Delhi High Court
Delhi High Court Says Failed Conciliation Talks Cannot Be Used To Decide Arbitration Claims
The Delhi High Court has ruled that material recorded during unsuccessful conciliation cannot later be relied upon to decide the same dispute in arbitration. Justice Avneesh Jhingan observed that the confidentiality of such proceedings must continue even after a settlement attempt fails.“The proceedings during conciliation cannot be considered and relied upon in case the arbitration of dispute is necessitated. The proceedings during conciliation are different but when an issue is contested equal...
BECO's Ad Campaign Against HUL's Vim, Surf Excel Fails Permissible Comparative Advertising Test: Delhi High Court
The Delhi High Court on Thursday held that BECO's “War on What's Hidden” campaign against Hindustan Unilever's Vim and Surf Excel products prima facie fails the test of permissible comparative advertising.Justice A. J. Bhambhani granted HUL interim relief against the campaign.The advertisements included claims that Linear Alkylbenzene Sulfonate (LAS) and Benzisothiazolinone (BIT) “can cause skin irritation & allergic reactions”, along with directions to “SWITCH TO BECO”.Kwick Living has been...
Delhi High Court Makes Biometric Aadhaar Authentication Mandatory For GST Registrations Nationwide
The Delhi High Court has directed authorities across the country not to allow any GST registration without biometric-based Aadhaar authentication, taking note of the continuing misuse of PAN and Aadhaar details of innocent persons for obtaining fraudulent GST registrations.The division bench of Justices Anil Kshetarpal and Shail Jain passed the direction on September 8 after taking note of data placed before it showing thousands of fraudulent GST registrations and tax evasion running into...
Delhi High Court Injuncts Beco Ad Claiming Surf Excel, Vim Cause Skin Irritation, Allergies
The Delhi High Court has granted an interim injunction restraining Kwick Living (I) Private Limited, which operates the cleaning brand Beco, from continuing its advertisement campaign alleging that Hindustan Unilever Limited's Surf Excel and Vim cause skin irritation and allergies.Justice Anup Jairam Bhambhani orally remarked, "I am injuncting your ad campaign."The order comes after nearly a month of hearings in the disparagement suit filed by HUL against Beco on comparative advertisements.HUL...
'Kala Hiran' Not In Releasable State, Yet to Be Certified: Delhi High Court Records In Salman Khan's Suit
The producer of the proposed film “Kala Hiran: The Battle for Legacy”, stated to be inspired by actor Salman Khan's 1998 blackbuck poaching case, told the Delhi High Court on Thursday (September 10) that the film is not presently in a “releasable state," as its contents are yet to be certified by the Censor Board.The statement came during a suit filed by Khan, whose counsel told the court that it was his consistent case that the film was about him and that its release would cause him “immense...
Delhi High Court Refuses To Quash Criminal Case Against Supertech Directors Over Hill Town Project
The Delhi High Court has refused to quash criminal proceedings against directors of real estate company Supertech Limited over allegations of cheating, criminal breach of trust and criminal conspiracy linked to its Hill Town project in Sohna, Haryana.Justice Madhu Jain was dealing with three connected petitions arising from an FIR registered by the Economic Offences Wing over alleged non-delivery of flats, discontinuation of pre-EMI payments and alleged diversion and utilisation of funds...
“Copyright Strikes Have Taken Front Seat Over Personality Rights Cases”: Delhi High Court On Comedian Pulkit Mani's Plea
The Delhi High Court on Wednesday orally remarked that copyright strike disputes are increasingly taking precedence over personality-rights cases. Justice Jyoti Singh remarked, “Personality rights have taken a back seat, copyright strikes have taken a front seat, every day one matter.” The observation came while hearing a suit filed by stand-up comedian Pulkit Mani. He has challenged copyright strikes against his content on his Instagram page @hunnywhoisfunny and alleged an attempt to extract...
Delhi High Court Waives ₹4.5 Lakh Penalty After Finding Service Tax Default Was Bona Fide, Not Deliberate
The Delhi High Court has set aside a ₹4.5 lakh penalty imposed on a consultancy firm for non-payment of service tax, holding that the default arose from a bona fide and reasonable belief regarding the taxability of its services and was not a deliberate attempt to evade tax.The Division Bench of Justices Anil Kshetarpal and Manmeet Pritam Singh Arora set aside the penalty imposed on Appellant under Section 78 of the Finance Act, 1994, and observed,“the non-payment of service tax by the Appellant...
'Classic Case Of Change Of Opinion': Delhi High Court Rejects Reassessment Of NTPC's ₹17.59 Crore Income
The Delhi High Court has rejected the Income Tax Department's appeal challenging the annulment of reassessment proceedings against NTPC Limited, holding that the subsequent Assessing Officer (AO) had initiated the proceedings merely because he disagreed with the view taken by his predecessor.The Division Bench of Justices Dinesh Mehta and Rajneesh Kumar Gupta observed that the reassessment was a "classic case of change of opinion", particularly since the issues forming the basis of reassessment...
Delhi High Court Declines Unconditional Release Of Gold, Cites Dispute Over Oral Show-Cause Notice
The Delhi High Court has refused to direct the unconditional release of 290 grams of gold seized from a passenger at Delhi airport, holding that the absence of a written show-cause notice by itself could not warrant release when the Customs Department specifically claimed that an oral show-cause notice had been issued on the date of seizure.The Division Bench of Justices Anil Kshetarpal and Shail Jain was dealing with a petition filed by Awesh Karmi Fundreimayum seeking release of eight gold...
Customs Adjudication Limitation Clock Restarts After Interim Stay Ends: Delhi High Court
The Delhi High Court has held that where a pending court proceeding and an interim order prevent customs authorities from proceeding with adjudication, the limitation period prescribed under Section 28(9) of the Customs Act, 1962, is to be reckoned from the date on which the circumstance contemplated under Section 28(9A) ceases to exist.The Division Bench of Justices Anil Kshetarpal and Shail Jain made the observation while dismissing a petition challenging a customs adjudication order that...