‘Tax Sparing’ under Indian Tax Treaties: Delhi High Court Expounds the Law
By Tarun Jain†
Cite as: 2023 SCC OnLine Blog Exp 66
Delhi High Court
Mere use of word ‘arbitration’ or ‘arbitrator’ not enough to construe an agreement to be an arbitration agreement: Delhi High Court
“It is palpably clear that the language of the purported arbitration clause must evidence an unambiguous, explicit and unequivocal intention to refer the disputes to arbitration, leaving no room for doubt that parties chose arbitration as their only mode of resolution of disputes.”
Delhi High Court sets aside summon order issued to H&M in alleged violation of Legal Metrology Rules, 2011
An advisory dated 31-03-2017, issued by the Ministry of Consumer Affairs, Legal Metrology Division, states that loose garments which are sold would not constitute a ‘pre-packaged commodity’ in terms of the Legal Metrology Act, 2009.
Addressing Asymmetry in Arbitrator Appointments: A Multi-Party Context
by Shruti Sabharwal† and Ujval Mohan††
Cite as: 2023 SCC OnLine Blog Exp 65
Delhi High Court| TV 18 Broadcast Limited has no exclusive rights over the word “BHAIYAJI” in its popular show “BHAIYAJI KAHIN”
The term “BHAIYAJI” is a word of common use in certain states of India, including Uttar Pradesh and Bihar, and which literally translates into the word “brother” and is therefore, of a non-distinctive character.
[SpiceJet v. Kal Airways] Delhi High Court upholds Arbitral Award of Rs. 270 crores; rejects SpiceJet’s plea
“The Tribunal provided reasons for the findings delivered, and there was no perversity apparent on the face of the record or which goes to the root of the matter. Therefore, the impugned Award could not be said to be patently illegal.”
Delay of nine months in lodging of FIR by wife; Delhi High Court grants anticipatory bail to husband accused of rape, sexual harassment, cruelty
“During the said period of trial, there is no occasion for the applicant to keep him languishing behind the bars, as it would serve no purpose especially in view of the aforesaid and as it is a trite law that no person is presumed guilty until proven otherwise.”
‘Sword of Damocles’ has been hanging for the past 17 years; Delhi High Court discharges show cause notices in contempt case against Tis Hazari Lawyers
The present contempt proceedings are pending adjudication since 2006 and all the alleged Contemnors have expressed their deep remorse and have stated that they have the utmost respect for the institution of judiciary and that it was never their intention to cause any distress or to do anything that could be construed as undermining the majesty and dignity of the Court of Law.
Supreme Court converts conviction of Police Station Guard from S. 302 to S. 304-A IPC in a 28-year-old case
Supreme Court said that the prosecution has failed to prove that the accused had either any intention of causing the death of the deceased or the intention of causing such bodily injury to the deceased which was likely to cause his death.
Applying reduced commutation factor without considering corresponding basic pay is contrary to CCS (Commutation of Pension) Rules, 1981: Delhi High Court
“The Tribunal apparently failed to appreciate that the calculations made by the respondents overlooked proviso (b) to Rule 6 as well as Rule 8 of the Central Civil Services (Commutation of Pension) Rules, 1981 and commutation value expressed as number of years of purchase, prejudicial to the petitioner cannot be applied.”
No permanent injunction to Prestige after expiration of suit design; entitled to rendition of accounts against Gupta Light House: Delhi High Court
“The defendant’s pressure cookers are imitative of the suit designs of the plaintiff and the case of piracy under Section 22(1) of the Designs Act, 2000 exists, but due to the expiry, the suit design is now in the public domain and there can be no judgment or decree restraining use of the suit design by anyone.”
Delhi High Court requests Chief Justice to formulate Division Bench for deciding issues relating to plurality of inventions u/s 16 of Patents Act, 1970
“The application could not have been rejected solely on the ground that the plurality of inventions was not specifically contained in the claim, and only in the disclosure contained in the complete specifications.”
West Bengal Coal Scam| Supreme Court directs ED to withdraw Look Out Circular against MP Abhishek Banerjee and his wife
Abhishek Banerjee and his wife Rujira Banerjee were stopped at the airport on 05-06-2023 from travelling abroad because of the Look Out Circular
Prior approval of Directorate of Education is mandatory for passing termination order under S.8(2) of Delhi School Education Act, 1973: Delhi High Court reiterates
“During the pendency of the present petition, the petitioner had reached the age of superannuation. Therefore, the Court held that ends of justice would be met if petitioner was directed to be paid compensation in lieu of reinstatement and back wages.”
‘Balancing public safety and industrial needs’: Delhi High Court rejects total ban on acid sales, emphasizes stringent implementation of existing rules
“A total ban could have unintended consequences, affecting sectors where acid is responsibly and safely utilized. Therefore, striking a balance between public safety and the legitimate uses of acid for industrial and other regulated purposes is crucial.”
Delhi High Court directs Indian Railways to ensure periodic audit for safety and security measures at Stations
The measures undertaken by the Indian Railways clearly reflected that the safety and security of passengers was of paramount importance to the Railways.
‘Children are future of the country’: Delhi High Court stresses accountability in PM-POSHAN Scheme after allegations of rotten food items
“The seriousness of the allegations in the case at hand and its impact on children, who are the future of the country, cannot be overlooked. It is the duty of the petitioner to ensure that nutritious meal is provided to the children for their development.”
Delhi High Court | An eviction order is well within the power of District Magistrate under Delhi Maintenance and Welfare of Parents and Senior Citizens (Amendment) Rules, 2016
Rule 22 (2) & (3) of Delhi Maintenance and Welfare of Parents and Senior Citizens (Amendment) Rules, 2016 gives powers to the District Magistrate to pass an Order of eviction in case it is found that the senior citizens are being ill-treated and are not being maintained by their children.
[Group of Companies Doctrine] Can non-signatories to an arbitration agreement be impleaded as a ‘party’ by the Arbitral Tribunal? Delhi High Court clarifies
An Arbitral Tribunal cannot arrogate to itself powers that are neither conferred by the statute, or the rules which govern the arbitration, nor can it take recourse to inherent powers, which as has been found hereinabove, are acknowledged to inhere in courts and judicial authorities only.
Delhi High Court directs National Rare Diseases Committee to explore possibility of procuring medication for Spinal Muscular Atrophy at affordable price
“Effective deliberations between companies and National Rare Diseases Committee and also a positive response from the Companies will have substantial impact on lives of children who are suffering from rare diseases.”