Delhi High Court

92,849 judgments

Year:

Director of Income Tax (International Tax) v. Copal Research Limited

14 Aug 2014 · S. Ravindra Bhat; Vibhu Bakhru · 2014:DHC:3909-DB

The Delhi High Court upheld the AAR ruling that capital gains from sale of shares by Mauritian companies are not taxable in India unless the shares derive substantially over 50% of their value from Indian assets, dismissing Revenue's tax avoidance claims.

tax appeal_dismissed Significant capital gains tax double taxation avoidance agreement India-Mauritius DTAA Section 9(1)(i) Income Tax Act

N Gopalaswami v. Union of India

13 Aug 2014 · Badar Durrez Ahmed; Vibhu Bakhru · 2014:DHC:3862-DB

The Delhi High Court dismissed petitions challenging the appointment of the CAG, holding that the appointment under Article 148 is a constitutional executive function not subject to judicial review on suitability or transparency grounds.

constitutional petition_dismissed Significant Comptroller and Auditor-General Article 148 appointment institutional integrity

Brij Bhushan v. Sri Chand Verma & Ors.

13 Aug 2014 · Valmiki J. Mehta · 2014:DHC:3877

The High Court dismissed the revision petition upholding the trial court's dismissal of the suit for non-prosecution due to the plaintiff's deliberate delays and non-payment of costs.

civil appeal_dismissed non-prosecution dismissal of suit Section 115 CPC Order 22 Rule 4 CPC

Vishal Singh and Anr v. Union of India and Ors

13 Aug 2014 · Vibhu Bakhru · 2014:DHC:3867

The Delhi High Court held that before superseding a cooperative society's Board under Section 123 of the MSCS Act, 2002, the Board must be given a mandatory opportunity to be heard, and failure to do so renders the order invalid.

administrative appeal_allowed Significant Multi State Cooperative Societies Act, 2002 Section 122 Section 123 natural justice

Bhaiya Lal & Anr. v. The Administrative Civil Judge & Anr.

13 Aug 2014 · Reva Khetrapal; S. P. Garg · 2014:DHC:3884-DB

The Delhi High Court dismissed an appeal challenging the rejection of compassionate appointment on the ground that the appellants were not recorded as dependants or family members of the deceased employee in service records.

administrative appeal_dismissed compassionate appointment dependant family member service records

Anil Kumar v. M/S Sahara Steel

13 Aug 2014 · Suresh Kait, J. · 2014:DHC:3868

The Delhi High Court upheld the Labour Court’s finding that the petitioner voluntarily resigned and accepted full and final settlement, dismissing his claim of illegal termination due to failure to prove forgery of signatures.

labor petition_dismissed Significant full and final settlement resignation forgery burden of proof

NTPC Limited v. M/S V U Seemon and Anr.

13 Aug 2014 · S. Ravindra Bhat; Sudershan Kumar Misra · 2014:DHC:3866-DB

The Delhi High Court upheld the arbitration award in favor of the contractor, holding NTPC liable for delay and wrongful termination, and affirmed the arbitrator's contract interpretation and award of damages and interest.

civil appeal_dismissed Significant Arbitration Act 1940 Contract interpretation Delay in contract performance Wrongful termination

M/S MANKIND PHARMA LTD v. M/S MANKIND FOOD & BEVERAGE PVT LTD & ANR

13 Aug 2014 · G.S. Sistani · 2014:DHC:3891

The Delhi High Court granted permanent injunction and damages to Mankind Pharma Ltd for trademark infringement against Mankind Food & Beverage Pvt Ltd for unauthorized use of the mark "MANKIND" causing public confusion.

civil appeal_dismissed Significant Trademark infringement Permanent injunction Trade Marks Act, 1999 Secondary meaning

Satish Chopra v. HDFC & Anr.

13 Aug 2014 · G. P. Mittal · 2014:DHC:3883

The Delhi High Court granted an interim injunction freezing a disputed company bank account operated without valid authorization, recognizing the plaintiff's prima facie case and balance of convenience.

civil appeal_allowed Significant interim injunction bank account freezing company board resolution fraudulent account operation

Globus Infocom Ltd. v. Commissioner of Income Tax Delhi-IV

13 Aug 2014 · Sanjiv Khanna; V. Kameswar Rao · 2014:DHC:3882-DB
Cites 2 · Cited by 0

The Delhi High Court held that the Commissioner cannot revise an assessment order under Section 263 without a clear finding of error prejudicial to revenue and remanded the matter for fresh consideration on merits.

tax appeal_allowed Significant Section 263 Income Tax Act Section 36(1)(ii) Income Tax Act commission payments disallowance apportionment of expenses

Dalmia Cement (Bharat) Ltd. v. The Commissioner of Income Tax

13 Aug 2014 · Sanjiv Khanna; V. Kameswar Rao · 2014:DHC:3881-DB

The Delhi High Court dismissed the appeal of Dalmia Cement, upholding income additions due to failure to prove genuine import and utilization of assigned import licence for assessment year 1982-83.

tax appeal_dismissed Income Tax Act, 1961 import licence assignment of licence addition to income

Rohit Gupta & Anr v. State & Anr

13 Aug 2014 · Sudershan Kumar Misra · 2014:DHC:3876

The Delhi High Court quashed a criminal FIR under Sections 406, 420, 468, 471, and 120B IPC on the ground of compromise between parties, applying the inherent power under Section 482 CrPC to prevent abuse of process and secure ends of justice.

criminal appeal_allowed Significant Section 482 CrPC quashing of FIR non-compoundable offences compromise

Union of India v. S. Rajguru

13 Aug 2014 · S. Ravindra Bhat; Vibhu BakhrU · 2014:DHC:3885-DB
Cites 1 · Cited by 0

The Delhi High Court upheld the CAT's quashing of disciplinary proceedings against a quasi-judicial officer, holding that mere erroneous decisions without malafide or misconduct do not warrant disciplinary action.

administrative petition_dismissed Significant quasi-judicial authority disciplinary proceedings Charge Memorandum lack of devotion to duty

Meera Narula v. G.G. Malvankar & Ors.

13 Aug 2014 · Mukta Gupta · 2014:DHC:3864

The Delhi High Court upheld the plaintiff's suit for specific performance of a valid agreement to sell property involving minors' interest, holding that the natural guardian's sale with court permission and ratification by majority is enforceable.

civil appeal_allowed Significant specific performance agreement to sell Hindu Minority and Guardianship Act, 1956 natural guardian

N Gopalaswami v. Union of India

13 Aug 2014 · Badar Durrez Ahmed; Vibhu Bakhru · 2014:DHC:3863-DB

The Delhi High Court dismissed petitions challenging the appointment of the CAG, holding that the appointment under Article 148 is constitutionally valid, not subject to judicial review on suitability, and that courts cannot mandate transparent selection procedures absent constitutional or statutory provisions.

constitutional petition_dismissed Significant Comptroller and Auditor-General Article 148 appointment procedure institutional integrity

Meenu Sehgal v. Lt Col Manish Sehgal

13 Aug 2014 · V. K. Shali · 2014:DHC:7496

The Delhi High Court dismissed contempt petitions against a father for delayed custody handover, holding that mere delay without wilful disobedience does not constitute contempt.

family petition_dismissed contempt of court custody delay in compliance Contempt of Courts Act 1971

Kewal Krishan Kumar and Anr. v. Rudi Roller Flour Mills

13 Aug 2014 · G. P. Mittal · 2014:DHC:3886

The Delhi High Court dismissed the plaintiffs' suit for injunction and damages, holding that the defendant's registered trademark 'SHIV SHAKTI' is visually and phonetically distinct from the plaintiffs' 'SHAKTI BHOG', with no likelihood of confusion or passing off.

civil appeal_dismissed Significant trademark infringement passing off perpetual injunction trade mark registration

MS. Shahin Rustam & Anr. v. Indira Gandhi National Open University & Ors.

13 Aug 2014 · Reva Khetrapal; S. P. Garg · 2014:DHC:3890-DB

The Delhi High Court held that service-related disputes involving a notified user agency must be first adjudicated by the Central Administrative Tribunal, and the High Court cannot entertain writ petitions bypassing the Tribunal even if the relief involves recognition of educational qualifications.

administrative appeal_dismissed Significant Central Administrative Tribunal Administrative Tribunals Act, 1985 jurisdiction writ petition maintainability

Dev Singh v. State

13 Aug 2014 · Sudershan Kumar Misra · 2014:DHC:3889

The Delhi High Court quashed an FIR under Sections 308 and 323 IPC based on an amicable settlement between closely related parties, exercising its inherent power under Section 482 Cr.P.C. to prevent abuse of process and promote harmony.

criminal petition_allowed Significant Section 482 Cr.P.C. quashing of FIR non-compoundable offence Section 308 IPC

Yogesh Kapoor v. State & Anr.

13 Aug 2014 · Sudershan Kumar Misra · 2014:DHC:3888

The Delhi High Court quashed criminal proceedings under Sections 406 and 498A IPC arising from matrimonial disputes on the basis of a mutual settlement and divorce by consent, applying the inherent power under Section 482 Cr.P.C.

criminal petition_allowed Significant Section 482 Cr.P.C. quashing of FIR matrimonial dispute settlement