Exclusive Jurisdiction Clause Prevails Over Seat Of Arbitration Clause If It Expressly Covers Proceedings Relating To Arbitration: Delhi HC

The Delhi High Court bench of Justice C. Hari Shankar has observed that generally if an agreement contains both exclusive jurisdiction clause and seat of arbitration clause, then judicial proceedings relating to arbitration would lie only before the court having territorial jurisdiction over the arbitral seat/venue. However, as in the instant case, if the exclusive jurisdiction clause...

Well-Educated Wife With Job Experience Must Not Remain Idle Solely To Gain Maintenance From Husband: Delhi High Court

The Delhi High Court has observed that a well educated wife with suitable job experience must not remain idle solely to gain maintenance from her husband. “….this Court is of the considered view that a well-educated wife, with experience in a suitable gainful job, ought not to remain idle solely to gain maintenance from her husband,” Justice Chandra Dhari Singh said. The Court dismissed a plea filed by a wife challenging a family court order denying her interim maintenance under Section 125 of...

NRI's Entitled To Benefits Provided To 'Eligible Passengers' Under 2016 Baggage Rules: Delhi High Court

The Delhi High Court has held that a non-resident Indian is fully entitled to the benefit provided to an “eligible passenger” under the Baggage Rules, 2016 for the purposes of Customs on arrival to India.Eligible passenger was defined by the Finance Ministry via a Notification dated June 30, 2017, to mean a passenger of Indian origin or a passenger holding a valid Indian passport, coming to India after not less than six months of stay abroad.Baggage Rules allow duty-free clearance of certain...

Tender Floated To Procure Equipment For Hybrid Hearing Infrastructure In District Courts: Delhi Govt Informs High Court

The Delhi Government on Wednesday informed the Delhi High Court that tender has been floated yesterday for procurement of equipments for providing hybrid hearings infrastructure in all district courts in the national capital.A division bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela directed that an affidavit be filed by a competent authority of Public Works Department (PWD) indicating as to within what minimum time period the tender can be finalized and...

High Court Pulls Up Delhi Govt Over Lack Of Efforts To Ensure Finances For Construction Of Residential Flats For Judges

The Delhi High Court on Wednesday pulled up the Delhi Government for lack of efforts to ensure finances for pending project of construction of residential flats for judicial officers of the district judiciary in the national capital. A division bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela reminded the Delhi Government that providing adequate official accommodation to the judicial officers has to be a priority for all.“Having regard to the nature of...

'Proof Beyond Reasonable Doubt' Is A Principle Of Criminal Law, Not Applicable To Tax Law: Delhi High Court

The Delhi High Court has made it clear that the principle of 'proof beyond reasonable doubt' cannot be made applicable to Section 148 of the Income Tax Act, 1961 which enables an assessing officer to open an assessment if he has 'reason to believe' that an assessee's income escaped assessment.A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela observed,...

'All Speculation, No Concrete Material': Delhi High Court On PIL For CBI Probe Into Corruption Via Electoral Bonds

The Delhi High Court on Wednesday orally remarked that the allegations raised in the PIL seeking a court monitored CBI probe into the instances of “quid pro quo and corruption” by way of donations made through electoral bonds by individuals or companies to various political parties were “all speculation” and were based on “no concrete material”. A division bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela noted that the allegations were based on two things-...

Delhi High Court Directs BCI To Enrol South Korean Citizen As Advocate Within Two Days

The Delhi High Court on Tuesday (March 18) directed the Bar Council of India to enrol a South Korean citizen- Daeyoung Jung as an advocate within two days. A division bench comprising Justice Prathiba M Singh and Justice Rajneesh Kumar Gupta observed that withholding the enrolment would not be permissible since there was no stay of a single judge order which had quashed BCI's decision refusing to consider Jung as eligible for enrolment as an advocate. “Under these circumstances, the enrolment...

Cheque Dishonor | Conviction Alone Not Sufficient For Appellate Court To Seek 20% Deposit, Must Consider Attending Circumstances: Delhi HC

The Delhi High Court has observed that a conviction under Section 138 of the Negotiable Instruments Act for dishonour of cheque cannot itself qualify as a reason for an Appellate Court to direct the accused to deposit 20% of fine or compensation under Section 148 NI Act. It stated that the Appellate Court has to consider various circumstances such as the nature of transaction,...

Misuse Of Firecrackers Can Cause Not Only Ocular Injuries But Also Other Bodily Harm: Delhi High Court Calls For Inclusive Prayers In PIL

The Delhi High Court on Wednesday heard a public interest litigation concerning the issue of ocular injuries caused due to usage of firecrackers, in absence of proper safeguards followed during manufacturing of the products.A division bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela observed that misuse of firecrackers can result not only in ocular...

Delhi High Court Issues Notice On PIL To Reduce Bird Strike With Aircrafts, Close Illegal Slaughterhouses Near IGI Airport

The Delhi High Court on Wednesday issued notice on a public interest litigation seeking to reduce bird aircraft strike hazard and to close illegal slaughterhouses around the Indira Gandhi International (IGI) Airport. A division bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela sought response of Union of India through Directorate General of Civil...

Transfer Pricing | 'Resale Price Method' Most Appropriate To Determine ALP Where Distributor Makes No Value Addition To Imported Products: Delhi HC

The Delhi High Court has made it clear that where the distributor of an imported product makes no value addition to it before sale, Resale Price Method is the most appropriate method to determine the arm's length price in relation to its business with an Associated Enterprise.A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela thus dismissed the...

Delhi High Court Declares 'Taj' As Well Known Trademark For Services In Hotel And Hospitality Industry

The Delhi High Court has declared “Taj” a well known trademark in respect of hotels and other related services in the hospitality industry. “The long duration for which the TAJ marks have been in use by the plaintiff, wide geographical area of their use, their knowledge among the general public and their goodwill and reputation due to the extensive promotion, publicity and extensive...

Delhi High Court Refuses Interim Bail To PFI Leader Shahid Nasir In UAPA Case, Asks Him To Move Special NIA Court

The Delhi High Court has refused to grant interim bail to Popular Front of India (PFI) leader Shahid Nasir in a case registered by NIA under UAPA. A division bench comprising Justice Prathiba M Singh and Justice Rajneesh Kumar Gupta observed that the application for interim bail ought to be first moved before the Special NIA Court.“This Court has not considered the merits of the matter....

Delhi High Court Slams Directorate General Of Foreign Trade For Cancelling Trader's DEPB License 15 Yrs After SCN Was Issued

The Delhi High Court recently quashed a Directorate General of Foreign Trade (DGFT) communication cancelling the license issued to a trader involved in import and export of goods, citing almost fifteen years delay in culminating the show cause notice.Justice Sachin Datta cited Vos Technologies India Pvt. Ltd. v. The Principal Additional Director General & Anr. (2024) where the Delhi...

Delhi High Court To Examine Scope Of Customs Jurisdiction Under E-Cigarettes Act After Seizure Of "De-Addiction" Devices

The Delhi High Court is set to examine the extent of jurisdiction which can be exercised by the Customs Department under the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019.A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta have sought the authority's response on a private...

Delhi HC Flags CBI's Contradictory Approach, Highlights Difference Between Notice To Witness U/S 160 CrPC And Notice To Accused U/S 41A CrPC

While granting anticipatory bail to an individual accused of cheating and cyber fraud, the Delhi High Court observed that if the arrest of a person accused of a cognisable offence punishable for less than seven years is not required, the investigating agency has to issue a notice under Section 41A CrPC before the proceedings with the arrest.Justice Vikas Mahajan observed “The law is clear...

Delhi High Court Refuses To Stay Trial Of BJP Leader Kapil Mishra In 2020 FIR For Alleged Communal Tweets

The Delhi High Court on Tuesday refused to stay trial court proceedings against BJP Minister Kapil Mishra in relation to an FIR filed against him in 2020 over his tweets that the AAP and Congress parties had created a “mini Pakistan” at Shaheen Bagh and that the then Assembly polls would be a contest between “India and Pakistan”.Justice Ravinder Dudeja refused to stay trial...

MP Has No Vested Right To Participate In Parliament, Engineer Rashid Can't Use His Position As Tool To Seek Bail: NIA To Delhi High Court

The National Investigation Agency (NIA) has opposed a plea filed by Jammu and Kashmir MP Engineer Rashid seeking interim bail or custody parole to attend the second part of the parliamentary session which will end on April 04. In its response, NIA has said: “...as the detention in the present case is valid, merely because someone i.e., a Member of Parliament has not been allowed to...

S.450 BNSS | Court Of Chief Judicial Magistrate Can't Transfer A Case Either Suo Moto Or On Any Application: Delhi High Court

The Delhi High Court has ruled that the Court of the Chief Judicial Magistrate cannot transfer a case from one Court or another either suo moto or upon an application being moved to that effect.“…under Section 410 Cr.PC. and Section 450 BNSS the power conferred upon the Chief Judicial Magistrate is only administrative in nature. The Court of Chief Judicial Magistrate cannot “transfer”...