Plea In Delhi High Court To Disqualify PM Narendra Modi From Elections For Allegedly Seeking Votes In Name Of Religious Deities

A petition has been filed before the Delhi High Court seeking action against Prime Minister Narendra Modi for allegedly seeking votes for the Bhartiya Janata Party (BJP) in the name of Hindu as well as Sikh deities and place of worships. The plea has been moved by one Anand S Jondhale, a lawyer by profession. Jondhale seeks a direction on the Election Commission of India (ECI) to disqualify...

Service On Whatsapp Number And Email Address Mentioned In The Agreement Constitutes A Valid Service: Delhi High Court

The Single Bench of Justice Prateek Jalan of High Court of Delhi has held that service of the petition on the WhatsApp number and the Email address mentioned in the agreement between the parties constitutes a valid service. Facts The parties entered into a lease agreement dated 21.03.2018 wherein a vehicle was leased out by the petitioner to respondent no.1. Clause 10.2 of...

Arbitrator Can Award Compensation On 'Guesswork' When Loss Is Difficult To Prove Subject To Maximum Amount Payable Under LD Clause: Delhi High Court

The High Court of Delhi has held that an arbitrator is empowered to award compensation to an aggrieved party that has suffered losses on the basis of 'rough and ready method' or 'guesswork' when the loss is difficult to prove. The bench of Justices Rajiv Shakdher and Amit Bansal held that as long as there is material available with the arbitrator that damages have been suffered, but...

Acquittal From Predicate Offence Would Lead To Cessation Of Consequential Proceedings Including Attachment Under PMLA: Delhi High Court Reiterates

The Delhi High Court has reiterated that if the elementary foundation i.e., the scheduled offence is itself removed, consequential proceedings under the Prevention of Money Laundering Act, 2002 shall also fall.The division bench comprising Justices Purushaindra Kumar Kaurav And Yashwant Varma observed, “the appellant-Jeevan Kumar had already been acquitted of the scheduled offence, there can...

Right To Be Identified By One's Name Fundamental To Individual's Identity: Delhi High Court

The Delhi High Court has recently observed that name of an individual is an identity marker and the right to be identified by one's name is fundamental to one's very identity.“It partakes, therefore, of a primordial necessity, and the Court has, when petitioned in that regard, to ensure that the request, if genuine, is acceded to,” Justice C Hari Shankar said. Referring to the Supreme...

Limitation Period For Filing An Application For Substitution Of An Arbitrator Is 3 Years: Delhi High Court

The Single Bench of Justice Neena Bansal Krishna of Delhi High Court has held that the period of limitation for filing an application under Section 14 of the A&C Act seeking substitution of the arbitrator is three years from the date when the right to apply accrues. The Court also held that an arbitrator would be deemed to have abandoned the arbitration if no proceedings take...

Domino's Pizza: Delhi High Court Restrains Food Outlets From Using 'Domino', 'Dominoz' Marks, Orders Delisting From Swiggy And Zomato

The Delhi High Court has restrained eight food outlets in the national capital from using Domino, Domino's, Dominon, Domino's, Dominoz, Domino's and Domain's marks after famous multinational pizza restaurant chain Domino's Pizza sued them over trademark infringement.Justice Sanjeev Narula directed food delivery platforms, Zomato and Swiggy, to delist, takedown and suspend the outlets from...

'Too Late': Delhi High Court Rejects VCK Party's Petition For Allotment Of 'Pot' Symbol To Contest General Elections 2024

The Delhi High Court has recently dismissed a plea filed by the Viduthalai Chiruthaigal Katchi (VCK) party for the allotment of "pot" symbol to contest the 2024 general elections.Justice Sachin Datta finding no merit in the petition, declined to interfere with the ECI's decision. Justice Datta observed, “It is also rightly contended by learned counsel for the Respondent that since the...

Rationale To Deny ITC To Service Provider Who Is Not Liable To Pay Tax On Output Services Is Obvious: Delhi High Court

The Delhi High Court has held that the rationale to deny input tax credit (ITC) to service providers who are not liable to pay tax on output services is obvious.The bench of Justice Vibhu Bakhru and Justice Amit Mahajan has held that the service providers rendering services on which tax is payable on a reverse charge basis would constitute a class of their own, and a challenge to the same...

Delhi High Court Grants Relief Of As Low As 5% IGST On Import Of Dialysis Machines By FMC India

The Delhi High Court has granted relief of as low as 5% Integrated Goods and Service Tax (IGST) on the import of dialysis machines by Fresenius Medical Care India Private Limited (FMC India).The bench of Justice Sanjeev Sachdeva and Justice Ravinder Dudeja has observed that dialysis machines covered under HSN Code 9018 and 9031 are liable to be taxed at 5%, essentially awarding a...

Travel Information Of An Individual Is Personal, Can't Be Disclosed To Third Party Under RTI Act: Delhi High Court

The Delhi High Court has recently observed that travel information of an individual is “personal information” which cannot be disclosed to a third party under the Right to Information Act, 2005, unless it is in larger public interest. “Travel information of any person is personal information and such details cannot be divulged to a third party unless the same is in larger...

ITSC Entrusted With Power Of Granting Immunity From Penalty And Prosecution Only In Case Of Full And True Disclosure: Delhi High Court

The Delhi High Court has held that the Income Tax Settlement Commission (ITSC) is entrusted with the power to grant immunity from penalty and prosecution only in cases of full and true disclosure.The bench of Justice Yashwant Varma and Justice Purushaindra Kumar Kaurav has observed that once it is seen that the disclosure was not full and truthful, the ITSC loses its jurisdiction to...