Delhi High Court Weekly Round-Up: July 22 To July 28, 2024

Citations 2024 LiveLaw (Del) 811 to 2024 LiveLaw (Del) 851NOMINAL INDEXPhonographic Performance Limited vs Al-Hamd Tradenation 2024 LiveLaw (Del) 811 DHANYA RAJENDRAN & ANR. v. GALAXY ZOOM INDIA OVT LTD & ORS. 2024 LiveLaw (Del) 812 CIT Versus A.T. Kearney Ltd. 2024 LiveLaw (Del) 813 Priyam Sharma vs. State NCT of Delhi 2024 LiveLaw (Del) 814 COMMISSIONER OF POLICE AND ANR v....

Article 23A Of Schedule I-A Of Stamp Act Applies To Agreements To Sell Under Section 53A Of Transfer Of Property Act: Delhi High Court

The Delhi High Court bench of Justice C.Hari Shankar has held that Article 23A of Schedule I-A of the Stamp Act applicable in Delhi covers Agreement to Sell to which Section 53A of the Transfer of Property Act (TPA) applies. Section 53A of the TPA is designed to protect a transferee who has part performed a contract for the transfer of immovable property. To avail of this...

CBI Calls Arvind Kejriwal 'Sutradhar' Of Liquor Policy Scam, Delhi High Court Reserves Judgment In Bail Plea

The Delhi High Court on Monday reserved judgment in the plea filed by Chief Minister Arvind Kejriwal seeking bail in the corruption case related to the liquor policy case.Justice Neena Bansal Krishna reserved the order.Central Bureau of Investigation (CBI) SPP DP Singh argued that Kejriwal is the “sutradhar” of the “entire scam” and that there is direct evidence to show his...

Section 34 Of Arbitration Act Can't Be Used To Seek Re-Litigation: Delhi High Court

The Delhi High Court bench of Justice C. Hari Shankar has held that that Section 34 of the Arbitration and Conciliation Act, 1996 cannot be used as a tool for a litigant to desist from participating in the arbitral proceedings, despite being fully aware thereof, and, thereafter, seek a “second bite at the arbitral cherry”.The bench further held that under Section 34 the court cannot...

Breaking | Delhi High Court Directs Baba Ramdev To Take Down Claims Blaming Allopathy For Covid-19 Deaths And Promoting Coronil

The Delhi High Court on Monday directed Yoga guru Baba Ramdev and Acharya Balakrishna to remove their statements claiming that allopathy was responsible for deaths of lakhs of people in COVID-19 and that Patanjali's Coronil is a “cure” for virus.Justice Anup Jairam Bhambhani passed order in the interim injunction application moved in a suit filed by various doctors' associations in...

It Is Not Permissible To Compare Competing Trademarks By Dissecting Its Parts: Delhi High Court Rules Against Loreal

While emphasizing that the object of examination is to ensure the compliance of the provisions of the Trademarks Act, the Delhi High Court held that no interference with the registration of the trademark would be warranted, unless it is prima facie established that the registration of the trademark falls foul of the provisions of the Act. The Division Bench of Justice Vibhu...

Educational Activities Neither Business Nor Profession, Covered Under Section 2 (15) Of Income Tax Act: Delhi High Court

The Delhi High Court has held that the assessee is carrying on educational activities that are covered by the provisions of Section 2 (15) of the Income Tax Act, and it is neither business nor profession of the assessee. The bench of Justice Yashwant Varma and Justice Ravinder Dudeja observed that the mode and manner in which education is imparted would be a concept that would have to...

Delhi High Court Orders CBI Probe Against Litigant Who Filed Repeated Pleas Alleging Unauthorised Constructions

The Delhi High Court has recently ordered inquiry to be conducted by Central Bureau of Investigation (CBI) against a litigant who repeatedly filed petitions, including PILs, alleging unauthorised constructions, some of which were never listed in court.A division bench comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela directed the CBI to conduct a preliminary enquiry...

Failure To Carry Out Physical Verification Of Veracity Of Exporter Alone Is No Basis To Suspend License Of Custom Broker: Delhi HC

The Delhi High Court held that a custom broker cannot be held guilty of having failed to discharge the obligation placed in terms of Regulation 10(n) of CBLR 2018, simply because he has not carried out physical verification of the veracity of the exporter. As per the Customs Brokers Licensing Regulations, 2018, Section 10(e) states about the obligation of the Custom Broker to...

Non-Bailable Warrant U/S 73 CrPC Cannot Be Issued To Produce Accused Before Police For Investigation: Delhi High Court

The Delhi High Court has ruled that issuance of a non-bailable warrant under Section 73 CrPC by a Magistrate, for the production of the accused before the police for investigation is illegal, as such a warrant could only be issued for the production of the accused before a court. Further, the Court held that under Section 82 CrPC, a Magistrate must record reasons for believing that a person...

Delhi High Court Rules In Favour Of RPF Candidate Denied Job Due To Pregnancy, Orders ₹1 Lakh Costs To Recently Injured Woman Staff

Ruling in favour of a woman who was denied appointment as a Constable in the Railway Protection Force in 2019 due to her pregnancy, the Delhi High Court imposed Rs. 1 lakh costs on the Central Government to be paid to a lady employee who recently got injured when a portion of the roof in the court building fell on her.A division bench comprising of Justice Rekha Palli and Justice Shalinder...

Delhi High Court Issues Notice On Mahua Moitra's Plea Challenging FIR Over Tweet On NCW Chief Rekha Sharma

The Delhi High Court on Friday issued notice on a plea moved by Trinamool Congress MP Mahua Moitra challenging an FIR registered by the Delhi Police recently over her social media post allegedly criticising the National Commission of Women (NCW) Chief Rekha Sharma.Justice Neena Bansal Krishna sought response of the Delhi Police and listed the matter for hearing on November 06. Moitra...