Delhi High Court

33,441 judgments

Year:

The Commissioner of Income Tax - International Taxation -2 v. Microsoft Corporation

19 May 2022 · Manmohan; Manmeet Pritam Singh Arora · 2022:DHC:1963-DB

The Delhi High Court dismissed the Revenue’s appeals holding that payments for software licensing under EULAs do not constitute taxable royalty income in India, following binding Supreme Court precedent.

tax appeal_dismissed Significant Income Tax Act, 1961 Section 9(1)(vi) royalty software licensing

M/S SUBROS EDUCATIONAL SOCIETY v. UNION OF INDIA

19 May 2022 · Prathiba M. Singh · 2022:DHC:1945

The Delhi High Court allowed the appeal against refusal of the trademark 'SBS World School', directing the Registrar to reconsider the application in light of the appellant's existing similar registrations.

intellectual_property appeal_allowed Significant Trademark registration Section 11(1)(a) Trademarks Act Section 11(1)(b) Trademarks Act Similarity of marks

SEMCO Infratech Pvt Ltd v. Simla Chemicals Pvt. Ltd.

19 May 2022 · Prathiba M. Singh · 2022:DHC:2019

The Delhi High Court allowed amendment of the trademark suit, consolidated multiple proceedings, and recorded a settlement delineating the use of SIMCO and SEMCO marks across specified classes, thereby resolving the dispute amicably.

intellectual_property settled Significant Trademark infringement Passing off Interim injunction Amendment of pleadings

The Commissioner of Income Tax - International Taxation v. MOL Corporation

19 May 2022 · Manmohan; Manmeet Pritam Singh Arora · 2022:DHC:1962-DB

The Delhi High Court dismissed the Revenue's appeal challenging the ITAT's remand order, affirming that software sales constitute sale of copyrighted articles under the Indo-US DTAA and are not taxable as royalty.

tax appeal_dismissed Significant software sale copyrighted article royalty Indo-US DTAA

Mukish v. State

19 May 2022 · Mukta Gupta; Mini Pushkarna · 2022:DHC:2299-DB

The Delhi High Court upheld the conviction and life sentence of the appellant for aggravated penetrative sexual assault on a minor under the POCSO Act, relying on scientific evidence and presumption provisions despite hostile witnesses and non-examination of the victim.

criminal appeal_dismissed Significant POCSO Act Section 6 POCSO Aggravated penetrative sexual assault DNA evidence

Narendra Kumar Saxena & Anr. v. Surendra Kumar Saxena & Anr.

19 May 2022 · V. Kameswar Rao · 2022:DHC:3349

The Delhi High Court dismissed the petition for appointment of an arbitrator due to lack of territorial jurisdiction over a dispute concerning immovable property situated in Rajasthan, holding that arbitration agreements are separable from underlying contracts and stamping issues do not bar arbitration.

civil appeal_dismissed Significant arbitration clause territorial jurisdiction immovable property partnership deed

Munesh Kumari v. South Delhi Municipal Corporation & Anr.

18 May 2022 · Manoj Kumar Ohri · 2022:DHC:1927

The Delhi High Court dismissed writ petitions challenging SDMC encroachment removal notices and ATMCD order, holding that the petitioners must seek remedy before the District Judge as per Supreme Court precedent.

administrative petition_dismissed writ petition Article 226 Article 227 South Delhi Municipal Corporation

Usha Mann v. Rajiv Vaid & Ors.

18 May 2022 · C. Hari Shankar · 2022:DHC:1992

The Delhi High Court held that a party, including a lawyer, cannot be prohibited from self-representation in civil proceedings and quashed an order directing the petitioner to engage counsel or be barred from conducting her own case.

civil petition_allowed Significant self-representation right to conduct own case Code of Civil Procedure, 1908 court authority

Ojha v. Controller General of Patents Designs and Trademarks

18 May 2022 · Prathiba M. Singh · 2022:DHC:1954

The Delhi High Court clarified procedures for handling trademark oppositions filed beyond limitation during the pandemic, attributed communication lapses to the CGPDTM office, upheld costs on officers, and directed expeditious recruitment to address pendency.

administrative other Significant Trademark opposition Limitation period Extension of limitation Trade Marks Act, 1999

Mankind Pharma Limited v. The Registrar of Trade Marks

18 May 2022 · Prathiba M. Singh · 2022:DHC:1952

The Delhi High Court allowed the appeal permitting registration of the mark “DON’T WORRY” in Class-3 on a proposed-to-use basis, recognizing prior registrations and use in other classes and imposing conditions to protect common words.

intellectual_property appeal_allowed Significant Trade Marks Act, 1999 Section 9 Section 11 proposed-to-use basis

Hardev Singh v. Income Tax Officer Ward 62(1), Delhi

18 May 2022 · Manmohan; Manmeet Pritam Singh Arora · 2022:DHC:1950-DB

The Delhi High Court quashed the reopening order under Section 148A(d) of the Income Tax Act for non-compliance with mandatory procedural requirements and remanded the matter for reconsideration after due hearing.

tax appeal_allowed Significant Section 148A Income Tax Act principles of natural justice reopening assessment reply to show cause notice

ATEN CAPITAL PRIVATE LIMITED v. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1(1), DELHI & ANR.

18 May 2022 · Manmohan; Manmeet Pritam Singh Arora · 2022:DHC:1948-DB

The Delhi High Court quashed the reassessment order under Section 148A(d) for failure to consider the assessee’s timely reply, emphasizing mandatory compliance with statutory procedure and natural justice.

tax appeal_allowed Significant Section 148A Income Tax Act reassessment proceedings natural justice assessee’s reply

Munesh Kumari v. South Delhi Municipal Corporation & Anr.

18 May 2022 · Manoj Kumar Ohri · 2022:DHC:1929

The Delhi High Court dismissed writ petitions challenging SDMC notices for encroachment removal, holding that statutory remedies before the District Judge must be exhausted and prior civil suit statements consenting to removal are binding.

administrative appeal_dismissed writ petition Article 226 Article 227 encroachment removal

Suresh Kumar Garg v. Commissioner of Central Excise, Delhi-1

18 May 2022 · Rajiv Shakdher; Tara Vitasta Ganju · 2022:DHC:2025-DB

The Delhi High Court set aside the Tribunal's order for failure to independently examine contentions and record reasons, remanding the matter for fresh adjudication with a clear mandate on the necessity of reasoned orders by quasi-judicial authorities.

administrative appeal_allowed Significant quasi-judicial authority reasoned order independent application of mind Central Excise Act

Mr. Karan Singh, Advocate v. SOUTH DELHI MUNICIPAL CORPORATION & ANR. .....

18 May 2022 · Manoj Kumar Ohri · 2022:DHC:1925

The Delhi High Court dismissed writ petitions challenging SDMC notices for encroachment removal, holding that statutory remedies before the District Judge must be exhausted and prior admissions estop the petitioners.

administrative appeal_dismissed writ petition Article 226 Article 227 South Delhi Municipal Corporation

Shailendra Paul v. Mukesh Aggarwal

18 May 2022 · Vibhu BakhrU · 2022:DHC:1896

Delhi High Court set aside arbitral award rejecting petitioner’s claims on fabricated agreement and limitation grounds, remanding for fresh consideration.

civil appeal_allowed Significant Arbitration and Conciliation Act, 1996 Section 34 Agreement to Sell Collaboration Agreement

M/S Sri Shyam Incorporation v. M/S Shree Balaji Industries

18 May 2022 · C. Hari Shankar · 2022:DHC:1990

The Delhi High Court dismissed petitions challenging a trial court order due to improper language attributing obstinacy to the court, emphasizing the necessity of dignified pleadings and allowing refiling with proper language.

civil petition_dismissed temperance in pleadings dignity of courts judicial language petition dismissal

Mr. Karan Singh, Advocate v. SOUTH DELHI MUNICIPAL CORPORATION & ANR. .....

18 May 2022 · Manoj Kumar Ohri · 2022:DHC:1928

The Delhi High Court dismissed writ petitions challenging municipal encroachment removal notices and appellate orders, directing petitioners to seek remedy before the District Judge as per Supreme Court precedent.

administrative petition_dismissed writ petition Article 226 municipal corporation encroachment removal

Satyender Srivastav v. State of NCT of Delhi

18 May 2022 · Talwant Singh · 2022:DHC:2004

Bail was denied to the petitioner accused of repeatedly raping a minor and kidnapping, as the case was at a preliminary stage with risk of witness tampering and no parity with co-accused granted bail.

criminal appeal_dismissed bail kidnapping sexual exploitation minor victim

Radico Khaitan Ltd v. The Registrar of Trade Marks

18 May 2022 · Prathiba M. Singh · 2022:DHC:1981

Delhi High Court allowed the appeal and directed advertisement of the trademark “EFKAY’S XXX RUM” after recognizing valid assignment of earlier marks to the appellant, while restricting exclusive rights over generic terms.

intellectual_property appeal_allowed Significant Trade Marks Act, 1999 Section 11 Relative grounds of refusal Trademark assignment