Plaint Can't Be Rejected Under O.VII R.11 Of CPC Due To Arbitration Clause Unless Application U/S 8 Of A&C Act Is Filed: Delhi High Court

The Delhi High Court bench of Justice Ravinder Dudeja has held that if a proper application is filed under Section 8 of the Arbitration and Conciliation Act, 1996, the Court must refer the parties to arbitration and may reject the plaint under Order VII Rule 11(d) of the Civil Procedure Code, 1908 (CPC) as barred by law. However, if no such application is filed and no prayer is made...

Delhi High Court Grants 90 Days Interim Bail To Woman Booked Under POCSO Act To Care For Her Newborn

The Delhi High Court has ordered an interim release of a woman, languishing in jail for about six months in connection with a POCSO case, to enable her to take care of her new born child.The woman was arrested on December 12 last year. She was expecting at the time and delivered a boy child in custody, on May 12.Meanwhile, chargesheet came to be filed against her alleging offences under Sections 363/366/370/376/354A IPC, Sections 4/6 of the POCSO Act and Section 81 of the Juvenile Justice Act,...

S.75(5) Of CGST Act Contemplates A Maximum Of Three Adjournments, Cannot Be Construed As A Minimum Of Three Hearings: Delhi High Court

The Delhi High Court has held that the provision of maximum three adjournments that can be granted to a taxpayer during the course of adjudication proceedings, cannot be construed to mean that the taxpayer must be given a minimum of three hearings.A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta observed,“A perusal of Section 75(5) of the Central Goods and Service...

Delhi High Court Directs Meta To Pull Down Fake Instagram Accounts Posting Obscene Photos Of Minor

Coming to the rescue of a 15-year-old minor girl, the Delhi High Court on Wednesday (June 25) directed Meta, which owns social media platform Instagram, to take action against fake accounts posting her obscene photos.Justice Manoj Jain further directed the platform to disclose details of the persons behind the fake accounts.“Defendant no. 1 is directed to provide Basic Subscriber Information (BSI) including IP details of said defendant nos. 2 to 6 and is also directed to action qua the URLs as...

Taxpayers Must Be Vigilant About Communications On GST Portal, Department Can't Be Blamed: Delhi High Court

The Delhi High Court has made it clear that if an assessee fails to respond to a show cause notice duly communicated to it on the GST portal, the Department cannot be blamed for passing an order raising demand, without hearing the assessee.A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta observed,“Since the Petitioner has not been diligent in checking the portal, no...

S.187(3) BNSS | Chargesheet Filed Without Obtaining Sanction To Prosecute Under Arms Act Not Incomplete, No Default Bail: Delhi High Court

The Delhi High Court has made it clear that an accused under the Arms Act, 1959 cannot seek default bail under Section 187(3) of the Bhartiya Nagarika Suraksha Sanhita, 2023 merely on the ground that the chargesheet filed against him in terms of Section 193(3) BNSS, lacks the sanction to prosecute.Sanction under Section 39 of the Arms Act is mandatory to prosecute a person for offences...

High Court Asks Delhi Police To Explain Alleged Lapses In Handling Custody Of Girls Rescued From Trafficking Racket

Delhi High Court has asked the Delhi Police to explain its alleged negligence in handling the custody of eight girls (minor and adult) rescued from a commercial sexual exploitation racket in the city's Burari area.Justice Ravinder Dudeja issued notice on the plea moved by NGO Just Rights For Children Alliance.The organisation submitted that in terms of Section 31 of Juvenile Justice Act 2015,...

Delhi High Court Issues Further Directions On Tree Felling, Says Project Proponent Responsible For Maintaining Transplanted Trees For 5 Yrs

The Delhi High Court recently issued various directions to ensure that the standard operating procedure (SOP) on felling or transplantation of trees in the national capital be "implemented in an effective manner to achieve the desired objective".Issuing a slew of directions Justice Jasmeet Singh ordered that the DCF or Tree Officer shall be involved at the very stage of planning of a...

Must Stop 'Unabashed Abuse' Of Protected Content: Delhi High Court Grants Dynamic Plus Injunction Against Piracy Of 2025 FIFA Club World Cup

The Delhi High Court has granted Dynamic+ injunction in favour of British over-the-top sports streaming and entertainment platform Dazn Limited, restraining rogue websites from infringing its exclusive rights to air FIFA Club World Cup 2025, being played in the United States from June 14 to July 13, 2025.In doing so, Justice Saurabh Banerjee observed,“The present case, prima facie, appears...

Non-Compete Clause Can't Curtail Right Of Employee To Get Employment After Notice Period: Delhi High Court

The Delhi High Court on Wednesday (June 25) held that terms of an employment contract that imposes a restriction on right of the employee to get employed post-termination of the contract are 'void', for contrary to Section 27 of the Indian Contract Act.Section 27 declares agreements in restraint of trade as void.Justice Tejas Karia held that after termination of employment, the non-compete...

Delhi High Court Seeks HDFC's Response On Customer's Plea Alleging ₹74 Lakhs Fraud Transaction Through Unauthorised 'Virtual Debit Card'

The Delhi High Court has issued notice to the Reserve Bank of India, RBI Banking Ombudsman and the HDFC Bank on a customer's plea alleging that he was defrauded of ₹74 lakhs, by creation of a virtual debit card without his authorisation.Justice Vikas Mahajan directed the respondents to file their counter-affidavits in the matter in four weeks.As per Petitioner-Manmohan Kumar,...

'No Intention To Infringe': Lenskart Tells Delhi High Court Over 'Mistake' In Using Titan's Trademarks On Website & As Meta Tags

Indian multinational eyewear company Lenskart recently admitted to its mistake in using Tata owned eyewear brand Titan's trademarks on its website and in meta tags.Titan Company Limited had sued Peyush Bansal's Lenskart for infringement of its trademarks Titan, Titan Eye+ and Fastrack.The company claimed that its registered marks are used on Lenskart's website and also as meta tags to the...