India Columns

Any order issued under Section 143(1) of the Income Tax Act of 1961 is not an assessment for the purposes of Section 147: Delhi High Court

Date: Oct 18, 2022

According to the Delhi High Court, the order issued under Section 143(1) of the Income Tax Act of 1961 is not an assessment for the purposes of Section 147, and as a result, the Assessing Officer...

In order to qualify for the High Court's protection under Article 227, litigants cannot be negligent in litigating properly before the lower courts: Delhi Court

Date: Oct 18, 2022

The Court made the comment in the case of Kailash Sewani Vs. Manish Kumar Chaudhary in a plea that was brought up in opposition to an order imposed on July 11, 2022, in a civil case where the...

According to the Delhi High Court, an intermediary would be qualified to seek protection under Section 79 of the Information Technology Act of 2000 unless an active role in the conduct of the offences as alleged is disclosed.

Date: Oct 18, 2022

In some circumstances, the provision exempts the intermediary from obligation. It indicates that an intermediary is not responsible for any data, information, or communication links provided by a...

Analysis of Complaint under Section 200 Cr.P.C.

Date: Oct 17, 2022

The Anatomy of a Private Complaint: A Jurisprudential Analysis of Section 200 of the Code of Criminal Procedure, 1973 I. Introduction The Code of Criminal Procedure, 1973 (Cr.P.C.) provides a robust...

A judge cannot act as a mouthpiece of prosecution while deciding Discharge Application, must consider broad probabilities of case: Delhi HC

Date: Oct 14, 2022

Case Title: Shipali Sharma V. State & Anr If there was a possibility for both points of view and the judge is convinced that the evidence presented to him raised some but not serious suspicions about...

Yardstick for determining Infringement of Trade Dress is an overall impression of the design, subtle dissimilarities irrelevant: Delhi HC

Date: Oct 14, 2022

Case Title: Diageo Brands B.V. & Anr. v. Great Galleon Ventures Limited The Delhi High Court prohibited the Defendant from violating the Plaintiff's registered design. The Court, however, declined to...

Supreme Court makes prior Sanction from competent authority mandatory to prosecute a government servant

Date: Oct 14, 2022

Case Title: Delhi Subordinate Services Selection Board & Anr V. Seema Kapoor  Justices S K Kaul and Hemant Gupta's bench made the statement. The purpose of Section 197 of the Criminal Procedure Code...

One party cannot make a list of selected arbitrators and send it to the other party and ask to select the names from the list: Delhi High Court

Date: Oct 14, 2022

In case of Overnite Express Ltd v. DMRC the Delhi High court observed that one party cannot make a list of selected arbitrators and send it to the other party and ask to select the names from the...

The Indian Evidence Act, 1872 prohibits the annulment of an arbitration award on the grounds that the evidence used by the arbitral tribunal does not meet those requirements: Delhi High Court

Date: Oct 14, 2022

The Indian Evidence Act, 1872 prohibits the annulment of an arbitration award on the grounds that the evidence used by the arbitral tribunal does not meet those requirements. Was held in the case of...

Delhi High Court rejects WhatsApp and Meta appeals against the CCI investigation

Date: Oct 14, 2022

In case of  Whatsapp LLC v. CCI, Facebook v. CCI, following prima facie finding that WhatsApp's new privacy policy violated the Competition Act of 2000, the Competition Commission of India requested...

Essential Religious Practices in Indian Law

Date: Oct 13, 2022

The Doctrine of Essential Religious Practices in Indian Constitutional Law: Evolution, Application, and Critique Introduction The concept of "essential religious practices" (ERP) is a judicially...

Agreements Forbidden by Law in India

Date: Oct 13, 2022

Agreements Forbidden by Law in India: An Analysis under Section 23 of the Indian Contract Act, 1872 Introduction The Indian Contract Act, 1872 (hereinafter "the Contract Act"), forms the bedrock of...

Analysis of Section 23 of the Indian Contract Act, 1872

Date: Oct 13, 2022

Unlawful Considerations and Objects: A Comprehensive Analysis of Section 23 of the Indian Contract Act, 1872 Introduction Section 23 of the Indian Contract Act, 1872 (hereinafter "the Act") stands as...

It is not necessary by the Magistrate to record the statement of the public servant who filed the complaint in discharge of his official duty before issuing summons to the accused: Supreme Court

Date: Oct 13, 2022

In case of Cheminova India Limited vs. State of Punjab Supreme Court held that before summoning the accused, the magistrate is not required to record the public servant's statement that he had filed...

Split Verdict delivered in the Hijab Case by the Supreme Court - Judges differ in opinion over freedom of choice against essential religious practice;

Date: Oct 13, 2022

A batch of appeals lying before the Supreme Court challenging the Karnataka High Court judgement which restricted girl students from wearing Hijab as a part of uniform dress code resulted in a split...

Recovery of Demand against Issues decided in favour of Assessee is Unwarranted: Delhi High Court

Date: Oct 13, 2022

Case Title: Expeditors International of Washingtion V. ACIT (Delhi High Court) By basing its decision on a circular issued by the Central Board of Direct Taxes, the Delhi High Court denied the...

Evidentiary Status of Panchnama in Indian Law

Date: Oct 13, 2022

The Evidentiary Status of Panchnama in Indian Criminal Jurisprudence: Substantive or Corroborative? I. Introduction The Panchnama, a document frequently encountered in the annals of Indian criminal...

Quashing of Cases Against Men Who Allegedly Raised Slogans Against PM Over Demonetization Decision In 2016

Date: Oct 13, 2022

The Madras High Court in Jegan @ Ellamaran and others v. State and another quashed a case against 5 persons who had allegedly indulged in a protest and had raised various slogans against Prime...

Theobroma & Theos settle Trademark dispute before Delhi High Court

Date: Oct 13, 2022

Case Title: Theos Food Pvt Ltd & Ors v. Theobroma Foods Pvt Ltd A settlement over the use of the THEOS/THEO trademarks was achieved between the two well-known confectionery companies. In a trademark...

There is no bar in the amendment of pleadings while filing additional documents in an application under Sec 7 of IBC: Supreme Court

Date: Oct 13, 2022

Whether there is a legal bar to the amendment of pleadings in a petition under Section 7 of the Insolvency and Bankruptcy Code (IBC) or to the filing of additional documents aside from those...