Seat Of Arbitration To Be Determined On Basis Of Connection With Arbitration Proceedings, Not With Cause Of Action: Delhi High Court

The Delhi High Court single bench of Justice Prateek Jalan held that the seat of the arbitration proceedings is to be determined on the basis of connection with the arbitral proceedings, and not with the cause of action for the underlying disputes. Brief Facts: The matter pertained to a dispute between the Respondent, registered as a medium enterprise under the MSME Act and...

Delhi High Court Rules In Favour Of Karim's In Trademark Lawsuit Against Karin's

The Delhi High Court has recently ruled in favour of Karim Hotels in its trademark infringement suit against a restaurant operated under the name Karin's. Justice Sanjeev Narula decreed the suit in favour of Karim Hotels Private Limited and Karim's Mughlai Foods, which was accorded a license by the former authorising it to use “KARIM'S” trademark for commercial exploitation in relation...

Court Can Not Mechanically Send Dispute To Arbitral Tribunal, Must Consider Fundamental Issues u/s 11(6A): Delhi High Court

The Delhi High Court single bench of Justice Dinesh Kumar Sharma held that the Court is not required to behave in a mechanical manner to send a party's dispute to the arbitral tribunal and must consider the fundamental issues, within the parameters outlined in Section 11(6-A) of the Arbitration and Conciliation Act, 1996. The bench held that: “Since it is a well-settled law that...

Delhi High Court Grants Interim Injunction under S.9 of A&C act Restricting Savera Eats' Usage of 'Burger Singh'

The Delhi High Court single bench of Justice Sanjeev Narula granted an ex-parte interim injunction in favor of Tipping Mr Pink Private Limited to prevent Savera Eats from using the “Burger Singh” registered trademark. The bench held that despite the termination of the franchise agreement, Savera Eats continued to operate the franchise outlet under the Petitioner's...

Monetary Limit Of Rs. 1 Crore For Appeals To High Court; Delhi High Court Dismisses Dept's Appeal

The Delhi High Court has dismissed the challenging redemption fine of Rs. 40 lakhs, citing instructions issued by the Central Board of Indirect Taxes and Customs (CBIC), which set the monetary limit of Rs. 1 crore for appeals to the high court.The Bench of Justice Sanjeev Sachdeva and Justice Ravinder Dudeja has observed that the issue involved is with regard to the redemption fine of Rs....

Unexplained Expenditure Addition Merely Based On CBIC Instruction Not Sustainable: Delhi High Court

The Delhi High Court has deleted the addition for unexplained expenditure, which was based on the instruction issued by the Central Board of Indirect Taxes and Customs (CBIC).“Merely proceeding on the basis that CBIC is an apex body and therefore, information provided by it cannot be doubted, without even identifying or meaningfully analyzing such information, is wholly insufficient to...

[Arbitration Act] Public Policy While Considering Enforcement Of Foreign Awards Has To Be Construed Narrowly, In Consonance With International Notions: Delhi High Court

The Delhi High Court bench of Justice Prateek Jalan held that the public policy argument while considering enforcement of foreign awards has to be construed narrowly and in consonance with international notions of public policy. The bench held that all violations of statute or supporting legislation do not satisfy this ground, and violations must be of fundamental...

Delhi High Court Issues Show Cause Notice To Lawyer Who Posted 'Contemptuous Comments' In Chat Box Through VC

The Delhi High Court has issued a show cause notice to a lawyer asking why criminal contempt proceedings should not be initiated against him for posting “patently contemptuous” comments in the chat box while appearing through virtual mode during proceedings. Justice Anoop Kumar Mendiratta observed that the comments were placed in public domain with intention to scandalize the Court,...

Delhi High Court Reverses Acquittal, Holds Father Guilty Of Repeatedly Raping Minor Daughter

The Delhi High Court on Tuesday reversed the acquittal of a man and held him guilty for repeatedly raping and sexually assaulting his minor daughter for around two years in 2011-13.The man was acquitted by the trial court in June 2019. The FIR was registered on January 2013 on the basis of the victim's statement alleging that she was being assaulted by him for the last two years- 2011. The...

Delhi High Court Directs Assessing Officer To Decide Centre For Policy Research's Application To Stay Income Tax Demand Afresh

The Delhi High Court has recently directed the Assessing Officer (AO) to decide afresh the application moved by the Indian public policy think tank Centre for Policy Research (CPR) seeking a stay of the income tax demand for the year 2022-23.A division bench comprising of Justice Yashwant Varma and Justice Purushaindra Kumar Kaurav set aside the Assessing Officer's order passed on May...

Liquor Policy: Delhi High Court Reserves Judgment In Manish Sisodia's Bail Pleas In ED, CBI Cases

The Delhi High Court on Tuesday reserved judgment in the bail pleas filed by Former Deputy Chief Minister and Aam Aadmi Party leader Manish Sisodia in the money laundering and corruption cases related to the alleged liquor policy scam.Sisodia is presently under judicial custody in the money laundering and corruption cases related to the alleged excise policy scam.Justice Swarana Kanta...

Actor Jackie Shroff Files Suit Before Delhi High Court Seeking Protection Of His Personality And Publicity Rights

Bollywood actor Jackie Shroff has filed a suit before the Delhi High Court seeking protection of his personality and publicity rights. The suit has been filed against various entities using his name, photographs, voice and word “Bhidu” without his consent.Justice Sanjeev Narula heard the matter today and issued summons to the defendant entities in the suit. The matter has been listed...