Delhi High Court
Dispute Over Property Used Exclusively For Trade Constitutes Commercial Dispute Even If Situated In Residential Area: Delhi High Court
The Delhi High Court held that a dispute arising from a lease agreement under which premises were used actually used for running a retail showroom qualifies as a commercial dispute under section 2(1)(c)(vii) of the Commercial Courts Act, 2015 even if the property is situated in a residential zone under the Municipal Law. A Division Bench of Justice Anil Kshetrapal and Justice...
'Known Face In Content Creation Field': Delhi High Court Passes John Doe Order Protecting Personality Rights Of Raj Shamani
The Delhi High Court has passed a john doe order protecting the personality rights of podcaster Raj Shamani, observing that he is a known face in India, especially in the field of content creation. Justice Manmeet Pritam Singh Arora observed that Shamani has gained goodwill and reputation over a course of a successful career and that prima facie, he enjoys publicity rights with respect to...
Courts Can't Create Exceptions For 'Near Majority Consensual Relationships' When Consent Irrelevant Under POCSO Act: Delhi High Court
The Delhi High Court has observed that Courts cannot create exceptions for “near majority consensual relationships” when consent of a person below the age of 18 years is irrelevant for the purpose of POCSO Act.“Under the POCSO Act, read with the then prevailing provisions of the IPC, any sexual act with a person under 18 is criminalised per se, without importing “consent” as...
No Bar On Electricity Supply To Properties Booked For Unauthorised Construction Until Sealing: Delhi High Court
The Delhi High Court has directed BSES Yamuna Power Limited, responsible for power distribution in the national capital, to supply electricity to properties booked for unauthorised construction, until MCD takes actual action against such properties.Justice Mini Pushkarna observed that often requisite action is not taken by MCD despite demolition orders having been passed and meanwhile, denial...
Mere Lack Of Care Not Enough To Attract Criminal Liability U/S 304A IPC; Mens Rea Required: Delhi High Court
The Delhi High Court has held that mere lack of care is not sufficient to attract the offence of causing death by negligence under Section 304A of IPC and mens rea is an important element to invite culpability.Justice Amit Mahajan thus granted relief to the owner of a de-addiction centre, booked for the death of an inmate at the hands of his employee.Petitioner-owner was summoned six years...
'Can't Discriminate': Delhi High Court Orders Sports Ministry To Enable Deaf Sportspersons To Apply For Khel Ratna
The Delhi High Court has made it clear that there can be no discrimination between persons with locomotor disability and those with hearing impairment.Justice Sachin Datta observed,“The Rights of Persons with Disabilities Act, 2016 read with Schedule thereto, leaves no scope of discrimination between persons having hearing impairment vis-a-vis those having physical/locomoter...
Delhi High Court Grants SanDisk Permanent Injunction Against Indian Company's Copycat Trade Dress
The Delhi High Court has granted a permanent injunction in favour of SanDisk LLC, the global flash-storage manufacturer, after Welborn Industries Pvt. Ltd., an Indian electronics company that sells memory-storage products, agreed to permanently discontinue packaging that SanDisk said copied the distinctive red-and-black trade dress of its USB drives and SD cards. Justice Manmeet Pritam...
Economic Offender's Plea To Travel Abroad For Medical Reasons Untenable When Treatment Available In India: Delhi High Court
The Delhi High Court has held that an economic offender's plea to travel abroad citing medical grounds is not tenable when appropriate treatment is readily available in India.Justice Ravinder Dudeja observed,“This Court is conscious of the principles of personal liberty under Article 21, however, these rights must be balanced against the compelling public interest in ensuring that...
Order Refusing To Terminate Arbitration Is Not An Interim Award: Bombay High Court Dismisses Challenge U/S 34 A&C Act
The Bombay High Court dismissed a petition under section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) challenging an order passed by the Arbitral Tribunal by which it had refused to terminate the ongoing proceedings holding that the order was merely a prima facie view, interlocutory one and not an arbitral award capable of being challenged. Justice...
Delhi High Court Quashes VAT Assessment Orders Passed By Audit Officer Citing Lack Of Jurisdiction
The Delhi High Court has quashed a batch of VAT assessment orders issued by VAT Audit Officer, stating that the authority did not have necessary delegation to carry out assessments.Form DVAT-50 enables the VAT Commissioner to authorize officials for carrying out audit, investigation and enforcement functions under Delhi Value Added Tax Act and Rules.However, a division bench of Justices...
“Gross Concealment”: Delhi High Court Imposes ₹5 Lakh Costs On Party In Poppy Seeds Smuggling Case
The Delhi High Court recently imposed exemplary costs of ₹5 lakh on the power of attorney holder of a company, purportedly involved in smuggling of prohibited items like poppy seeds.A division bench of Justices Prathiba M. Singh and Shail Jain noted that the Petitioner had failed to disclose that his challenge to the penalty order passed by the Customs authority was previously dismissed by...
Delhi High Court Grants Interim Relief To Aadhar India Over Non-Issuance Of Pre-Show Cause Notice Intimation In GST Case
The Delhi High Court, while examining whether pre-consultation prior to a GST Show Cause Notice was mandatory or discretionary, granted interim relief to Aadhar India by permitting the proceedings arising from the Show Cause Notice dated 29 November 2024 to continue, but directing that any final order passed pursuant thereto should not be given effect without further orders of...