Delhi High Court
Delhi High Court Mandates E-KYC For Domain Registrations To Curb Online Frauds
To curb online scams run through fake websites impersonating popular brands, the Delhi High Court has ordered mandatory e-KYC for domain name registrations and restricted automatic privacy masking of registrant details. It has also directed banks to strengthen payment verification safeguards to protect unsuspecting consumers from being duped.The directions were issued in a batch of commercial suits where several trademark owners complained that unknown persons were registering deceptive domain...
Delhi High Court Upholds Arbitral Referral Of Trademark & Passing Off Dispute Involving "Pind Balluchi" Restaurant
The Delhi High Court Bench of Justices Om Prakash Shukla and C. Hari Shankar have allowed the Section 8, Arbitration and Conciliation (“ACA”) application seeking referral for arbitration between M/s Triom Hospitality (“Triom”) and M/s J.S. Hospitality Services Pvt. Ltd. (“J.S.”) regarding the registered trademark of the famous “Pind Balluchi” restaurants. Facts The Appellant i.e. Triom filed the present petition under Section 37, ACA challenging the order dated 28.08.2024 passed by...
RERA Relief Does Not Bar Arbitration Protection: Delhi High Court Sets Aside Commercial Court's Order
The Delhi High Court has recently ruled that homebuyers and investors are not barred from seeking interim relief under Section 9 of the Arbitration and Conciliation Act of 1996, solely on the ground that they had already previously approached the Real Estate Regulatory Authority (RERA). A Division Bench of Justice Prathiba M. Singh and Justice Shail Jain on 24th December, 2025 noting that remedies under the RERA Act and the Arbitration Act are contemporaneous and not mutually exclusive,...
Delhi High Court Direct Tax: Annual Digest 2025
Co-Accused Can Apply Separately For Compounding Of Offences Committed By Company Or HUF Under Income Tax Act: Delhi High CourtCase title: Sumit Bharana v. UoICase no.: W.P.(C) 16701/2024The Delhi High Court has held that co-accused are entitled to apply separately for compounding of offences committed by a Company or a Hindu Undivided Family under the Income Tax Act, 1961.A division bench of Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela ruled that the co-accused need not await...
Customs | ELISA Kits For Food Testing Qualify As 'Diagnostic' For Exemption: Delhi High Court Grants Interim Relief To Importer
The Delhi High Court, in a matter involving claim of Customs Duty exemption on import of Enzyme linked Immuno Absorbent Assay (ELISA) Kits for antibiotic testing in food as 'diagnostic kits' will hear the plea by food safety importers in January 2026. Recently, a Division Bench comprising, Justice Prathiba M. Singh and Justice Shail Jain were hearing an appeal by the importer against denial of the exemption by Delhi, Customs, Excise and Service Tax Appellate Tribunal (CESTAT). The Delhi...
Non-Bailable Warrants Can't Be Issued Against Person Summoned As Witness Or Suspect During ED Probe: Delhi High Court
The Delhi High Court has held that non-bailable warrants (NBWs) can't be issued against a person who has only been summoned as a witness or suspect in a money-laundering investigation, unless such person is shown to be accused of non-bailable offence.Justice Amit Sharma thus quashed the NBWs issued by the Enforcement Directorate against UK-based businessman Sachin Dev Duggal in connection with money laundering allegations.ED had sought issuance of NBWs on the ground that Petitioner failed to...
120-Day Timeline In S.132B Income Tax Act For Deciding Assessee's Plea To Release Seized Assets Not Mandatory: Delhi High Court
The Delhi High Court has held that the 120-day period prescribed under the second proviso to Section 132B(1)(i) of the Income Tax Act, 1961 for deciding an assessee's request for release of seized assets is not mandatory, and a decision taken beyond the said period does not automatically become invalid.A division bench of Justices V. Kameswar Rao and Vinod Kumar was dealing with a petition challenging the Income Tax Department's refusal to release jewellery seized during search proceedings under...
Delhi High Court Upholds Injunction Against Use Of 'Medilice Lice Killer' For Anti-Lice Hair Oil
The Delhi High Court has recently upheld an injunction restraining Rapple Healthcare from using the mark “Medilice Lice Killer” for its anti-lice hair oil, holding that it infringed and amounted to passing off of the registered trademark “MEDILICE” owned by Wings Pharmaceuticals Private Limited. The court, however, reduced the damages awarded to Wings Pharmaceuticals from Rs 10 lakh to Rs 3 lakh. A division bench of Justice C Hari Shankar and Justice Om Prakash Shukla dismissed an appeal...
Software Receipts Can't Be Taxed On PE Assumption Already Rejected By ITAT: Delhi High Court
The Delhi High Court has held that software receipts cannot be subjected to tax deduction at source (TDS) on the assumption of a Permanent Establishment (PE) when such an assumption has already been rejected by ITAT, setting aside a withholding certificate issued under Section 197 of the Income Tax Act.A division bench of Justices V. Kameswar Rao and Vinod Kumar was dealing with a petition filed by Zscaler Inc, a US-based software company, challenging the Assessing Officer's order granting TDS...
Customs | Mere Location Of DRI Or Central Revenues Control Lab In Delhi Doesn't Confer Jurisdiction: Delhi High Court
The Delhi High Court has held that merely because DRI headquarters or Central Revenues Control Laboratory (CRCL) are located in Delhi does not confer jurisdiction upon it to deal with Customs disputes arising in Tamil Nadu.A division bench of Justices Prathiba M. Singh and Renu Bhatnagar made the observation while dealing with the case of Petitioners, situated in Chennai, but challenging seizure memos in Delhi on the ground that its goods were tested at CRCL, Delhi.The judges observed,“The...
Delhi Air Pollution An 'Emergency': High Court Asks Centre To Consider Temporary GST Relief On Air Purifiers
The Delhi High Court on Wednesday orally remarked that the authorities must provide exemption from GST on air purifiers, considering the air pollution situation in the national capital as an “emergency.”A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela was hearing a PIL to declare air-purifiers as “medical devices” and remove imposition of 18% GST on them.At the outset, the Court expressed displeasure on the fact that nothing has been done in the matter....
Statutory Appeal Cannot Be Rendered Illusory Due To DRAT Vacancies, Administrative Hurdles: Delhi High Court
The Delhi High Court on Tuesday observed that litigants cannot be denied an effective appellate remedy under debt recovery law when their statutory appeal remains unheard due to tribunal vacancies, recusals and administrative difficulties. On a plea by two auction purchasers, a division bench of Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar held that while courts normally refrain from exercising writ jurisdiction when a statutory appeal is available, such restraint cannot...