs. 3 lakhs, adding that its undervaluation would have to be evaluated based on the facts of each case. A division bench of Justice Yashwant Varma and Justice Dharmesh Sharma said...

Failed Relationship No Ground For Lodging Rape FIR: Delhi High Court

The Delhi High Court has observed that if a romantic relationship does not work out, it cannot be a ground of lodging a rape case. “It is a settled law that if a relationship does not work out, the same cannot be a ground for lodging an FIR for the offence punishable under section 376 IPC,” Justice Sudhir Kumar Jain observed. The court made the observation while granting anticipatory bail...

PIL In Delhi High Court Seeks Removal Of ‘Wrong Historical Facts’ On Taj Mahal’s Construction From History Books

A public interest litigation has been moved in the Delhi High Court seeking removal of allegedly “wrong historical facts” related to the construction of Taj Mahal by Shahajahan from the history books in schools and colleges. A division bench of Chief Justice Satish Chandra Sharma and Justice Tushar Rao Gedela is likely to hear the matter tomorrow. The plea has been moved by one Surjit...

Delhi High Court Issues Notice On PIL Seeking Inclusion Of Ayurveda, Yoga In Ayushman Bharat PMJAY Scheme

The Delhi High Court on Thursday issued notice on a public interest litigation seeking inclusion of Ayurveda, Yoga and Naturopathy in Union Government’s public health insurance scheme Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (PM-JAY).A division bench of Chief Justice Satish Chandra Sharma and Justice Tushar Rao Gedela sought response of the Union Ministries of AYUSH, Finance,...

'Indian Stag' Liquor Deceptively Similar To ‘Royal Stag’ But No Case Of Passing Off Since Former Only Exported: Delhi High Court

The Delhi High Court has confirmed an interim order passed in 2019 restraining two manufacturers/sellers from dealing in liquor and alcoholic beverages under the mark “Indian Stag” in a trademark infringement suit filed by Indian whiskey brand “Royal Stag”.Justice C. Hari Shankar said that the interim order passed by a co-ordinate bench on July 25, 2019 shall remain confirmed pending...

Delhi High Court Allows Income Tax Deduction On Upfront Loan Processing Fee To Indus Towers

The Delhi High Court has allowed income tax deduction on the upfront loan processing fee to the assessee, Indus Towers.The bench of Justice Rajiv Shakdher and Justice Girish Kathpalia has observed that merely because the loan processing charges were paid upfront but amortized over a period of five years, solely to be in consonance with the mercantile system of accounting, the deduction of...

Transfer Pricing | Delhi High Court Excludes Comparables On The Basis Of Functional Dissimilarity

The Delhi High Court has excluded the comparables on the basis of functional dissimilarity in the transfer pricing case.The bench of Justice Rajiv Shakdher and Justice Girish Kathpalia excluded three comparables, namely Infobeans Technologies Ltd., Cybercom Datamatics Information Solutions Ltd., and Infosys BPO Ltd., citing clear reasons for their exclusion.The appellant/department assailed...