'Common Area Maintenance Charge' Paid To Mall By Showroom Is Not Rent, Not Liable To TDS U/S 194-I Income Tax Act: Delhi High Court

The Delhi High Court has held that the Common Area Maintenance Charge (CAM) paid by a showroom owner to the mall does not qualify as 'rent' and is not liable to TDS under Section 194I of the Income Tax Act 1961.Section 194I stipulates that TDS applies if the total rent paid or payable in a financial year exceeds a specified limit.A division bench of Justices V. Kameswar Rao and Vinod...

Delhi High Court Rejects Centre's Plea Against Direction To Grant Promotion To IRS Officer Sameer Wankhede If Found Eligible

The Delhi High Court has dismissed Central Government's plea against a direction to grant promotion to IRS officer Sameer Wankhede if he is found suitable by the UPSC.A division bench comprising Justice Navin Chawla and Justice Madhu Jain upheld the order of the Central Administrative Tribunal and asked the Union Government to comply with the direction within four weeks. Vide the impugned...

Delhi High Court Asks Trial Court To Defer Hearing On Charge In Case Against Kapil Mishra Over 'Communal Tweets'

The Delhi High Court has asked the Trial Court to defer hearing on the point of charge in a case registered against BJP Minister Kapil Mishra in relation to an FIR filed against him in 2020 over his tweets that the AAP and Congress parties had created a “mini Pakistan” at Shaheen Bagh and that the then Assembly polls would be a contest between “India and Pakistan”.Justice Ravinder...

Use Of Full Name Not Mandatory To Avail Protection U/S 35 Trademarks Act: Delhi High Court

The Delhi High Court has held that the benefit of Section 35 of the Trade Marks Act 1999, which proscribes any injunction being granted against the use by the defendants of his/ her name as a trademark, is not restricted to use of full name by the defendant.“Section 35 places no such limitation,” observed a division bench of Justices C. Hari Shankar and Om Prakash Shukla.The Court was...

Dismissal Of Plea U/S 8 Of A&C Act Amounts To Res Judicata; S.11 Court Cannot Refer Parties To Arbitration: Delhi High Court

The Delhi High Court bench of Justice Purushaindra Kumar Kaurav, while dismissing a Section 11 petition under the A&C Act, observed that dismissing a Section 8 application under the A&C Act amounts to res judicata. The Section 11 Court cannot refer the parties to Arbitration if the order dismissing Section 8 is not set aside or interfered with. A Collaboration Agreement...

No Injunction Can Be Granted Against Defendant Using Their Name As Trademark Even In Cases Of Passing Off: Delhi High Court

The Delhi High Court has held that “no injunction can be granted even in the case of passing off against a defendant, restraining the use by her, or him, of her, or his, own name.”The division bench of Justices C. Hari Shankar and Om Prakash Shukla in this regard cited Section 35 of the Trade Marks Act, 1999 which proscribes any injunction being granted against the use by the defendants...

GST Dept Can't Probe Misuse Of GSTIN By Third Party, Power Lies With Economic Offences Wing: Delhi High Court

The Delhi High Court has made it clear that allegations of misuse of a trader's GST identification number by a third party cannot be probed by the GST Department.A division bench of Justices Prathiba M. Singh and Shail Jain observed,“Section 132 of the CGST Act, 2017 provides for certain offences which the GST Department can take cognizance of. However, the allegation here is that the...

'Can't Turn Blind Eye To Reformative Purpose Of Imprisonment': Delhi High Court Reduces 3-Month Sentence Awarded To POCSO Convict

The Delhi High Court has reduced the sentence of 3 months imprisonment imposed upon a POCSO convict after 10 years of trial, stating that it cannot “uproot” him from the society after a decade.Justice Amit Mahajan observed that while the Court is cognizant of the gravity of the offences however, it cannot turn a blind eye to the reformative and rehabilitative purpose of the...

Delhi High Court To Hear Next Week PIL Against LG Notification Allowing Police Officers To Depose Virtually

A PIL was mentioned before the Delhi High Court today against a notification issued by Delhi Lieutenant Governor (LG) VK Saxena declaring all police stations in the national capital as “designated places” for recording deposition of police officers through video conferencing.A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela listed the matter for hearing...

Delhi High Court Grants John Doe Order Awarding Dynamic Interim Injunction Protecting Tata Pay Trademark

The Delhi High Court has granted an ex-parte ad-interim dynamic injunction, protecting the trademark of Tata Group's payment solutions platform Tata Pay.Justice Tejas Karia restrained unknown entities from infringing the group's 'TATA' and 'TATA PAYMENTS' marks.Tata contended that Tata Digital Private Limited serves as its financial services arm, engaged in providing a wide range of...

Delhi High Court Upholds Vires Of S.193(9) BNSS On Further Probe, Says It Does Not 'Camouflage' Accused's Right To Default Bail

The Delhi High Court has upheld the constitutional validity of Section 193(9) of Bharatiya Nagarik Suraksha Sanhita, 2023, saying that the provision does not act as a camouflage to an accused's right to default bail. A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela dismissed a PIL filed by lawyer Yash Mishra which challenged the validity of Section 193(9)...

Conviction Of A Single Accused For Gang Rape Is Permissible If Other Accused Couldn't Be Apprehended: Delhi High Court

The Delhi High Court has held that a single person can be convicted for the offence of gang rape punishable under Section 376DA IPC (Section 70 BNS), even if the co-offender manages to escape trial.A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta while dealing with an appeal against conviction observed,“One of the arguments of the Appellant is also that as the...