Delhi High Court
Delhi HC Declines To Restrain Encalm Hospitality From Doing Business With Clients Of Dreamfolks Services, Says No Mandate Of Exclusivity
The Delhi High Court Bench of Justice Amit Bansal refused to enforce a negative covenant against Encalm Hospitality Private Limited holding that its agreement with Dreamfolks Services Limited did not mandate exclusivity between the latter and its clients and thus Encalm was not in violation of the Agreement. Facts The present petition was filed under Section 9 of the Arbitration Act (ACA) whereby the Petitioner sought to enforce a negative covenant contained in the parties'...
Does CESTAT Have Jurisdiction To Hear Challenge To Central Govt Notifications Imposing Anti-Dumping Duty? Delhi High Court To Examine
The Delhi High Court is set to examine whether the Customs, Excise & Service Tax Appellate Tribunal (CESTAT) has jurisdiction to hear challenges to notifications issued by the Central Government, imposing Anti-Dumping Duty.Anti-dumping investigation determines whether a product is being dumped in the country at a lower price, causing material injury to the domestic industry. If found true, the Directorate General of Trade Remedies (DGTR), which is a Central body, may impose anti-dumping...
Delhi High Court Sets Aside Interim Injunction Against AR Rahman In Copyright Infringement Suit Over 'Veera Raja Veera' Song
The Delhi High Court on Wednesday set aside an interim injunction order granted in favour of veteran Indian classical singer Ustad Faiyaz Wasifuddin Dagar in his suit alleging copyright infringement of his “Shiva Stuti” composition by music composer A.R. Rahman and other producers in Tamil film Ponniyan Selvan 2 song "Veera Raja Veera.”A division bench comprising Justice C Hari Shankar and Justice Om Prakash Shukla allowed the appeal filed by Rahman against the single judge order.The Court said...
Defrauded Money Not Taxable Income Of Company Or Director, Would Constitute Proceeds Of Crime Under PMLA: Delhi High Court
The Delhi High Court has observed that defrauded money is not a taxable income of a company or its director but would constitute proceeds of crime under the Prevention of Money Laundering Act, 2002. Justice Neena Bansal Krishna said that to treat such amounts as taxable income recoverable by the Income Tax Department, prior to the conclusion of the PMLA trial or adjudication, would be erroneous. The Court dismissed a plea filed by the Asst. Commissioner of Income Tax challenging a trial court...
Dispute Between Passenger & Airline Over Refund Of Flight Ticket Not 'Commercial Dispute': Delhi High Court
The Delhi High Court has held that an agreement containing a provision for providing mere services on payment of certain charges cannot, in every case, be termed to be an agreement, dispute in respect of which can be said to be a commercial dispute.“To constitute a dispute to be a commercial dispute arising out of an agreement which contains a provision of services, the agreement or transaction is to necessarily contain an element of commerce or trade or business,” a division bench of Chief...
Foreign Arbitral Awards To Be Enforced Under Indian Law, Interpretation Of 'Public Policy' U/S 48(2)(b) A&C Act Is Limited: Delhi HC
The Delhi High Court observed that to enforce a New York Convention Award, an application u/s 47 of the A&C Act, 1996 has to be filed. Thereafter, the onus shifts on the party opposing the enforcement to make out a ground enlisted in Section 48 of the A&C Act. The bench observed "The settled legal position with respect to foreign awards is that, except strictly in terms of grounds of challenge as set out in Section 48 of the A&C Act, 1996, foreign arbitral awards are to be...
One Rolex Watch Can Be For Personal Use, Not 'Commercial Quantity': Delhi High Court To Customs
The Delhi High Court has made it clear that one Rolex watch seized by the Customs Department from an air passenger cannot be called 'commercial quantity'.It thus cautioned the Department's Adjudicating Authority against “error” on its part, in declaring the same as commercial.“Clearly, this Court is of the view that one Rolex watch cannot be held to be a commercial quantity and there is no reason as to why the same cannot be kept for personal use,” a division bench of Justices Prathiba M. Singh...
CCTV Footage Of Assessee's Family Cannot Be Used By GST Dept, Violates Right To Privacy: Delhi High Court
The Delhi High Court has issued directions safeguarding the right to privacy in GST search proceedings, stating that any family-related CCTV footage which violates the privacy of family members cannot be used or disseminated in any manner. “Some of the concerns which are raised by the Petitioners such as right to privacy of the family being violated, etc., deserve to be addressed. Clearly, any family-related CCTV footage which is with the GST department and violates the privacy of ...
Commercial Unit Buyers Not Barred From Seeking Arbitration Relief After Availing Remedies Under RERA: Delhi High Court
The Delhi High Court bench of Justice Pratibha M. Singh and Justice Shail Jain has held that Buyers of commercial units are not prohibited from seeking arbitration relief subsequent to availing remedies under RERA, provided that the arbitration petitions were filed after a change in circumstances. Background The Appellants had entered into a Memorandum of Understanding (MoU) with Neo Developers for booking commercial units in New Square Mall, Gurugram. Disputes arose between the...
Delhi High Court Protects Personality Rights Of Filmmaker Karan Johar; Orders Take Down Of 'Disparaging' Posts, Memes
The Delhi High Court has passed an interim order protecting the personality rights of Bollywood filmmaker and producer Karan Johar. Justice Manmeet Pritam Singh Arora has ordered take down of “disparaging material” against Johar, including videos, memes and social media posts. “On a prima facie assessment, it is evident that the videos, memes and social media posts available on the platforms of Defendant Nos. 7, 14 and 15 contains abusive and profane words as well as innuendoes, which appear to...
Information On SEBI's Internal Probe Into Alleged Insider Trading Exempted From Disclosure Under RTI Act: Delhi High Court
The Delhi High Court has held that information pertaining to internal investigation being conducted by the Securities and Exchange Board of India (SEBI) is exempt from disclosure under the Right to Information Act, 2005.A division bench of Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela thus upheld a single bench order declining to interfere with Chief Public Information Officer's order denying information to the Appellant on her complaint.The Appellant had filed a complaint with SEBI...
Unadjudicated Claims Cannot Be Secured Through Interim Relief U/S 9 Of A&C Act Merely Due To Financial Distress: Delhi HC
The Delhi High Court Bench of Justice Jasmeet Singh has observed that mere financial distress of the other party would not be a ground to allow interim relief and grant its unadjudicated claim under Section 11 of the Arbitration Act (ACA)."However, the calculation of any permissible rebate and the resolution of quality-based objections require factual findings and interpretation of the terms of the Agreement, which is an exercise to be carried out in the arbitration. Hence, the amounts claimed...