Delhi High Court Holds NITI Aayog Payments Cannot Alter Award Rules, Directs NHPC To Pay HCC ₹16.39 Cr.

The Delhi High Court on 28 July held that interim payments released under NITI Aayog's relief scheme for construction contractors during the pendency of challenges to arbitral awards cannot alter the legal method of adjusting payments once the award attains finality. Justice Subramonium Prasad directed National Hydro Electric Power Corporation Ltd. (NHPC) to pay Rs. 16.39 crore to Hindustan Construction Co. Ltd. (HCC) after adjusting the amounts already paid under the scheme, holding that such...

Delhi High Court Holds Future O&M Claims Beyond Scope, Partly Quashes Louis Berger-COWI JV Award

The Delhi High Court on Monday, 3 August, held that an arbitral tribunal cannot award operation and maintenance charges for services that had not fallen due on the date of the award. Justice Avneesh Jhingan partly allowed the National Highways Authority of India (NHAI)'s petition under Section 34 of the Arbitration and Conciliation Act, 1996, and partly set aside an award granting Rs. 5.16 crore and USD 60,769 with interest to The Louis Berger Group Inc.-COWI A/S joint venture. He held: ...

Red Bull, Williams Grand Prix Tax Cases: Delhi High Court To Examine AAR's Power To Decide Permanent Establishment Issue

The Delhi High Court has framed an additional question for consideration in a batch of income tax petitions involving Formula One racing teams, including Red Bull Racing Limited and Atlassian Williams.A division bench of Justices Dinesh Mehta and Rajneesh Kumar Gupta would examine "Whether the Authority for Advance Ruling, which is enjoined upon to decide questions of law, as provided under Section 245N of the Income Tax Act of 1961, can decide as to whether an entity is having a permanent...

Deposit Made To Stay Arbitral Award Is Security, Not Payment To Award-Holder: Delhi High Court

The Delhi High Court has held that depositing money in court as a condition for staying an arbitral award does not alter ownership of the amount.It ruled that such a deposit remains only a form of security and creates no unconditional right in favour of the decree holder.A single bench of Justice Avneesh Jhingan observed that the decree holder acquires no vested right over the money merely because it has been deposited in court."There is no vested right created in favour of the decree holder for...

Physics Wallah Founder Alakh Pandey Moves Delhi High Court Over Alleged Misuse Of Personality Rights

Physics Wallah founder Alakh Pandey on Tuesday moved the Delhi High Court seeking protection of his personality rights against the alleged unauthorised commercial exploitation of his identity. The court directed him to submit a defendant-wise tabulated chart classifying the alleged infringements before considering interim relief. Justice Anup Jairam Bhambhani asked Pandey to categorise the alleged violations into three classes: content commercialising or monetising his personality; content that...

Actor Tabu Moves Delhi High Court Over Alleged Personality Rights Violations

Actor Tabu has moved the Delhi High Court seeking removal of online content that she alleges disparages her and violates her personality rights. She has also sought action against the unauthorised use of her name and image across social media platforms, websites, and e-commerce portals. Justice Jyoti Singh heard submissions on Tuesday from social media intermediaries, domain registrars, and e-commerce platforms on their obligation to remove the disputed content. During the hearing, Meta...

Delhi High Court Orders Takedown of Videos Disparaging Patanjali, Including 'Cause Cancer' Claims

The Delhi High Court on Tuesday directed Google and Meta to take down 19 videos allegedly disparaging Patanjali and its products by claiming they "cause cancer", calling them "zeher".The court also restrained an identified uploader from publishing the impugned content further.The videos also described the company's conduct as "brutal" and "fraud". The court also restrained an identified uploader from publishing the impugned content further.Justice Jyoti Singh passed the directions while hearing...

After 20 Years, Delhi High Court Reserves Verdict In Railways' Plea Against Sales Tax Demands On IRFC Transactions

The Delhi High Court has recently reserved judgment in a batch of writ petitions filed by the Ministry of Railways challenging sales tax demands in relation to transactions involving the Indian Railway Finance Corporation (IRFC), nearly 20 years after the petitions were instituted in 2006.The division bench of Justices Anil Khetrapal and Shail Jain reserved judgment and asked the parties to file synopses, not exceeding five pages each, within three working days.The writ petitions were filed in...

Delhi High Court Dismisses 19-Year-Old Sales Tax Reference On Video Cassettes For Non-Prosecution

The Delhi High Court has dismissed a 19-year-old sales tax reference concerning the tax classification of video cassettes for non-prosecution.A division bench of Justices Anil Khetrapal and Shail Jain had earlier observed that with the advancement of technology, the issue may have become purely academic.On Friday, the court dismissed the reference after observing that no one had appeared on behalf of the Petitioner-Casette Shoppe for several hearings."A perusal of the record reflects that the...

Delhi High Court Restrains Use Of 'COBEX' Mark In GlaxoSmithKline's Trademark Suit Over 'COBADEX'

The Delhi High Court has temporarily restrained Orion Biotech Pvt. Ltd. and two other entities associated with the manufacture of a paediatric antibiotic sold under the mark 'COBEX' from using the mark. The order came in a trademark infringement suit filed by GlaxoSmithKline Pharmaceuticals Limited (GSK), which claims that 'COBEX' is deceptively similar to its registered trademark 'COBADEX', used for its multi-vitamin drug.Justice Anup Jairam Bhambhani observed that GSK had "made-out a prima...

Effect of Part Payments On Dishonoured Cheques Cannot Be Decided In Revision Against Summoning Order: Delhi High Court

The Delhi High Court has ruled that whether dishonoured cheques continued to represent a legally enforceable debt after the drawer made admitted part payments is a disputed question of fact that must be decided at trial. Justice Madhu Jain observed that the issue depends on the evidence led by the parties and cannot be conclusively determined while exercising revisional jurisdiction against a summoning order. "Whether, in view of the admitted part payments, the statutory requirement under...

Delhi High Court Restrains Patna Firm From Using 'Nintendo India Private Limited' Name

The Delhi High Court has temporarily restrained a Patna-registered real estate company from using the name 'Nintendo India Private Limited' in a trademark infringement suit filed by Japanese gaming company Nintendo Co. Ltd. Justice Jyoti Singh ruled that the company's adoption of the name was "with an objective of encashing on the goodwill and reputation of the Plaintiff." The court observed that the company appeared to be trying to create the impression that it was associated with Nintendo,...