Delhi High Court Case Commentaries

Ensuring Fair Selection Through Wild Card Trials: The Delhi High Court’s New Standard on Athlete Participation

Date: Jan 14, 2025

Ensuring Fair Selection Through Wild Card Trials: The Delhi High Court’s New Standard on Athlete Participation 1. Introduction The Delhi High Court, in its judgment dated January 13, 2025, addressed...

Clarifying the Extent of UA(P) Act Enforcement Against Non-Notified Groups

Date: Jan 14, 2025

Clarifying the Extent of UA(P) Act Enforcement Against Non-Notified Groups Introduction This commentary examines the Delhi High Court’s judgment in “Alemla Jamir v. National Investigation Agency,”...

Court Clarifies the Test for “Interim Award” Under Indian Arbitration Law

Date: Jan 14, 2025

Court Clarifies the Test for “Interim Award” Under Indian Arbitration Law I. Introduction This commentary examines the recent Judgment of the Delhi High Court in the case of APTEC Advanced Protective...

New Precedent on the Conjunctive Interpretation of “MIMO and LTE Products” for Customs Duty Exemption

Date: Jan 14, 2025

New Precedent on the Conjunctive Interpretation of “MIMO and LTE Products” for Customs Duty Exemption Introduction The judgment delivered in Commissioner of Customs Air Chennai-VII Commissionerate v....

Delhi High Court Clarifies Timely Assessment and Return of Seized Assets Under Section 132A of the Income Tax Act

Date: Jan 11, 2025

Delhi High Court Clarifies Timely Assessment and Return of Seized Assets Under Section 132A of the Income Tax Act 1. Introduction The case of Gautam Thadani v. Director Income Tax (Investigation) and...

Reaffirmation of the Strict Bail Threshold Under UAPA in Terror Conspiracy Cases

Date: Jan 11, 2025

Reaffirmation of the Strict Bail Threshold Under UAPA in Terror Conspiracy Cases 1. Introduction In Zafar Abbas @ Jaffar v. National Investigation Agency, the Delhi High Court addressed a bail...

Quashing Prolonged Adjudication: Ensuring Timely Determination under the Customs Act

Date: Jan 11, 2025

Quashing Prolonged Adjudication: Ensuring Timely Determination under the Customs Act Introduction The present judgment of the Delhi High Court in the matter of Vijay Enterprises and Anr. v....

Reaffirming the 50-Lakh Threshold for Income Tax Reassessment: Delhi High Court’s Emphasis on “Credible Material” Under Section 148A

Date: Jan 11, 2025

Reaffirming the 50-Lakh Threshold for Income Tax Reassessment: Delhi High Court’s Emphasis on “Credible Material” Under Section 148A Introduction The Judgment in Sonansh Creations Pvt. Ltd. v....

Affirming “Active Advocacy” as the Threshold for Denying Bail under the UAPA

Date: Jan 11, 2025

Affirming “Active Advocacy” as the Threshold for Denying Bail under the UAPA 1. Introduction The judgment in MD Heydaitullah v. National Investigation Agency (Delhi High Court, pronounced on 10...

Reassessing a Merged Entity: Validity of Notices and the Requirement of Preliminary Verification

Date: Jan 11, 2025

Reassessing a Merged Entity: Validity of Notices and the Requirement of Preliminary Verification I. Introduction In SONANSH CREATIONS PVT LTD v. ASSISTANT COMMISSIONER OF INCOME TAX AND ANR. (Delhi...

No Coercive Measures on Bank Guarantee Encashment Pending Appeal: A New Judicial Principle

Date: Jan 10, 2025

No Coercive Measures on Bank Guarantee Encashment Pending Appeal: A New Judicial Principle Introduction In the matter of Amar Singh and Sons Tree Nuts LLP v. The Superintendent of Customs, EPM,...

Reaffirming the Supremacy of Prior User Rights in Trademark Disputes

Date: Jan 9, 2025

Reaffirming the Supremacy of Prior User Rights in Trademark Disputes Introduction The Delhi High Court, in the case FMI Limited v. Midas Touch Metalloys Pvt. Ltd., addressed the infringement and...

Clarifying the Trigger for Limitation Under Section 34(3) of the Arbitration Act

Date: Jan 9, 2025

Clarifying the Trigger for Limitation Under Section 34(3) of the Arbitration Act 1. Introduction In a significant ruling in TEFCIL Breweries Limited v. Alfa Laval (India) Limited, the Delhi High...

Equal Ownership in Co-Owned Properties and the Taxable Income Paradigm: A New Precedent

Date: Jan 9, 2025

Equal Ownership in Co-Owned Properties and the Taxable Income Paradigm: A New Precedent Introduction The judgment in Shivani Madan v. PR Commissioner of Income Tax Delhi 01 & Anr. delivered by the...

Arbitral Awards Under the MSMED Act: Writ Petitions Not Maintainable

Date: Jan 9, 2025

Arbitral Awards Under the MSMED Act: Writ Petitions Not Maintainable 1. Introduction In this landmark decision, Mahanagar Telephone Nigam Ltd. v. Micro and Small Enterprise Facilitation Council and...

Clarifying the Boundaries of Appeal in Arbitration: Restricting Appeals to Orders under Section 37 of the Arbitration Act

Date: Jan 9, 2025

Clarifying the Boundaries of Appeal in Arbitration: Restricting Appeals to Orders under Section 37 of the Arbitration Act Introduction The judgment in Synergies Casting Ltd. v. National Research...

Clarifying the Court’s Discretion to Allow Additional Written Statements Beyond the 120-Day Limit in Commercial Suits

Date: Jan 9, 2025

Clarifying the Court’s Discretion to Allow Additional Written Statements Beyond the 120-Day Limit in Commercial Suits I. Introduction The Judgment rendered in Novartis AG & Anr. v. Natco Pharma...

“Reaffirming Arbitral Autonomy: Limited Judicial Interference with Expert Arbitrators”

Date: Jan 9, 2025

Reaffirming Arbitral Autonomy: Limited Judicial Interference with Expert Arbitrators I. Introduction The Delhi High Court decision in Center for Research Planning and Action v. National Medicinal...

Mandatory Submission of the Arbitration Award: A New Paradigm in Section 34 Challenges

Date: Jan 9, 2025

Mandatory Submission of the Arbitration Award: A New Paradigm in Section 34 Challenges Introduction The judgment in KGF COTTONS PVT LTD v. HALDIRAM SNACKS PVT LTD presents a crucial legal development...

Clarification of Appellate Powers in Section 153A Proceedings: Delhi High Court’s New Precedent

Date: Jan 9, 2025

Clarification of Appellate Powers in Section 153A Proceedings: Delhi High Court’s New Precedent Introduction This case, Divine Infracon Pvt Ltd v. PR Commissioner of Income Tax 3, was decided by the...