Delhi High Court
Claims Raised After Commencement Of Insolvency Proceedings Stand Extinguished, Not Amenable To Arbitration: Delhi High Court
The Delhi High Court Bench of Justice Jyoti Singh has observed that claims which are not a part of the Resolution Plan on the date of approval, shall stand extinguished and no person will be entitled to arbitrate such claims. Put differently, post-insolvency commencement date claims which are not made a part of the Resolution Plan are not arbitrable. Facts The present petition was filed by the Petitioner under Section 34, Arbitration and Conciliation Act, 1996 (“ACA”) challenging...
Delhi High Court Protects Personality Rights Of Sri Sri Ravi Shankar, Injuncts Deepfake And Morphed Content
The Delhi High Court has recently passed a john doe order protecting the personality rights of “The Art of Living” foundation founder, Sri Sri Ravi Shankar. Justice Manmeet Pritam Singh Arora restrained john doe (unknown entities) from infringing Shankar's personality and publicity rights by using his name, voice, image, likeness, unique style of discourse and delivery or any other attribute exclusively identifiable with him, for any commercial or personal gain, without his consent.The...
Delhi High Court Protects Personality Rights Of Telugu Actor Nagarjuna; Restrains Unauthorised Use Of His Name, Image
The Delhi High Court has passed an interim order protecting the personality rights of Telugu actor Nagarjuna Akkineni by restraining various entities from misusing his image, name, voice or other elements of his persona for monetary gains without his consent or authorization.Justice Tejas Karia restrained various websites and John Doe (unknown entities) restrained from violating the actor's personality or moral rights by directly or indirectly using or exploiting or misappropriating his name,...
Delhi High Court Flags Glitch In GST Portal Generating Notice For Personal Hearing After Decision On Appeal
The Delhi High Court recently came across a peculiar case relating to Input Tax Credit refund claim, whereby a notice for personal hearing was issued to the trader, after the Appellate Authority rejected its plea.A division bench comprising Justices Prathiba M. Singh and Shail Jain flagged the glitch in the Department's portal, which generated a personal hearing notice after the passage of the final order.“At the time of the uploading of the order, a date is again fixed for personal hearing by a...
After Delhi High Court Nudge, Customs Dept Finalises Amendments To Baggage Rules, Seeks Time For Infrastructure Upgrade
The Customs Department recently informed the Delhi High Court that the Draft Baggage Rules (amending Baggage Rules, 2016) have been finalized and are ready to be issued.A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta were further informed that the Department is awaiting upgradation of IT infrastructure, for effective implementation of the new rules.“Issuance of amended Baggage Rule without proper regulation and IT Infrastructure will again give rise to litigation thus...
Penalty Can Be Imposed On Courier Agency For Not Reporting Suspicious Consignment To Customs: Delhi High Court
The Delhi High Court has held that the Commissioner of Customs can impose a penalty on a courier service which fails to report suspicious consignments being sent or received from abroad.A division bench comprising Justices Prathiba M. Singh and Shail Jain observed that courier agencies have a responsibility to ensure that whenever there are any suspicious courier packets being delivered or being transacted through them, due diligence ought to be exercised and if there is any suspicion, the same...
S.171 GST Act | Businesses Registration Can Be Cancelled Over Non-Reduction Of Prices After GST-Rate Cut: Delhi High Court
The Delhi High Court has held that an authority constituted under Section 171 of the Central Goods and Services Tax Act 2017 can order businesses to reduce their prices following reduction in GST rates applicable to their products.A division bench of Justices Prathiba M. Singh and Shail Jain further held that such authority can also impose penalty or cancel GST registration of those in default, in extreme cases.“In the event the 'authority' confirms there is a necessity to apply anti...
After GST Rate Cut, Non-Reduction Of Price Can't Be Justified By Secretly Increasing Product Quantity At Same MRP : Delhi High Court
The Delhi High Court has made it clear that when GST rates applicable on a given product are reduced by the GST Council, its benefit should trickle down to the end consumer by reduction in prices of such products.A division bench of Justices Prathiba M. Singh and Shail Jain observed that letting manufacturers increase the quantity of the product while charging the same MRP will defeat the purpose of rate-cuts.“The benefits extended to the consumer are also of utmost importance. The purpose of...
Delhi High Court Says ED's Approach Of Not Arresting Main Accused 'Arbitrary', Grants Bail To Others
The Delhi High Court has granted bail to three men in a money laundering case, while saying that the approach of the Enforcement Directorate (ED) in not arresting the main accused with graver role was “manifestly arbitrary.”“Having not arrested an accused who appears to have a graver role than the applicants and not even arraigned a person named to have facilitated in arranging the mule accounts, the approach adopted by the respondent department prima facie appears to be manifestly arbitrary and...
Confirmation Of Attachment Under PMLA Does Not Authorize Property Retention, Valid Order Must: Delhi High Court
The Delhi High Court has observed that the confirmation of attachment of property involved in money laundering under Section 8(3) of PMLA does not authorize retention of such a property, as the process requires a valid order to be passed under Section 20. A division bench comprising Justice Subramonium Prasad and Justice Harish Vaidyanathan Shankar said that the procedural safeguards contained in Section 20, which deals with retention of property, are substantive in character and cannot be...
Supreme Court Directions Extending Limitation Period During COVID Apply To Attachment Proceedings Under PMLA: Delhi High Court
The Delhi High Court has ruled that the suo motu directions of the Supreme Court extending limitation periods in light of COVID-19 pandemic also apply to adjudication process and confirmation of attachment of properties under Section 8 of the PMLA.A division bench comprising Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar said:“…it is evident that the orders of the Hon'ble Supreme Court in In re: Cognizance for Extension of Limitation (supra) were intended to extend limitation...
After Bollywood Stars, Delhi High Court To Pass Orders Protecting Personality Rights Of Telugu Actor Nagarjuna
After protecting personality rights of Bollywood actors that approached it, the Delhi High Court today said it will grant similar relief to Telugu actor Nagarjuna Akkineni."When you can identify the urls, the best is to direct them to take down….. Will pass orders," Justice Tejas Karia said orally.Advocate Pravin Anand appeared for the actor and said that he was aggrieved by three infringements- pornographic websites, sale of merchandise using the actor's personality trait's unauthorizedly...