Delhi High Court
“Counter-Balancing” Not Achieved When 2/3rd Members Of The Arbitral Tribunal To Be Appointed By One Party: Delhi High Court
The Delhi High Court has ruled that where a party is required to appoint an arbitrator from a panel made by the other contracting parties, it is mandatory for the panel to be sufficiently broad based, in conformity with the principle laid down by the top court in Voestalpine Schienen Gmbh vs. Delhi Metro Rail Corporation Ltd, (2017) 4 SCC 665. The bench of Justice Sachin Datta made...
Delhi High Court Permanently Injuncts ‘Satta Dream 11’ In Trademark Infringement Suit By ‘Dream 11’
Ruling in favour of fantasy sports platform Dream 11, the Delhi High Court has granted permanent injunction against a website offering similar sports betting services under the mark “Satta Dream 11.”Justice Prathiba M Singh observed that the domain name www.sattadream11.com is nothing but a “malafide attempt” to ride on the goodwill of Sporta Technologies’ registered trademark...
Delhi High Court Sentences Business Tycoon’s Son To 3 Months Prison For Failure To Pay Maintenance To Ex-Partner
The Delhi High Court has sentenced a business tycoon’s son to three months in prison for failing to pay maintenance to a woman — who previously alleged that he performed a sham marriage ceremony with her, despite a judicial order recording his undertaking to pay the same. A division bench of Justice Suresh Kumar and Justice Neena Bansal Krishna also imposed a fine of Rs. 2000 on the man...
Mere ‘Idea In Vacuo’ Not Protected Under Designs Act, Test To Decide If A Shape Or Pattern Constitutes Design Is Visual: Delhi High Court
The Delhi High Court recently ruled that the Designs Act protects an idea which is to be applied to an article and not a mere “idea in vacuo” and that the test to decide if a shape or pattern applied to an article constitutes a design is ocular or visual.Justice C Hari Shankar observed that an idea, which is not intended for “temporal manifestation”, by application of an...
Provide Details Of Grievance Officers And Rules Applicable To People Creating User Profiles: Delhi High Court To LinkedIn In Suit By Tata Sky
The Delhi High Court has directed social media platform LinkedIn to provide details of its Grievance Officers and the relevant Rules applicable to persons creating user profiles as per its policy. Justice Prathiba M Singh also directed Linkedin to place on record the Standard Operating Procedure (SoP), if any, followed by its Grievance Officers whenever a complaint or grievance is received...
Provisions Of Income Tax Act Prevails Over MSMED Act Relating To Fee Payable To CA Firms For Special Audits: Delhi High Court
The Delhi High Court has held that the provisions of the Income Tax Act, 1961, prevail over the Micro, Small, and Medium Enterprises Development Act, 2006 (MSMED Act) relating to fees payable to CA firms for Special Audits directed under Section 142(2A) of the Income Tax Act.The bench of Justice Prathiba M. Singh has observed that insofar as Audits under Section 142(2A) are concerned, the...
Delhi High Court Denies Bail To 'Conman' Sukesh Chandrasekhar's Wife Leena Paulose In Extortion Case
The Delhi High Court on Tuesday denied bail to Leena Paulose, the wife of alleged conman Sukesh Chandrashekhar, in the Rs 200-crore extortion case.Justice Dinesh Kumar Sharma also rejected the bail pleas moved by co accused persons Kamlesh Kothari and B. Mohan Raj.Paulose, who is presently in judicial custody, married Chandrashekhar in July 2014. She has been in jail since September 05,...
Alcohol Dependence: Delhi High Court Modifies ITBP Head Constable's 'Invalidation From Service' To Compulsory Retirement
The Delhi High Court has modified the Indo Tibetan Border Police's decision to invalidate a Head Constable out of the service due to Alcohol Dependence Syndrome and said his case be treated as ‘compulsorily retired from service’ so that he is entitled to pension, medical and other consequential benefits.In 2016, the Head Constable was permanently incapacitated for any further service...
Delhi High Court Stays Trial Court Direction For Inquiry Against Enforcement Directorate’s Assistant Director, Other Officials
The Delhi High Court has stayed a trial court order to the extent it directed an inquiry to be initiated against an investigating officer — an Assistant Director-rank officer of the Enforcement Directorate, and his superior officers over “unjustified incarceration” of an accused in jail for 17 days.Justice Dinesh Kumar Sharma issued notice on ED’s plea and ordered:“List the matter...
Wife’s Identity Does Not Merge With Husband’s Identity, She Has Natural Right To Pursue Her Dreams To Be Financially Independent: Delhi High Court
A wife is neither an appendage nor an adjunct to her husband and her identity does not merge or get subsumed in her husband’s identity, the Delhi High Court observed in a recent ruling, while directing a tenant to vacate a shop proposed to be used by daughters of a landlord, a Mutawalli of a Wakf-ul-aulad, for starting their business in the national capital.Justice Najmi Waziri observed that...
Approach NCLT To Challenge DDCA’s Meeting For Ratification Of Ombudsman’s Appointment: Delhi High Court To DDCA Secretary
While refusing to entertain his writ petition, the Delhi High Court on Monday said the Secretary of Delhi & District Cricket Association (DDCA) can approach the National Company Law Tribunal to challenge a notice issued by the cricket governing body’s Apex Council for convening the Extra-Ordinary General Meeting to ratify the resolution appointing Justice (Retd.) M M Kumar as the...
Subsidy Received By Nestle India As Incentive To Establish Industrial Unit Is Capital Receipt: Delhi High Court
The Delhi High Court observed that the Subsidy received by Nestle India, the assessee as incentive to establish industrial unit is Capital receipt and cannot be adjusted against block of assets. “Since the subsidy in this case was not intended as a payment to meet, directly or indirectly, a part of the cost of the assets, no adjustment could have been ordered, as was directed...