Delhi High Court
Person Exonerated In Disciplinary Proceedings Can't Be Subjected To 'Double Jeopardy' By Continuing Criminal Action For Same Offence: Delhi HC
The Delhi High Court has said that a person cannot be subjected to double jeopardy by initiating criminal proceeding after he has been exonerated in the disciplinary proceeding on same allegations.The case pertains to a pilot of Air India who was facing criminal proceeding for forgery even after the disciplinary case against him was closed by the department."Continuance of the FIR under...
High Court Directs Delhi Police’s Cyber Cell To Probe 'Large Scale Operation' Of Collecting Money Under AJIO’s Name
The Delhi High Court has directed the Delhi Police’s Cyber Cell to investigate “unscrupulous individuals” involved in “large scale operation” of collecting money under the name of fashion and lifestyle brand AJIO, by way of scratch coupons and prize money.“….the Court is convinced that this appears to be a large-scale operation carried out by unscrupulous individuals with...
Patent And Trademark Agents Do Not Come Within Ambit Of BCI Or Advocates Act, Regulatory Authority Need Of The Hour: Delhi High Court
The Delhi High Court has observed that patent and trademark agents do not come within the ambit of the Bar Council of India or the Advocates’ Act, 1961. Justice Prathiba M Singh added that there is no supervisory or regulatory authority over trademark and patent agents which appears to be the 'need of the hour'. The bench thus sought to know the manner in which the Office of Controller...
Banks Can’t Use Look Out Circulars As Measure To Recover Money From Creditors: Delhi High Court
The Delhi High Court has observed that banks cannot use Look Out Circulars (LOCs) as a measure of recovering money from creditors just because they feel remedy available under law is not sufficient. Justice Subramonium Prasad said that LOC can be issued only when there are sufficient reasons. He added that if there is a condition precedent for issuance of such LOC, the same must be...
Undisclosed Income Taxed In The Hands Of Flagship Company Can’t Be Again Subjected To Tax In The Hands Of Assessee Companies: Delhi High Court
The Delhi High Court has held that undisclosed income taxed in the hands of flagship companies cannot be again subjected to tax in the hands of assessee companies.The bench of Justice Rajiv Shakdher and Justice Girish Kathpalia has observed that since the undisclosed income, which is the subject matter of the present dispute, had already been taxed in the hands of the flagship company Surya...
Delhi High Court Upholds Validity Of Rule 8 of Chewing Tobacco And Unmanufactured Tobacco Packing Machines Rules 2010
The Delhi High Court has upheld the validity of Rule 8 of the Chewing Tobacco and Unmanufactured Tobacco Packing Machines (Capacity Determination and Collection of Duty) Rules 2010 (CTUT), which deals with the alteration in the number of operating packing machines.The bench of Justice Yashwant Varma and Justice Dharmesh Sharma has observed that Rule 8 notes that in case a machine is added to...
Delhi HC Denies Interim Relief To Ivy League Princeton University In Trademark Suit Against Hyderabad-Based 'Princeton' Schools & Colleges
The Delhi High Court has observed that merely because several Indians may have studied in the prestigious Princeton University in the United States would not amount to “use” by the American Ivy League college of its “Princeton” mark in India for providing its services in terms of the Trade Marks Act. “Reference to Indian students studying at Princeton, howsoever large the number,...
Criminal Courts May Allow Accused To Appear Virtually If Circumstances Warrant, Integrity Of Trial Should Not Be Compromised: Delhi High Court
The Delhi High Court has observed that courts should be flexible in embracing modern technology and allowing virtual appearance in criminal trials, provided they do not compromise the integrity or fairness of the trial. Justice Swarana Kanta Sharma said that where the criminal trial can proceed effectively with the accused remaining present before the court through an alternative means such...
Do Ten Pro Bono Cases: Delhi High Court To Lawyer While Quashing FIRs Lodged Against Him By Ex-Wife
The Delhi High Court recently directed a lawyer to do ten pro bono cases while quashing two FIRs registered against him by his former wife, after they amicably settled the disputes and got talaq.Justice Dinesh Kumar Sharma quashed the FIRs registered under Section 498A, 406 and 34 of Indian Penal Code and Section 4 of Dowry Prohibition Act, 1961 as well as under Section 354 IPC and 10 of...
Section 100A CPC Bars Second Appeal Where Single Judge Heard Appeal From Original Or Appellate Decree Or Order: Delhi High Court
The Delhi High Court has ruled that Section 100A of the Code of Civil Procedure bars the filing of a second appeal where a Single Judge had heard an appeal from an original or appellate decree or order.A division bench of Justice Yashwant Varma and Justice Dharmesh Sharma said that the restraint on a further appeal shall operate notwithstanding anything contained in the Letters Patent of a...
Defence Ministry Cannot Suspend An Entity Indefinitely Without Adhering To Safeguards For Banning Under Guidelines On Business Dealings: Delhi HC
The Delhi High Court has observed that indefinite suspension of an entity under the Union Ministry of Defence’s 2016 guidelines for penalties in business dealing, without resort to the safeguards prescribed for banning, would not be permissible. The guidelines were issued on November 21, 2016. They provide for suspension and debarment of suppliers for violation of defense procurement...
Delhi High Court Issues Criminal Contempt Notice To Litigant Seeking Death Penalty For Single Judge, Making 'Whimsical Allegations'
The Delhi High Court has issued show cause notice for criminal contempt to a litigant who sought death penalty for a single judge for dismissing his pleas and made 'whimsical and objectionable allegations' not only against the judge but also the government officials as well as the Supreme Court of India.“These averments, extracted hereinabove, are prima facie aimed at scandalising and...