Delhi High Court
Non-Adherence To Mandatory Requirement Of Passing Draft Assessment Order Invalidates Final Assessment Order: Delhi High Court
The Delhi High Court has held that non-adherence to the mandatory requirement of passing a draft assessment order invalidates the final assessment order.The Bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula have observed that the omission to pass a draft assessment order is not merely a procedural oversight but a substantive lapse, which renders the subsequent order...
Subscription Fee Received By Deloitte Exempted From Tax On Principle Of Mutuality: Delhi High Court
The Delhi High Court has held that subscription fees received by Deloitte are exempted from tax on the principle of mutuality.The bench of Justice Rajiv Shakdher and Justice Girish Kathpalia has observed that the expression “mutuality” flows from the expression “mutual”, which indicates reciprocity of arrangement in which the concerned parties have reciprocal rights or understanding...
Selling Counterfeit Goods Is As Much A Tort Of Infringement Or Passing Off As Manufacturing The Goods: Delhi High Court
The Delhi High Court recently decreed a suit in favour of New Balance Athletics Inc., holding that dealing in counterfeit goods was sufficient to constitute infringement/passing off.The suit had been filed by the plaintiff as proprietor of registered marks ‘NEW BALANCE’ and ‘NB’, under which it was selling footwear and readymade clothing in over 120 countries, including India.It...
Delhi High Court Denies ED’s Plea For Police Remand Of Singapore-Based Businessman Accused In Embraer Aircraft Deal
Justice Amit Sharma of the Delhi High Court on Tuesday upheld order of the Special Court refusing police remand of Dev Inder Bhalla, an accused in the money laundering case registered in connection with Indian government’s aircraft deal with M/s Embraer, Brazil.Bhalla is the Director of Singapore-based M/s Interdev Aviation Services Pvt. Ltd. Allegations against him are that he helped...
ED’s Power To Issue Summons Under Section 50 PMLA Does Not Include Power To Arrest: Delhi High Court
The Delhi High Court on Thursday ruled that the power of the Enforcement Directorate to issue summons to a person under Section 50 of PMLA does not include the power to arrest. Justice Anup Jairam Bhambhani said that the power to arrest is “conspicuously absent” in section 50 of the PMLA which empowers ED officers to arrest any person, subject to satisfying the conditions mentioned...
Intelligence Bureau Exempt From Rigours Of RTI Act: Delhi High Court
The Delhi High Court has ruled that the Intelligence Bureau (IB) stands exempted from rigours of RTI Act by virtue of Section 24 (Act not to apply to certain organizations) thereof.The issue had arisen when the Appellant appeared for Assistant Central Intelligence Officer Grade-II Examination conducted by IB in 2017, but his name did not appear in the list of successful candidates....
Delhi High Court Orders Blocking Of Websites Illegally Streaming Popular Reality Show ‘Bigg Boss’
The Delhi High Court has granted an ex-parte injunction against illegal streaming of reality show ‘Bigg Boss’. The order came to be passed in an application filed under Order 39 Rules 1&2 CPC by leading broadcaster-Viacom18.Notably, ‘Big Boss’ is being produced and broadcasted in India since 2008. It is based on a Dutch show ‘Big Brother’, rights of which are owned by M/s...
'Crucial For Rehabilitation': Delhi High Court Issues Directions To Increase Awareness About Welfare Schemes For Prisoners, Their Families
The Delhi High Court has issued a slew of directions to increase awareness and publicity of the existing schemes for welfare of prisoners and their families. A division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula observed that ensuring that convicts, undertrials and their dependents are aware of and can access benefits designed for their welfare will be crucial...
Delhi High Court Directs District Judges To Ensure Records Of Disposed Cases Are Immediately Transmitted To Record Room
The Delhi High Court has directed all the District Judges in the national capital to ensure that after disposal of a case, its records are immediately transmitted to the record room. A division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula was dealing with a public interest litigation concerning the lack of standardised procedure for the acknowledgment of...
Delhi High Court Directs Its Administration To Ensure All Commercial Courts Are Made Fully Functional As And When Infra, Judges Are Available
The Delhi High Court has directed its administration to ensure that all the Commercial Courts in the national capital are made fully functional as and when the infrastructure and judges are available for such courts. A division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula disposed of a PIL moved by Advocate Amit Sahni seeking setting up of the Commercial Courts in...
Hindu Marriage Act Bars Second Marriage When Spouse Living, Consent Of Parties Can’t Confer Validity: Delhi High Court
The Delhi High Court has ruled that once there is a legal bar on the performance of second marriage when either spouse of the parties are living, the consent of such parties cannot confer validity to the second marriage. Noting that both the parties should not have a living spouse according to Section 5(i) of the Hindu Marriage Act, 1955, a division bench of Justice Suresh Kumar Kait and...
'Originality' Is Test To Claim Injunction For Copyright Infringement, Not Novelty: Delhi High Court Denies Relief To Fantasy Gaming App
The Delhi High Court has allowed an application filed under Order 39 Rule 4 CPC by the owner of fantasy sports app MYFAB11 (defendants) for vacation of the ex-parte ad-interim injunction granted earlier in favour of the Plaintiffs.After a meticulous analysis of judicial precedents, Justice Jyoti Singh emphasized that copyright protects the expression of ideas, not the ideas...