Delhi High Court
Delhi High Court Transfers Winding-Up Petitions Against Vigneshwara Developwell Pvt Ltd To NCLT
The Delhi High Court has transferred winding-up petitions filed against Vigneshwara Developwell Pvt Ltd to the NCLT. The petition was filed under Sections 433(e), 434, and 439 of the Companies Act, 1956, seeking winding up of the respondent company due to its inability to pay the debt of the petitioner. During the pendency of the petition, an application was filed for the transfer of the matter to NCLT, New Delhi and the court was pleased to transfer the matter. The Companies...
Delhi High Court To Pass Interim Order On Filmmaker Karan Johar's Plea For Protection Of Personality Rights
The Delhi High Court on Wednesday (September 17) orally indicated that it shall pass an interim injunction order in favour of Bollywood filmmaker and producer Karan Johar in his plea seeking protection of his personality rights against certain alleged infringing content. Justice Manmeet Pritam Singh Arora said that Defendants 14, 15 and 16 which includes social media intermediaries Google, Meta and X will provide Basic Subscriber Information details along with IT log details. The...
Filmmaker Karan Johar Moves Delhi High Court Seeking Protection Of His 'Personality Rights', Order On Wednesday
After actress Aishwarya Rai Bachchan and actor Abhishek Bachchan, Filmmaker and producer Karan Johar moved the Delhi High Court on Monday (September 15) seeking protection of his personality rights. Johar moved a lawsuit before the high court claiming that various entities have been using his name, image etc without his consent for monetary gains.After hearing the matter for some time, Justice Manmeet Pritam Singh Arora listed the matter on Wednesday (September 17) for passing...
Usage Of Disputed Trademark Even After Filing Of Challenge Would Cause Serious Confusion To Public: Delhi High Court
The Delhi High Court division bench of Justice Prathiba M. Singh and Justice Shail Jain, while hearing a Section 37(1)(b) appeal under the Arbitration Act, observed that using the subject brand names after a dispute between the parties can cause enormous confusion to the public. People may associate the Respondent's outlets with the Appellants. Factual Matrix: The parties entered into two franchise agreements to open two outlets. A dispute arose between the parties concerning the...
Surprise Searches Can Be Conducted On Family's Lockers U/S 132 Of Income Tax Act Over Suspicion Of Undisclosed Assets: Delhi High Court
The Delhi High Court has upheld the surprise search and seizure conducted by the Income Tax Department at the private lockers maintained by a family at South Delhi Vaults, without issuance of prior notice or summons to them.The family claimed that failure to notify them was a flagrant violation of Section 132 of the Income Tax Act, 1961 which relates to 'Search and seizure'.Section 132(1)(c) stipulates that when the Department has 'reason to believe' that any person is in possession of...
Delhi High Court Directs Customs Department To Set Up Passenger Grievance Counters At Delhi Airport
The Delhi High Court has asked the Commissioner of Customs at the IGI Airport to create some counters of the Department outside the airport's security zone, for easy access of aggrieved passengers.The direction was made by a division bench of Justices Prathiba M. Singh and Shail Jain after the Petitioner, a resident of Kuwait whose gold cut piece was seized by the Department, complained that since the counters of the Customs Department are in the secured area, it is not easy to access them for...
Allowing Retention Of Seized Property Without Strictly Following PMLA Undermines Purpose Of Procedural Safeguards: Delhi High Court
The Delhi High Court on Friday ruled that allowing retention of seized property without strict adherence to PMLA provisions would amount to a violation of the legislative mandate of the enactment and would undermine the very purpose of incorporating procedural safeguards therein.A division bench comprising Justice Subramonium Prasad and Justice Harish Vaidyanathan Shankar said that the processes of search, seizure, freezing, attachment, and retention under PMLA are embedded with procedural...
Incorrectly Declaring Indian Goods As 'Made In China' Contrary To Public Interest: Delhi High Court Denies Relief In Customs Case
The Delhi High Court has held that misleading consumers about locally manufactured goods by labelling them as 'Made in China' or in some other foreign country is contrary to public interest.The bench was dealing with a Customs case whereby Petitioner's goods (mobile tempered glass) bearing 'Made in China' mark were seized by the Department in a raid.The Department had allowed provisional release of the goods subject to submission of assessable value i.e., Rs. 56,03,995/- bonds and bank guarantee...
Arbitration Clause In Loan Agreement Becomes Incorporated In Deeds Of Guarantee When Both Form Part Of Single Transaction: Delhi HC
The Delhi High Court Bench of Justice Jasmeet Singh has observed that contemporaneously executed Loan Agreement and Deeds of Guarantee, where the intent of the parties to incorporate the Loan Agreement into the Deeds of Guarantee is clear, the Guarantor although a non-signatory to the Loan Agreement, becomes bound by the arbitration clause in the Loan Agreement. Facts The present appeal under Section 37(2)(a), ACA was filed by the Appellant against the order dated 20.04.2024...
Delhi High Court Protects Personality Rights Of Aishwarya Rai Bachchan, Says Unauthorised Exploitation Violates Right To Privacy
The Delhi High Court has protected the personality rights of bollywood actress Aishwarya Rai Bachchan, observing that unauthorized exploitation of personal attributes of an individual violates right to privacy and undermines the right to live with dignity.Justice Tejas Karia restrained various entities from misusing the personal attributes of the actress like her name and images by employing technological tools, including Artificial Intelligence.The Court said that the misuse is not only causing...
Employees' Contributions Must Be Paid By Due Date Under ESI/EPF Act, Not Income Tax Act: Delhi High Court
The Delhi High Court has held that an employer can claim deduction of employees' contributions towards Provident Fund or Employer's State Insurance Fund, held by it in trust, only if it deposits these amounts on or before the statutory due date prescribed under the relevant labour law.Section 36(1)(va) of the Income Tax Act, 196 pertains to employees' contribution. It stipulates that deductions towards any sum received by the assessee from any of his employees shall be allowed, if such sum is...
Absence Of Word 'Seat' Does Not Oust Court's Jurisdiction Conferred By Arbitration Agreement: Delhi High Court
The Delhi High Court bench of Justice Jasmeet Singh has held that absence of the word 'seat' does not strip the court of its exclusive jurisdiction to decide disputes arising out of an arbitration agreement. This is a petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (“1996 Act”) seeking appointment of an Arbitrator for adjudication of disputes between the parties arising out of the Work Order/ Acceptance Letter dated 21.10.2021. The petitioner ...