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...

Arbitration Act | Court Should Refrain From Delving Into Hyper-Technical Aspects Of Arbitration Agreement At Section 11(6) Stage: Delhi High Court

The Delhi High Court single bench of Justice Dinesh Kumar Sharma held that court at the Section 11(6) stage should refrain from delving into hyper-technical aspects or intricacies of the arbitration agreement. Instead, the bench held that if an agreement visibly contains an arbitration clause and involves a dispute suitable for arbitration, it must be referred to the arbitrator as a...

Release Basic Tax Assignment Instalment Of ₹738 Cr To MCD To Enable Payment Of Outstanding Dues: High Court To Delhi Govt

The Delhi High Court has recently directed the Delhi Government to release a basic tax assignment instalment of Rs. 738 crores to the Municipal Corporation of Delhi (MCD) to enable payment of outstanding dues by the civic body to its former and serving employees.In an order passed on April 08, a division bench comprising Acting Chief Justice Manmohan and Justice Manmeet PS Arora directed...

Delhi High Court Orders Take Down Of 'Fraudulent Website' Impersonating Tata, Luring Customers To Invest In Ponzi Scheme

The Delhi High Court has ordered the taking down of a “fraudulent website” impersonating Tata Sons Private Limited and luring customers to invest in their ponzi investment scheme.Justice Sanjeev Narula directed restrained Tata Restart, the entity running the website, from, using Tata or Tata Restart mark or any other mark deceptively similar to the registered marks of Tata Sons.Granting...

Delhi High Court Holds Man Guilty Of Contempt For Obtaining Permission To Cut Tree Based On 'Forged Documents'

The Delhi High Court has held a man, a private builder, guilty of contempt for obtaining permission to cut a tree in national capital's Lajpat Nagar area on the basis of “forged and fabricated documents” from the forest department.Justice Subramonium Prasad observed that the man obtained the permission despite a judicial order passed in July 2021 directing the Tree Officer and the...

Use Of The Word 'Seat' Is Not Compulsory In An Arbitration Clause: Delhi High Court

The High Court of Delhi has held that the use of word 'seat' in an arbitration clause is not compulsory to determine the jurisdiction of the Court(s) which would have jurisdiction over the proceedings arising out of the arbitration agreement. The bench of Justice Pratibha M. Singh held that there would be no seat and venue dichotomy when the jurisdiction conferred on other courts is...

No Bar On Political Parties To Contest Municipal Polls, Adoption Of Election Symbols Reasonable: Delhi High Court

The Delhi High Court has ruled that there is no bar under Article 243ZA or 243R of the Constitution of India on political parties, recognized by the State Election Commission (SEC), from contesting municipal elections.A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora said that the adoption of Election Symbols of the political parties by the SEC...

Domestic Violence Act Applicable To Every Woman Irrespective Of Religious Affiliation: Delhi High Court

The Delhi High Court has recently observed that the Protection of Women from Domestic Violence Act, 2005, is a measure of social justice applicable to each woman, irrespective of religious affiliation or social background.Justice Anoop Kumar Mendiratta said that the statute was enacted to safeguard the rights of the victims of 'domestic violence' in 'domestic relationship'.The court dismissed...

Reopening Or Abatement Of Assessment To Be Triggered Only Upon Discovery Of Material: Delhi High Court

The Delhi High Court has held that a reopening or abatement would be triggered only upon the discovery of material that is likely to “have a bearing on the determination of the total income” and would have to be examined bearing in mind the AYs' that are likely to be impacted.The bench of Justice Yashwant Varma and Justice Purushaindra Kumar Kaurav has observed that abatement of the six...

Delhi High Court Awards ₹3.5 Lakh Costs To Puma In Trademark Infringement Suit

The Delhi High Court has awarded Rs. 3.5 lakh costs to German multinational corporation, Puma, in a trademark infringement suit against an entity manufacturing various products using the former's trademark “Puma.”Justice Anish Dayal decreed the suit in favour of Puma and permanently restrained the defendant manufacturer, Ashok Kumar who was trading as RK Industries, from...

Mere Mention Of Individual's Name In Suicide Note Can't Be Sole Basis Of Trial For Abetment Of Suicide: Delhi High Court

The Delhi High Court has observed that the mere mention of an individual's name in a suicide note cannot be the sole basis for prosecuting him or her to face trial or conviction for the offence of abetment of suicide.“Mere mention of the name of certain individual(s) in the suicide note, stating therein that they are responsible for his death cannot ipso facto be the sole basis for putting...

'Don't Involve Us In Political Thicket': Delhi High Court Dismisses Third Plea To Remove Arvind Kejriwal From CM Post, Says Will Impose Costs

The Delhi High Court on Wednesday came down heavily on former Aam Aadmi Party MLA Sandeep Kumar for filing a petition seeking removal of Arvind Kejriwal from the post of Chief Minister of Delhi. This is the third petition seeking such a relief. Earlier two pleas have been rejected.Kejriwal is presently in judicial custody in an ED case relating to the excise policy. Yesterday, the court...