Not Permissible For TPO To Engage In Restructuring Of Transaction: Delhi High Court

The Delhi High Court has held that it is not permissible for the Transfer Pricing Officer (TPO) to engage in the restructuring of a transaction.The bench of Justice Yashwant Varma and Justice Ravinder Dudeja has observed that it would also not be permissible for the TPO to engage in the restructuring of a transaction unless the economic substance of the transaction differed from its form, and...

Delhi High Court Asks AAP Leader Somnath Bharti To Correct Mistakes In His Plea Challenging BJP MP Bansuri Swaraj's Election

The Delhi High Court on Monday adjourned to August 13 the plea filed by Aam Aadmi Party (AAP) leader Somnath Bharti challenging the election of BJP's Bansuri Swaraj as Member of Parliament from New Delhi Parliamentary Constituency in the Lok Sabha Polls, 2024, on the grounds of 'corrupt practices'.Justice Manmeet Pritam Singh Arora said that the petition had multiple typographical errors and...

Delhi Riots UAPA Case: Delhi High Court Judge Justice Amit Sharma Recuses From Hearing Umar Khalid's Bail Plea

Delhi High Court judge, Justice Justice Amit Sharma, on Monday, recused from hearing the bail plea filed by Umar Khalid in connection with the Delhi riots larger conspiracy case registered under the Unlawful Activities (Prevention) Act.The matter was heard by a division bench comprising of Justice Prathiba M Singh and Justice Amit Sharma which listed the appeal for hearing on July 24, along...

Delhi High Court Orders Removal Of 'Defamatory' YouTube Videos, Articles Against Dhanya Rajendran

The Delhi High Court has ordered the removal of YouTube videos and news articles containing “defamatory” statements against The News Minute founder, Dhanya Rajendran, in respect of the “Cutting South” event hosted last year.Justice Vikas Mahajan passed the ad interim injunction in favour of Rajendran in the defamation suit filed by her. The court directed media channels The Karma News...

Filing Of Pending Application For Compulsory License Does Not Entitle Applicant To Infringe Owner's Copyright: Delhi High Court

The Delhi High Court single bench of Justice Mini Pushkarna granted an interim injunction against Al-Hamd Tradenation, restraining it from using Phonographic Performance Limited's copy-righted sound recordings. Even though Al-Hamdhad applied for a compulsory license of those recordings which was pending approval, it was not entitled to use Phonographic Performance Limited's sound...

Arbitrator Must Determine Validity Of Coercion Claims In Settlement Agreements, Termination Of Arbitration Improper: Delhi High Court

The Delhi High Court bench of Justice Neena Bansal Krishna has held that claims of coercion or economic duress in a settlement agreement require examination by an arbitrator to determine their validity. The bench held that the Arbitrator's summary dismissal of the claimant's plea and the termination of arbitration proceedings without a trial were improper. Further, Justice...

'Subsequent Shareholders' Do Not Qualify As 'Association Or Body of Individuals' Under Section 2(1)(f)(iii) Of Arbitration Act: Delhi High Court

The Delhi High Court bench of Justice Prateek Jalan has held that “subsequent shareholders,” each holding a specific number of shares and having the right to exit the company under defined conditions while undertaking individual rights and obligations, do not qualify as an "association or body of individuals" under Section 2(1)(f)(iii) of the Arbitration and Conciliation...

Decree Holder Not Entitled To Interest For Period Between Deposit of amount and its Release : Delhi High Court

The Delhi High Court bench of Justice C. Hari Shankar has held that the Decree Holder is not entitled to interest on the amount deposited by the Judgment Debtor for the period between the date of deposit and the date of release permitted by the court. The bench held that the entitlement to interest does not extend to the period between the deposit and the withdrawal application if...

Intention To Arbitrate Must Be Assessed Holistically In Transactions Involving Interlinked Agreements, Even If Some Agreements Lack Explicit Arbitration Clauses: Delhi High Court

The Delhi High Court single bench of Justice Pratibha M. Singh held that in a composite transaction involving multiple interlinked agreements, courts should assess the intention to arbitrate holistically and refer disputes to arbitration even if some agreements lack explicit arbitration clauses. Brief Facts: Nishesh Ranjan and Vandana Srivastava (“Petitioners”) entered into...

AAP Leader Somnath Bharti Moves Delhi High Court Challenging Election Of BJP MP Bansuri Swaraj

Aam Aadmi Party (AAP) leader Somnath Bharti has moved the Delhi High Court challenging the election of BJP's Bansuri Swaraj as Member of Parliament from New Delhi Parliamentary Constituency in the Lok Sabha Polls, 2024, on the grounds of 'corrupt practices'. The matter will be heard on Monday by Justice Manmeet Pritam Singh Arora. Bharti also contested the seat but was declared as lost by...

Umar Khalid Moves High Court Seeking Bail In Delhi Riots Larger Conspiracy Case, Hearing On Monday

Umar Khalid has moved the Delhi High Court seeking bail in connection with the Delhi riots larger conspiracy case registered under the Unlawful Activities (Prevention) Act.A division bench comprising of Justice Prathiba M Singh and Justice Amit Sharma will hear the matter on Monday. Khalid's second bail plea was denied by the trial court on May 28. He has challenged the said order in...

Delhi High Court Upholds Demolition Of Shiv Temple Near Yamuna Flood Plains, Says Eco-Sensitive Zone Must Be Protected From Encroachment

The Delhi High Court upheld the decision of the Single Judge Bench concerning the demolition order issued by the Delhi Development Authority (DDA) for a Shiv Temple located near Yamuna Flood Plains. The court asserted that as the Yamuna River Floodplain is an eco-sensitive zone, it needs to be protected from encroachments and illegal constructions.The appellant, Prachin Shiv Mandir, filed...