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Delhi High Court

Total consideration cannot be forfeited substantially without establishment of suffered loss

June 2, 2022 3414 Views 0 comment Print

The respondent’s case that it was entitled to forfeit the sum of ₹60,00,000/- paid by the petitioner rested solely on the ground that it was earnest money and therefore, it could be forfeited in terms of the Agreement.

Debt of ‘Corporate Debtor’, not considered in Resolution Plan, doesn’t extinguish automatically

May 28, 2022 1533 Views 0 comment Print

HC observed that the debt which the ‘Corporate Debtor’ owes for payment in future, if not taken into consideration in the ‘Resolution Plan’ does not extinguish automatically and the creditors, including the ‘Financial Creditor’ or ‘Operational Creditor’ or ‘Secured Creditor’ or ‘Unsecured Creditor’ has rights to claim the same.

No provision under Trademark contemplates defence of honest & concurrent to a charge of infringement

May 26, 2022 2460 Views 0 comment Print

Section 12 is essentially a provision which enables the Registrar to permit registration of a mark which is identical or similar to an existing mark in respect of same or similar goods. It does not envisage honest and concurrent user as a defence to an allegation of infringement of a registered trade mark.

Section 148 of NI Act provides minimum 60 days’ time period for depositing fine

May 26, 2022 30015 Views 0 comment Print

Harsh Sehgal Vs State & Anr (Delhi High Court) Facts- The complainant/respondent no. 2, Galaxy Datamatics Pvt. Ltd., averred that the accused no. 1, M/S Takshila Retail Pvt. Ltd., earlier known as M/s Blues Clothing Pvt. Ltd., accused no. 2, Dinesh Sehgal and accused no. 3, Harsh Sehgal, approached the respondent no.2 for a short-term […]

Assessee have independent statutory right to file reply to SCN & draft assessment order

May 26, 2022 1521 Views 0 comment Print

Ketan Ribbons Pvt Ltd Vs National Faceless Assessment Centre Delhi (Delhi High Court) Hon’ble Delhi High Court quashed Assessment Order, Notice of demand and Penalty notice passed on 23-05-2021 during COVID-19 where show cause notice and draft assessment order were issued during lockdown and the assessee could not file any reply. The court further was […]

Consider plea for extension of payment date under SVLDR scheme due to Cancer Treatment of Assessee – HC directs dept

May 23, 2022 1035 Views 0 comment Print

Delhi HC allows petition challenging recovery notices. Petitioner seeks leniency citing financial constraints and health issues.

Arbitrator can decide if Supplementary Agreement Rescinding Arbitration Clause is Contrary To Law: HC

May 22, 2022 1503 Views 0 comment Print

Kiran Infra Engineers Limited Vs Northern Railway (Delhi High Court) The question as to whether the supplementary agreement is a full and final discharge of respective obligations under the principal agreement and also rescinds the terms and conditions of the principal agreement is itself in dispute, which requires to be referred to Arbitral Tribunal. The […]

Mere Pendency of Insolvency Petition not A Bar to Arbitrator Appointment

May 22, 2022 990 Views 0 comment Print

Millennium Education Foundation Vs Educomp Infrastructure And School Management Limited (Delhi High Court) The Supreme Court has categorically held that the adjudicating authority i.e., NCLT has a duty to advert to the contentions put forth on the application filed under the Insolvency and Bankruptcy Code and to examine the material placed before it and record […]

Order terminating proceedings u/s 25(a) can be recalled by Arbitral Tribunal on application of claimant

May 22, 2022 1848 Views 0 comment Print

Union of India Vs Delhi State Consumer Co Operative Federation Ltd. (Delhi High Court) Facts- According to Union of India, Delhi State Consumers Co-operative Federation Limited (respondent) failed to furnish the requisite security deposit, as a result of which each of the contracts were cancelled at the risk and cost of the respondent. The Union […]

Delhi HC Ruling on alleged More than Rs. 1 lakh Crore Income escaped assessment

May 19, 2022 12048 Views 1 comment Print

Analysis of Delhi HC Ruling on order passed under Section 148A(d) passed by order Delhi High Court in the case of Divya Capital One Private Limited Vs. ACIT, alleging income of more than Rs one lakh crore having escaped assessment.

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