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Delhi High Court Case Commentaries

Delay in Appeal Filing: Insufficient Justification and the Imperative for Timely Litigation

Delay in Appeal Filing: Insufficient Justification and the Imperative for Timely Litigation

Date: Jan 21, 2025
Delay in Appeal Filing: Insufficient Justification and the Imperative for Timely Litigation Introduction The case of DIRECTORATE OF EDUCATION v. RAMJAS SCHOOL before the Delhi High Court centers on a...
New Parameters for Passing Off in Concurrent Trademark Use: Delhi High Court Ruling in BROAD PEAK Dispute

New Parameters for Passing Off in Concurrent Trademark Use: Delhi High Court Ruling in BROAD PEAK Dispute

Date: Jan 21, 2025
New Parameters for Passing Off in Concurrent Trademark Use: Delhi High Court Ruling in BROAD PEAK Dispute Introduction The judgment in BROAD PEAK INVESTMENT HOLDINGS LTD. AND ANR. v. BROAD PEAK...
Clarifying "Initiation" in Penalty Proceedings: A New Benchmark on Limitation Periods under the IT Act

Clarifying "Initiation" in Penalty Proceedings: A New Benchmark on Limitation Periods under the IT Act

Date: Jan 21, 2025
Clarifying "Initiation" in Penalty Proceedings: A New Benchmark on Limitation Periods under the IT Act Introduction The Delhi High Court’s decision in the matter of Property Plus Realtors v. Union of...
New Judicial Precedent: Consent Does Not Extend to Digital Exploitation

New Judicial Precedent: Consent Does Not Extend to Digital Exploitation

Date: Jan 18, 2025
New Judicial Precedent: Consent Does Not Extend to Digital Exploitation Introduction The judgment delivered in SUDHIR KUMAR v. THE STATE NCT OF DELHI on January 17, 2025, by the Delhi High Court has...
New Precedent on Service-Related Death Benefits: Entitlement to Extraordinary Pension and Ex-Gratia Compensation

New Precedent on Service-Related Death Benefits: Entitlement to Extraordinary Pension and Ex-Gratia Compensation

Date: Jan 18, 2025
New Precedent on Service-Related Death Benefits: Entitlement to Extraordinary Pension and Ex-Gratia Compensation Introduction In the case of Seema Jamwal v. Union of India and Ors, the petitioner –...
Year-Specific Examination of Permanent Establishment: Delhi High Court Affirms Separate-Year Approach to Reassessments

Year-Specific Examination of Permanent Establishment: Delhi High Court Affirms Separate-Year Approach to Reassessments

Date: Jan 18, 2025
Year-Specific Examination of Permanent Establishment: Delhi High Court Affirms Separate-Year Approach to Reassessments I. Introduction This commentary examines the recent Delhi High Court decision in...
Strict Bail Regime Under Section 43D(5) UAPA: A Judicial Clarification

Strict Bail Regime Under Section 43D(5) UAPA: A Judicial Clarification

Date: Jan 18, 2025
Strict Bail Regime Under Section 43D(5) UAPA: A Judicial Clarification Introduction The judgment in the case of Joginder Singh @ Joginder Rana v. National Investigation Agency, delivered by the Delhi...
Assessment of Non-Existent Entities: Clarifying the Limits of Rectification under the Income Tax Act

Assessment of Non-Existent Entities: Clarifying the Limits of Rectification under the Income Tax Act

Date: Jan 18, 2025
Assessment of Non-Existent Entities: Clarifying the Limits of Rectification under the Income Tax Act Introduction This commentary examines the recent Delhi High Court decision in the matter of Pr....
ECI's Limited Deregistration Power: Affirming Section 29A Compliance in Political Party Registration

ECI's Limited Deregistration Power: Affirming Section 29A Compliance in Political Party Registration

Date: Jan 17, 2025
ECI's Limited Deregistration Power: Affirming Section 29A Compliance in Political Party Registration Introduction The case of Tirupati Narashima Murari v. Union of India & Ors. before the Delhi High...
Upholding Justice in Dowry-Related Murder Cases: A Rigorous Approach to Bail Denial under Sections 302 and 304B IPC

Upholding Justice in Dowry-Related Murder Cases: A Rigorous Approach to Bail Denial under Sections 302 and 304B IPC

Date: Jan 17, 2025
Upholding Justice in Dowry-Related Murder Cases: A Rigorous Approach to Bail Denial under Sections 302 and 304B IPC Introduction The judgment in KULDEEP SINGH v. THE STATE GOVT. OF NCT OF DELHI...
Survival and Autonomy of Arbitration Clauses in Lease Contracts: Affirming Separability and Procedural Fairness

Survival and Autonomy of Arbitration Clauses in Lease Contracts: Affirming Separability and Procedural Fairness

Date: Jan 17, 2025
Survival and Autonomy of Arbitration Clauses in Lease Contracts: Affirming Separability and Procedural Fairness Introduction The judgment delivered by the Delhi High Court on January 16, 2025, in the...
Clarifying Deductibility of International Solicitation Expenses and Exceptional Pension Fund Contributions

Clarifying Deductibility of International Solicitation Expenses and Exceptional Pension Fund Contributions

Date: Jan 17, 2025
Clarifying Deductibility of International Solicitation Expenses and Exceptional Pension Fund Contributions Introduction The judgment delivered by the Delhi High Court on January 16, 2025, addresses...
Limits on Appealability under Section 19 Contempt of Courts Act: Restricting Appeals to Punitive Orders

Limits on Appealability under Section 19 Contempt of Courts Act: Restricting Appeals to Punitive Orders

Date: Jan 16, 2025
Limits on Appealability under Section 19 Contempt of Courts Act: Restricting Appeals to Punitive Orders Introduction The judgment in R K YADAV through Director of Income Tax Inv-II and Ors v. DINESH...
No Regular Bail for Sexual Assault of Minors by Trusted Persons: A Landmark Precedent

No Regular Bail for Sexual Assault of Minors by Trusted Persons: A Landmark Precedent

Date: Jan 16, 2025
No Regular Bail for Sexual Assault of Minors by Trusted Persons: A Landmark Precedent Introduction The judgment in the matter of Subhan Ali v. The State NCT of Delhi and Anr sets a critical precedent...
Misappropriation of Trademark Goodwill: The Triple Identity Test and Prior User Principle

Misappropriation of Trademark Goodwill: The Triple Identity Test and Prior User Principle

Date: Jan 16, 2025
Misappropriation of Trademark Goodwill: The Triple Identity Test and Prior User Principle Introduction The case of ROPPEN TRANSPORTATION SERVICES PRIVATE LIMITED v. MR. NIPUN GUPTA & ANR. represents...
Clarifying the Criteria for Permanent Establishment Under the India–Korea DTAA

Clarifying the Criteria for Permanent Establishment Under the India–Korea DTAA

Date: Jan 16, 2025
Clarifying the Criteria for Permanent Establishment Under the India–Korea DTAA Introduction The Commissioner of Income Tax (International Taxation) initiated a series of appeals against Samsung...
Prolonged Incarceration Alone Does Not Guarantee Bail: The Delhi High Court’s Balancing Approach in Neeraj Sehrawat @ Neeraj Bawaniya v. State NCT of Delhi

Prolonged Incarceration Alone Does Not Guarantee Bail: The Delhi High Court’s Balancing Approach in Neeraj Sehrawat @ Neeraj Bawaniya v. State NCT of Delhi

Date: Jan 16, 2025
Prolonged Incarceration Alone Does Not Guarantee Bail: The Delhi High Court’s Balancing Approach in Neeraj Sehrawat @ Neeraj Bawaniya v. State NCT of Delhi 1. Introduction The case of Neeraj Sehrawat...
Delhi High Court Clarifies Maintainability of Revocation Petitions Beyond Patent Expiry

Delhi High Court Clarifies Maintainability of Revocation Petitions Beyond Patent Expiry

Date: Jan 16, 2025
Delhi High Court Clarifies Maintainability of Revocation Petitions Beyond Patent Expiry Introduction The instant commentary examines the Delhi High Court’s Judgment in the case of Macleods...
Mandatory Approval and Limitation Period in Tax Reassessment: A New Precedent Clarified

Mandatory Approval and Limitation Period in Tax Reassessment: A New Precedent Clarified

Date: Jan 16, 2025
Mandatory Approval and Limitation Period in Tax Reassessment: A New Precedent Clarified Introduction The judgment in Abhinav Jindal v. Assistant Commissioner of Income Tax Circle 52(1) delivered by...
Establishing a Holistic Approach to Trademark Infringement: The KRBL Limited v. Praveen Kumar Buyyani & Ors Judgment

Establishing a Holistic Approach to Trademark Infringement: The KRBL Limited v. Praveen Kumar Buyyani & Ors Judgment

Date: Jan 16, 2025
Establishing a Holistic Approach to Trademark Infringement: The KRBL Limited v. Praveen Kumar Buyyani & Ors Judgment Introduction The judgment in KRBL Limited v. Praveen Kumar Buyyani & Ors,...
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