Delhi High Court
Court Has Authority To Appoint Sole Arbitrator Even Though Arbitration Agreement Specified Three-Member Tribunal: Delhi High Court Allows Section 11(6) Petition
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. The bench held that because the parties have not been able to arrive at the name of an arbitrator, the petition under Section 11(6) of the Arbitration and...
Once Issue Of Arm's Length Remuneration Settled By TPO, Question Of Ascertaining Existence Of PE Is Academic; Delhi High Court Quashes Reassessment Proceedings
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.The bench of Justice Yashwant Varma and Justice Purushaindra...
Central Council Of Homoeopathy Falls Within Definition Of “Industry” Under ID Act: Delhi High Court
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, 1947Background FactsVijay Singh (Respondent) was appointed as a temporary stenographer with the Central Council of...
Rights out of Holding Of Non-Hereditary Office, Dies With Person's Death, Not Transferable Or Heritable: Delhi High Court
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.Background And Facts Of The CaseReverend...
Interest Received By Indian PE On Deposit Maintained With Head Office/Overseas Branch Is Not Taxable In India: Delhi High Court
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.The bench of Justice Yashwant Varma and Justice Purushaindra Kumar Kaurav has observed that the branch office would not partake in the character or attribute of a separate legal personality; the view as taken by the Tribunal is clearly...
If Each Sadhu Or Guru Is Allowed To Build Shrine Or Samadhi On Public Land, It Would Lead To Disastrous Consequences: Delhi High Court
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. “In our country, we might find thousands of Sadhus, Babas, fakirs or Gurus in different parts of the landscape and if each one is allowed to build a shrine or samadhi sthal on a public land...
Parents Of Victim Have History Of Long Matrimonial Discord: Delhi HC Grants Bail To Person Who Was Alleged For Raping His Daughter
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...
Delhi High Court Grants Ex Parte Injunction Against School Functioning In Muzaffarpur (Bihar) For Violating Trademark Of Jaipuria Group
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. Single Bench of Justice Anish Dayal observed...
Justice Rajnish Bhatnagar Bids Farewell To Delhi High Court
Justice Rajnish Bhatnagar on Friday bid farewell to the Delhi High Court on superaanuation after having served as a judge for 24 years. “I do have the satisfaction that I discharged my duties in fear of God and solemn oath I had taken. I managed to do the work tonight for most satisfied satisfaction only because of the love and affection shown to me by both the senior advocates and...
Delhi High Court Quashes Forgery Case Filed by Anchor Health Against Colgate-Palmolive
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.The legal dispute between Colgate-Palmolive and Anchor Health and...
Frame Rules To Levy Charges On Those Encroaching On Public Land: Delhi High Court To DDA, MCD
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.Justice Rajnish Bhatnagar said that there should be a clear perception through careful quantification of the charges to be recovered from the encroacher that shall be for the benefit of public...
