Delhi High Court Weekly Round-Up: May 27 To June 02, 2024

Update: 2024-06-04 12:57 GMT
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Citations 2024 LiveLaw (Del) 638 to 2024 LiveLaw (Del) 672NOMINAL INDEXMUNNA SINGH & ANR. v. STATE OF NCT OF DELHI & ORS. 2024 LiveLaw (Del) 638 SHREE HANUMANT DHARMIK RAMLEELA COMMITTEE REGD & ANR. v. DELHI DEVELOPMENT AUTHORITY & ORS. 2024 LiveLaw (Del) 639 SHRIKANT PRASAD v. GOVT OF N.C.T OF DELHI AND ORS 2024 LiveLaw (Del) 640 SpiceJet v. TWC Aviation 2024 LiveLaw...

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Citations 2024 LiveLaw (Del) 638 to 2024 LiveLaw (Del) 672

NOMINAL INDEX

MUNNA SINGH & ANR. v. STATE OF NCT OF DELHI & ORS. 2024 LiveLaw (Del) 638

SHREE HANUMANT DHARMIK RAMLEELA COMMITTEE REGD & ANR. v. DELHI DEVELOPMENT AUTHORITY & ORS. 2024 LiveLaw (Del) 639

SHRIKANT PRASAD v. GOVT OF N.C.T OF DELHI AND ORS 2024 LiveLaw (Del) 640

SpiceJet v. TWC Aviation 2024 LiveLaw (Del) 641

BHAVREEN KANDHARI v. SHRI C. D. SINGH AND ORS. 2024 LiveLaw (Del) 642

YAMIN ALI v. GOVERNMENT OF NCT OF DELHI AND ORS. 2024 LiveLaw (Del) 643

REKHA OBEROI v. AMIT OBEROI 2024 LiveLaw (Del) 644

ABOOBACKER E. v. National Investigation Agency 2024 LiveLaw (Del) 645

ED v. Ajay S Mittal 2024 LiveLaw (Del) 646

MANJU TOKAS & ANR v. GNCT OF DELHI THROUGH DIVISIONAL COMMISSIONER & ORS. 2024 LiveLaw (Del) 647

Sharjeel Imam v. State 2024 LiveLaw (Del) 648

PRACHEEN SHIV MANDIR AVAM AKHADA SAMITI v. DELHI DEVELOPMENT AND ORS. 2024 LiveLaw (Del) 649

CAPTAIN DEEPAK KUMAR v. ELECTION COMMISSION OF INDIA 2024 LiveLaw (Del) 650

Dr. Satendra Singh Vas Union Of India & Ors. 2024 LiveLaw (Del) 651

Purvanchal Hathkargha Sahakari Sangh Ltd Vs All India Handloom Fabrics Society And Anr. 2024 LiveLaw (Del) 652

Extramarks Education India Pvt. Ltd Vs Saraswati Shishu Mandir 2024 LiveLaw (Del) 653

M/S Power Mech Projects Ltd Vs M/S Doosan Power Systems India Pvt. Ltd. 2024 LiveLaw (Del) 654

CA RAKESH KUMAR GUPTA v. SUPREME COURT OF INDIA THROUGH SECRETARY GENERAL 2024 LiveLaw (Del) 655

Abhimanyu Through Special Power Of Attorney Holder Vs Parmesh Construction Co. Ltd 2024 LiveLaw (Del) 656

RAJESH KUMAR MEHTA v. UNION OF INDIA & ORS. 2024 LiveLaw (Del) 657

M/S Blooming Orchid Vs Fp Life Education Foundation 2024 LiveLaw (Del) 658

DELHI TAMIL EDUCATION ASSOCIATION v. DIRECTOR OF EDUCATION AND ORS 2024 LiveLaw (Del) 659

Communication Component Antenna Inc v. Mobi Antenna Technologies 2024 LiveLaw (Del) 660

SANSER PAL SINGH v. UNION OF INDIA & ORS. 2024 LiveLaw (Del) 661

KAMLESH JAIN v. COMMISSIONER OF POLICE & ORS. 2024 LiveLaw (Del) 662

Colgate Palmolive Company & Ors v State of NCT & Anr & Connected matters 2024 LiveLaw (Del) 663

Jaipuria Edutech Foundation vs. Shyamlalbabu Educational Trust 2024 LiveLaw (Del) 664

Sanjay Khatri vs. State of NCT of Delhi 2024 LiveLaw (Del) 665

MAHANT SHRI NAGA BABA BHOLA GIRI THROUGH HIS SUCCESSOR AVINASH GIRI v. DISTRICT MAGISTRATE DISTRICT CENTRAL AND ORS 2024 LiveLaw (Del) 666

The Commissioner Of Income Tax-International Taxation-3 Versus The Bank Of Tokyo-Mitsubishi UFJ Ltd 2024 LiveLaw (Del) 667

Revd. John H. Caleb v. Diocese of Delhi-CNI and Ors. 2024 LiveLaw (Del) 668

Neeraj Sharma v. Union of India & Ors. and other connected matters 2024 LiveLaw (Del) 669

Central Council of Homoeopathy vs Vijay Singh 2024 LiveLaw (Del) 670

Progress Rail Locomotive Inc. (Formerly Electro Motive Diesel Inc.) Versus Deputy Commissioner Of Income-Tax 2024 LiveLaw (Del) 671

M/S Twenty-Four Secure Services Pvt. Ltd. Vs M/S Competent Automobiles Company Limited 2024 LiveLaw (Del) 672

Delhi High Court Calls For Sensitization Of Trial Court Judges On Immediate Supply Of Conviction Orders To Accused

Title: MUNNA SINGH & ANR. v. STATE OF NCT OF DELHI & ORS.

Citation: 2024 LiveLaw (Del) 638

The Delhi High Court has called for the sensitization of all the judges of trial courts in the national capital to pronounce their judgments on conviction only when the order is ready and immediately provide a copy to the accused who has to be taken into custody.

Justice Navin Chawla directed that the order be circulated to the Principal District and Sessions judges of all the District Courts in Delhi.

Delhi High Court Restricts Ramleela Function Bookings In DDA Grounds Till Fresh SOP Is Published

Title: SHREE HANUMANT DHARMIK RAMLEELA COMMITTEE REGD & ANR. v. DELHI DEVELOPMENT AUTHORITY & ORS.

Citation: 2024 LiveLaw (Del) 639

The Delhi High Court has barred any further offline or online bookings of Ramleela functions in the Delhi Development Authority (DDA) grounds till a new SOP aur guidelines for booking is published by the authority.

Justice Tara Vitasta Ganju directed the DDA to formulate comprehensive SOPs or guidelines for booking of Ramleela sites within five weeks' and no later than June 25.

Delhi High Court Waives ₹1 Lakh Costs Imposed On Lawyer For Filing PIL Concerning CM Arvind Kejriwal, Asks Him To Do Community Service

Title: SHRIKANT PRASAD v. GOVT OF N.C.T OF DELHI AND ORS

Citation: 2024 LiveLaw (Del) 640

The Delhi High Court has waived Rs. 1 lakh costs imposed on a lawyer who filed public interest litigation to restrain the media houses from creating “pressure and airing sensational headlines” regarding Chief Minister Arvind Kejriwal's resignation and imposition of President Rule in the national capital.

A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet PS Arora directed the petitioner, Shrikant Prasad, to do community service in accordance with the directions of the DSLSA.

Delhi High Court Declines To Interfere With Single Judge Order Asking SpiceJet To Handover Leased Aircrafts With Engines To TWC Aviation

Title: SpiceJet v. TWC Aviation

Citation: 2024 LiveLaw (Del) 641

The Delhi High Court has refused to interfere with a single judge's order directing airline SpiceJet to handover two Boeing Aircrafts with engines to TWC Aviation over unpaid dues.

A division bench comprising of Justice Rajiv Shakdher and Justice Amit Bansal however directed SpiceJet to return the aircrafts and engines to the lessor by June 17.

High Court Appoints Delhi Chief Secretary As Nodal Authority To Draft Procedure For Preventing Tree Felling In DU North Campus

Title: BHAVREEN KANDHARI v. SHRI C. D. SINGH AND ORS.

Citation: 2024 LiveLaw (Del) 642

The Delhi High Court has appointed Delhi Government's Chief Secretary as the nodal authority to draft the procedure for preventing felling or transplantation of trees in the North Campus, Delhi University for its expansion or development of infrastructure.

Justice Jasmeet Singh asked the Chief Secretary to would call all the stakeholders, including the Delhi Urban Art Commission (DUAC), Amici Curiae (Advocates Aditya N. Prasad, Gautam Narayan and Prabhsahay Kaur), the municipal authorities and any other agency necessary in his opinion.

High Court Rejects Plea Challenging Appointment Of Delhi Waqf Board's Administrator, Imposes ₹10K Costs

Title: YAMIN ALI v. GOVERNMENT OF NCT OF DELHI AND ORS.

Citation: 2024 LiveLaw (Del) 643

The Delhi High Court has dismissed a plea challenging the appointment of Administrator of Delhi Waqf Board with costs of Rs. 10,000.

Justice Subramonium Prasad said that the plea was an absolute abuse of the process of law without giving any valid reasons as to why the appointment should be quashed.

Section 15(1) Of Hindu Succession Act Works Against Widow Of Pre-Deceased Son, Needs Rectification: Delhi High Court

Title: REKHA OBEROI v. AMIT OBEROI

Citation: 2024 LiveLaw (Del) 644

The Delhi High Court has recently ruled that Section 15(1) of the Hindu Succession Act, 1956, unfortunately, works against the widow of a pre-deceased son, while it is intended to benefit another woman being a deceased woman.

Justice Neena Bansal Krishna said that the provision, which provides general rules of succession of property of a female Hindu dying intestate, is an anomaly in the legislation which needs rectification.

Delhi High Court Denies Bail To Former PFI Chairman E Abubacker, Says Prima Facie Commission Of UAPA Offences

Title: ABOOBACKER E. v. National Investigation Agency

Citation: 2024 LiveLaw (Del) 645

The Delhi High Court on Tuesday dismissed the plea moved by E Abubacker, former chairman of Popular Front of India (PFI), seeking bail in the UAPA case being probed by the National Investigation Agency.

A division bench comprising Justice Suresh Kumar Kait and Justice Manoj Jain dismissed the appeal moved by Abubacker who sought bail on the merits as well as medical grounds.

Delhi High Court Sets Aside Order Transferring PMLA Case After Judge Said 'ED Matters Me Kaunsi Bail Hoti Hain'

Title: ED v. Ajay S Mittal

Citation: 2024 LiveLaw (Del) 646

The Delhi High Court has set aside a trial court order transferring Bhushan Steel money laundering case from one judge to another, after one of the accused alleged that the judge passed a comment expressing "ED matters me kaun si bail hoti hai?”

Justice Swarana Kanta Sharma said that the alleged comment did not reflect any apprehension of bias against the accused or something in favour of the prosecuting agency.

Forums Under Senior Citizens Act Can't Decide Question Of Property Title: Delhi High Court

Title: MANJU TOKAS & ANR v. GNCT OF DELHI THROUGH DIVISIONAL COMMISSIONER & ORS.

Citation: 2024 LiveLaw (Del) 647

The Delhi High Court has ruled that the forums under the Senior Citizens Act cannot decide question of title of properties.

“A reading of the Act makes it clear that the forum under the Act do not have the jurisdiction to decide the title of the property and the purpose of the Act is maintenance of the Senior Citizen and to ensure their welfare. The question of title, therefore, cannot be decided by forums under the Senior Citizens Act,” Justice Subramonium Prasad said.

Delhi High Court Grants Statutory Bail To Sharjeel Imam In Sedition Case

Title: Sharjeel Imam v. State

Citation: 2024 LiveLaw (Del) 648

The Delhi High Court has granted statutory bail to Sharjeel Imam in a UAPA and sedition case relating to the alleged inflammatory speeches made by him in Aligarh Muslim University and Jamia area in the national capital against the Citizenship Amendment Act.

A division bench comprising Justice Suresh Kumar Kait and Justice Manoj Jain allowed Imam's bail plea. He had challenged the trial court order denying him statutory bail in the case.

'Lord Shiva Doesn't Need Our Protection': Delhi High Court Rejects Plea Against Demolition Of Temple "Encroaching" Yamuna Flood Plains Area

Title: PRACHEEN SHIV MANDIR AVAM AKHADA SAMITI v. DELHI DEVELOPMENT AND ORS.

Citation: 2024 LiveLaw (Del) 649

The Delhi High Court has rejected a plea against the action of Delhi Development Authority (DDA) demolishing the Pracheen Shiv Mandir situated near city's Geeta Colony and located near Yamuna Flood Plains.

Justice Dharmesh Sharma observed that Pracheen Shiv Mandir Avam Akhada Samiti, which filed the plea, miserably failed to demonstrate any legal rights existing with it so as to continue to use and occupy the civic property for running the temple services.

'Unsubstantiated Allegations': Delhi High Court Rejects Another Plea To Disqualify PM Narendra Modi From Contesting 2024 General Polls

Title: CAPTAIN DEEPAK KUMAR v. ELECTION COMMISSION OF INDIA

Citation: 2024 LiveLaw (Del) 650

The Delhi High Court has dismissed a plea seeking disqualification of Prime Minister Narendra Modi from contesting the 2024 general elections.

Justice Sachin Datta rejected the plea filed by Captain Deepak Kumar alleging that Modi and his accomplices attempted to destabilize the national security by planning a fatal crash of an Air India flight in 2018 where he was pilot. Kumar also said Modi "made a false Oath or affirmation which otherwise must be made after the nomination paper has been submitted to RO."

Delhi High Court Orders Indian Nursing Council To Consider Representation On Inclusive Disability Reservation In B.Sc. Nursing Program

Case Title: Dr. Satendra Singh Vas Union Of India & Ors.

Citation: 2024 LiveLaw (Del) 651

The Delhi High Court has directed the Indian Nursing Council (INC) to address a representation challenging Clause 8 of the 'Admission Terms and Conditions' under the Revised Regulations and Curriculum for B.Sc. (Nursing Program) Regulations, 2020.

The court has ordered that the current writ petition be treated as a formal representation to INC, which must decide on the matter in accordance with the law, preferably within four weeks.

Notice Under Section 21 Of Arbitration Act Is Pre-Requisite For Initiation Of Proceedings Under Multi-State Cooperative Societies Act: Delhi High Court

Case Title: Purvanchal Hathkargha Sahakari Sangh Ltd Vs All India Handloom Fabrics Society And Anr.

Citation: 2024 LiveLaw (Del) 652

The Delhi High Court bench of Justice Dinesh Kumar Sharma held that except power conferred to the Central Registrar under Section 84 of the Multi-State Cooperative Societies Act, 2002 for appointment of an Arbitrator, the other provisions of the Arbitration and Conciliation Act, 1996 shall remain in operation. It held that the notice as required under Section 21 of the Arbitration and Conciliation Act, 1996 would be a pre-requisite even for initiation of proceedings under Section 84 of the Multi State Cooperative Societies Act, 2002.

Termination Of Arbitrator's Mandate Doesn't Equate To Termination Of Arbitral Proceedings: Delhi High Court

Case Title: Extramarks Education India Pvt. Ltd Vs Saraswati Shishu Mandir

Citation: 2024 LiveLaw (Del) 653

The Delhi High Court bench of Justice Prathiba M. Singh held that that the termination of an arbitrator's mandate does not equate to the termination of the arbitral proceedings. Instead, it allows for the appointment of a substitute arbitrator to ensure the continuation of the proceedings.

Court Fully Empowered To Extend Mandate Even After Expiry Of Arbitral Tribunal's Mandate Under Section 29A(4): Delhi High Court

Case Title: M/S Power Mech Projects Ltd Vs M/S Doosan Power Systems India Pvt. Ltd.

Citation: 2024 LiveLaw (Del) 654

The Delhi High Court bench of Justice Prathiba M. Singh held the court is fully empowered to extend the mandate, even after the expiry of the mandate of the Arbitral Tribunal under Section 29A(4) of the Arbitration and Conciliation Act, 1996.

'No Locus': Delhi High Court Dismisses With Cost Plea Seeking Reasons Behind SC Collegium Recommendations For High Court Judges Appointment

Title: CA RAKESH KUMAR GUPTA v. SUPREME COURT OF INDIA THROUGH SECRETARY GENERAL

Citation: 2024 LiveLaw (Del) 655

The Delhi High Court has dismissed a plea seeking details about the reason for recommendation for High Court judges appointment remitted by Collegium of the Supreme Court of India to the High Court Collegium.

Justice Subramonium Prasad rejected the plea moved by CA Rakesh Kumar Gupta and imposed Rs. 25,000 costs on him to be deposited with the Armed Forces Battle Casualties Welfare Fund.

Where Arbitration Seat Is Fixed, Only Such Court Shall Have Exclusive Jurisdiction To Entertain Application Under Section 11 Of Arbitration Act: Delhi High Court

Case Title: Abhimanyu Through Special Power Of Attorney Holder Vs Parmesh Construction Co. Ltd

Citation: 2024 LiveLaw (Del) 656

The Delhi High Court bench of Justice Dinesh Kumar Sharma held that where the arbitration seat is fixed, only such court shall have exclusive jurisdiction. It held that the cause of action arose at Noida, the agreement was executed at Noida, and the suit property is also situated at Noida. Therefore, the courts in Noida have jurisdiction over the appointment of an arbitrator.

Bank Can't Open LOC As An Arm Twisting Tactic To Recover Debt: Delhi High Court

Title: RAJESH KUMAR MEHTA v. UNION OF INDIA & ORS.

Citation: 2024 LiveLaw (Del) 657

The Delhi High Court has recently observed that a Bank cannot open a Lookout Circular (LOC) as an arm-twisting tactic to recover debt from an individual.

“This Court is of the opinion that after resorting to all the remedies available in law, the Bank cannot open a Lookout Circular as an arm-twisting tactic to recover debt from a person who is otherwise unable to pay more so when there are no allegations that he was engaged in any fraud or in any siphoning off or defalcation of the amounts given as loan,” Justice Subramonium Prasad said.

Period Of Bonafide Negotiations May Be Excluded For Computing Period Of Limitation For Reference: Delhi High Court

Case Title: M/S Blooming Orchid Vs Fp Life Education Foundation

Citation: 2024 LiveLaw (Del) 658

The Delhi High Court bench of Justice Neena Bansal Krishna held the period during which the parties were bona fide negotiating towards an amicable settlement may be excluded for the purpose of computing the period of limitation for reference to Arbitration under the Arbitration and Conciliation Act, 1996.

Aided Minority Institutions Have Absolute Right To Appoint Principals, Teachers; DoE Can Only Prescribe Qualification & Experience: Delhi HC

Title: DELHI TAMIL EDUCATION ASSOCIATION v. DIRECTOR OF EDUCATION AND ORS

Citation: 2024 LiveLaw (Del) 659

The Delhi High Court has ruled that aided minority institutions have an absolute right to appoint the Principals, teachers and other staff in the educational institutions run by them.

“The grant of aid, by the State, to the minority institution, makes no substantial difference to this legal position. At the highest, the State can regulate the proper utilization of the aid which it grants. It cannot subjugate the minority educational institution to its dictates in the matter of appointment of teachers, or Principals, on the pretext that it has granted aid to the institution,” Justice C Hari Shankar said.

Delhi High Court Awards ₹217 Crore In Lost Profits Damages To CCAI In Patent Infringement Suit Against Mobi Antenna Technologies

Case Title: Communication Component Antenna Inc v. Mobi Antenna Technologies

Citation: 2024 LiveLaw (Del) 660

The Delhi High Court has awarded ₹217 crore in lost profits damages to Communication Component Antenna Inc (CCAI) in a patent infringement case against Mobi Antenna Technologies.

Delhi High Court Rejects Plea To Stop Media From Disclosing Swati Maliwal's Identity In Assault Case, Says She Is Herself Talking To Media

Title: SANSER PAL SINGH v. UNION OF INDIA & ORS.

Citation: 2024 LiveLaw (Del) 661

The Delhi High Court has refused to entertain a public interest litigation (PIL) to stop the media from disclosing the name of AAP Rajya Sabha MP Swati Maliwal while reporting the assault case filed by her, along with contents of the FIR.

Frame Rules To Levy Charges On Those Encroaching On Public Land: Delhi High Court To DDA, MCD

Title: KAMLESH JAIN v. COMMISSIONER OF POLICE & ORS.

Citation: 2024 LiveLaw (Del) 662

The Delhi High Court has directed the Delhi Development Authority (DDA) and Municipal Corporation of Delhi (MCD) to devise a mechanism or frame rules to levy charges on those encroaching upon public land.

Delhi High Court Quashes Forgery Case Filed by Anchor Health Against Colgate-Palmolive

Case Title: Colgate Palmolive Company & Ors v State of NCT & Anr & Connected matters

Citation: 2024 LiveLaw (Del) 663

The Delhi High Court has quashed a forgery case filed by Anchor Health and Beauty Care Pvt. Ltd. against Colgate-Palmolive Company and its directors.

The case, involving allegations of forgery related to trademark registration documents, was reserved on February 28, 2024, and dismissed by Justice Amit Sharma on May 28, 2024.

Delhi High Court Grants Ex Parte Injunction Against School Functioning In Muzaffarpur (Bihar) For Violating Trademark Of Jaipuria Group

Case Title: Jaipuria Edutech Foundation vs. Shyamlalbabu Educational Trust

Citation: 2024 LiveLaw (Del) 664

The Delhi High Court restrained the Defendant and all those acting for or / and on their behalf, from using plaintiffs' trademarks in respect of 'Jaipuria International Schools', 'Seth MR. Jaipuria School', as well as the device mark which is deceptively similar to plaintiffs' marks in respect of school or any other educational services.

Parents Of Victim Have History Of Long Matrimonial Discord: Delhi HC Grants Bail To Person Who Was Alleged For Raping His Daughter

Case Title: Sanjay Khatri vs. State of NCT of Delhi

Citation: 2024 LiveLaw (Del) 665

Noticing that the parents of the victim have a history of matrimonial discord and they have filed multiple complaints against each other, the Delhi High Court held that age of minor victim vis-à-vis age of the accused, the family relationship between the victim and the accused and the chances of the accused threatening the victim, must be considered while deciding application in relation to offences under POCSO Act.

If Each Sadhu Or Guru Is Allowed To Build Shrine Or Samadhi On Public Land, It Would Lead To Disastrous Consequences: Delhi High Court

Title: MAHANT SHRI NAGA BABA BHOLA GIRI THROUGH HIS SUCCESSOR AVINASH GIRI v. DISTRICT MAGISTRATE DISTRICT CENTRAL AND ORS

Citation: 2024 LiveLaw (Del) 666

The Delhi High Court has observed that if every Sadhu, Guru or Baba is allowed to build a shrine or samadhi on a public land and use it for personal gains, it would lead to disastrous consequences.

Interest Received By Indian PE On Deposit Maintained With Head Office/Overseas Branch Is Not Taxable In India: Delhi High Court

Case Title: The Commissioner Of Income Tax-International Taxation-3 Versus The Bank Of Tokyo-Mitsubishi UFJ Ltd

Citation: 2024 LiveLaw (Del) 667

The Delhi High Court has held that interest received by the Indian PE on deposits maintained with the Head Office/Overseas Branch is not taxable in India.

Rights out of Holding Of Non-Hereditary Office, Dies With Person's Death, Not Transferable Or Heritable: Delhi High Court

Case Name: Revd. John H. Caleb v. Diocese of Delhi-CNI and Ors.

Citation: 2024 LiveLaw (Del) 668

A single bench of Delhi High Court comprising of Justice Dharmesh Sharmawhile deciding a civil revision petition in the case of Revd. John H. Caleb v. Diocese of Delhi-CNI and Ors, has held that a personal right of action, arising due to holding of a non-hereditary office, dies with the death of the person concerned and not transferable or heritable.

Delhi High Court Takes Judicial Notice Of 52.3 Celsius Temperature In Delhi, Issues Directions Regarding Forests Committee

Case Title: Neeraj Sharma v. Union of India & Ors. and other connected matters

Citation: 2024 LiveLaw (Del) 669

Taking judicial notice of the highest ever temperature recorded at 52.3 degrees Celsius in the national capital, the Delhi High Court has said that the city may be only a barren desert if the present generation continues an apathetic view on deforestation.

Central Council Of Homoeopathy Falls Within Definition Of “Industry” Under ID Act: Delhi High Court

Case Name- Central Council of Homoeopathy vs Vijay Singh

Citation: 2024 LiveLaw (Del) 670

A single judge bench of the Delhi High Court comprising of Justice Chandra Dhari Singh in the case of Central Council of Homoeopathy vs Vijay Singh has held that the Central Council of Homoeopathy falls within definition of “Industry” under Industrial Disputes Act, 1947

Once Issue Of Arm's Length Remuneration Settled By TPO, Question Of Ascertaining Existence Of PE Is Academic; Delhi High Court Quashes Reassessment Proceedings

Case Title: Progress Rail Locomotive Inc. (Formerly Electro Motive Diesel Inc.) Versus Deputy Commissioner Of Income-Tax

Citation: 2024 LiveLaw (Del) 671

The Delhi High Court, while quashing the reassessment proceedings initiated by the income tax department against the Caterpillar Group, held that once the issue of arm's length remuneration was settled by the Transfer Pricing Officer (TPO), the question of ascertaining the existence of a permanent establishment (PE) was academic.

Court Has Authority To Appoint Sole Arbitrator Even Though Arbitration Agreement Specified Three-Member Tribunal: Delhi High Court Allows Section 11(6) Petition

Case Title: M/S Twenty-Four Secure Services Pvt. Ltd. Vs M/S Competent Automobiles Company Limited

Citation: 2024 LiveLaw (Del) 672

The Delhi High Court bench of Justice Neena Bansal Krishna rejected a contention that the court lacked the authority to appoint a sole arbitrator, even though the arbitration agreement specified a three-member tribunal.

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