Wait List Candidate Doesn't Have Inherent Right To Appointment, Can't Challenge Selected List Of Candidates After One Year: Delhi High Court

The Delhi High Court bench of Justice Tushar Rao Gedela held that the wait-listed candidate will not have any right whatsoever much less the right of consideration. Further, the bench held that once the final select list of candidates has been offered an appointment to the post and concluded by such incumbents accepting the said offer and occupying the said post, the candidate cannot...

Delhi High Court Ex-Parte Restrains Saksham Trading Company From Using “Yatra' And 'YS' In E-Vehicles Business

The Delhi High Court bench of Justice Anish Dayal held that restrained Saksham Trading Company from using 'Yatra', 'YS', and any other marks resembling or deceptively similar to the YC Electric Vehicles marks 'Yatri' and 'YC' in E-Rickshaws, E-Vehicles, parts, accessories, and related goods. The bench held that: “Balance of convenience lies in favour of plaintiff, and they...

Determination Of Delay On Part Of Contractor Is Not 'Excepted Matter', Only Quantum Of Damages Is Non-Arbitrable: Delhi High Court

The Delhi High Court bench of Justice Neena Bansal Krishna held that the question of determination of whether indeed, there was a delay on the part of the Contractor is not an excepted matter and it is only the quantum of damages which is non-arbitrable. The bench held that: “….the question of determination of delay, is not an excepted matter and has to be necessarily arbitrated...

Where No Seat Is Specified In Arbitration Agreement, Jurisdiction Of Court Shall Be Determined In Accordance With Section 16 To 20 Of CPC: Delhi High Court

The Delhi High Court bench of Justice Neena Bansal Krishna held that where no seat of arbitration is specified in the arbitration agreement, the jurisdiction of the court shall be determined in accordance with Section 16 to Section 20 of C.P.C. The bench held that: “….no confusion and law is explicit that for the purpose of Arbitration, even if no part of cause of action has...

Principle Of No Work No Pay Not Applicable If Order Of Termination Illegal: Delhi High Court

A single judge bench of the Delhi High Court comprising of Justice Tushar Rao Gedela in the case of Manisha Sharma Vs Vidya Bhawan Girls Senior Secondary School & Anr has held that an employee is entitled to backwages if order of termination was illegal and the principle of no work no pay is not applicable in such cases. Background Facts Manisha Sharma (Petitioner) was appointed...

[Arbitration Act] Awarding Interest Rate Is Discretion Of Arbitrator, Can't Be Claimed As Matter Of Right: Delhi High Court

The Delhi High Court bench of Justice Neena Bansal Krishna held that awarding interest rate is the discretion of the arbitrator and the same cannot be claimed by a party as a matter of right. The bench held that: “whether to grant or refuse the interest on the principle amount, is the absolute discretion of the learned Arbitrator.” Brief Facts: The Petitioner was...

Copyright Cannot Be Granted To Ideas And Generic Terms Used Commonly In the Public Domain, Delhi High Court Invalidates Registration Of Phrase 'Coming Soon'

The Delhi High Court single bench of Justice Anish Dayal held that copyright protection cannot be provided to vague and abstract subjects, merely expressing a generic idea. The bench invalidated the registration of phrases like 'Coming Soon' and generic titles like 'Advertisement', which are commonly available in the public domain. Brief Facts:HMD Mobile India Private Limited (“HMD”),...

Conclusions Drawn By Arbitrator In Disregard Of Evidence On Record Makes Award Liable To Be Set Aside As Being Perverse And Patently Illegal: Delhi High Court

The Delhi High Court bench of Justice Anup Jairam Bhambhani held that where an arbitrator has rendered no clear findings on a contentious issue and the conclusions drawn by an arbitrator are in disregard of the evidence on record, the award is liable to be set aside, as being perverse and patently illegal. Brief Facts: The matter pertained to disputes that arose from a Memorandum...

Delhi HC Upholds Constitutional Validity Of Section 71(3A) Income Tax Act; Dismisses Petition Challenging Rs. 2 Lakh Cap On House Property Income Set-Off

The Delhi High Court dismissed a writ petition challenging the constitutional validity of Section 31 of the Finance Act, 2017. This section amended the Income Tax Act, 1961 (ITA) by adding sub-section (3A) to Section 71. The petition was filed by a government employee who claimed to have constructed a house in 2014, incurring an expenditure of Rs. 1.35 crore.A Division Bench consisting of...

Delhi High Court Orders Blocking Of Websites For Spreading Fake Interview Of Anant Ambani With Anand Narasimhan

The Delhi High Court has directed the blocking of rogue websites disseminating false information about an interview between Reliance Industries Director Anant Ambani and TV18 journalist Anand Narasimhan. Justice Sanjeev Narula, presiding over the case, ordered Meta and X to remove the related Facebook posts and tweets and to provide details of the users who made these posts within...

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...