Whether the Magistrate had territorial jurisdiction to entertain the application under Section 156 (3) Cr.P.C. and pass order thereon as the investigation had been transferred? Whether directions by the Magistrate to add Sections in the FIR would amount to interference during investigation?
When offences are allegedly committed by a citizen of India within the country and outside as well, both the Courts i.e. where the offence was allegedly committed in India and also where the accused on being brought to India is found would have territorial jurisdiction to try the offences so committed, if the offences can […]
The plaintiff Super Cassettes shall provide an updated catalogue of “specific” works in which it holds copyright along with the location/ URL of such work on the appellant Myspace ‘s website to the appellant as and when SCIL detects infringement.
Contempt of Court; Ram Bilash Mahto Vs. Food Corporation of India Workers Union [Delhi High Court, 19-12-2016]
Contempt of Court – An apology offered at the time when the contemnor finds that the Court is about to impose punishment, is no apology and can be rejected.
Tax Law – Administrative convenience cannot outweigh the harsh nature of the consequence, which would expose resident payers to the onerous responsibility of maintaining books and documents for an uncertain period of time.
Arbitration; Madhava Hytech-Rani (JV) Vs. Ircon International Limited [Delhi High Court, 19-12-2016]
In terms of Section 12(5) of the Arbitration and Conciliation (Amendment) Act, 2015 read with Schedule VII to the Act, any employee of a party to the arbitration proceeding is ineligible for being appointed as an arbitrator.
Copyright; Chancellor, Masters & Scholars of University of Oxford Vs. Rameshwari Photocopy Services [Delhi High Court, 09-12-2016]
The course packs were claimed to be material used during course of instruction and therefore photocopying copyrighted material i.e. reproduction had to be determined with reference to u/s. 52(1)(i) of the Copyright Act, 1957, and clause (a) has no relevance.
The Protection of Children from Sexual Offences Act (POCSO Act) was brought on the statue book as a complete code for achieving the object of protecting children from offences of sexual assault, sexual harassment and pornography.
The case of the prosecution solely rests upon the DNA test conducted on one of the condoms seized from the spot, whilst, there is no other corroborating evidence to support the story of the prosecution. There is no reason accorded as to why DNA profiling could not be done on the other condom that was […]
Drugs and Cosmetics Act, 1940 – All 344 Notifications dated 10th March, 2016 purportedly in exercise of power under section 26A of the Drugs Act are found to have been issued without following the procedure statutorily prescribed to be followed prior to issuance thereof and resultantly it is held that the Notifications are not based on […]
Tax Law; Formula One World Championship Limited Vs. Commissioner of Income Tax, International Taxation [Delhi High Court, 30-11-2016]
Tax Law – Formula One World Championship Limited (FOWC) – Permanent Establishment (PE) – Article 13 of the Avoidance of Double taxation agreement entered into between the Government of UK and the Republic of India (DTAA) – On the question of existence of FOWC ‘ s PE, in India, the answer is in the affirmative; […]
Contempt of Court; Mahender Yadav Vs. Central Bureau of Investigation [Delhi High Court, 04-11-2016]
Whether it is sufficient to merely allege an apprehension of bias that therefore, justice will not be done and judge must recuse himself from hearing the case? Can a litigant level ruthless and baseless allegations seeking recusal from hearing by a judge and be permitted to get away without suffering any consequences?
Civil Procedure Code, 1908 – Order 5 Rule 17 & 18 – Endorsement of the process server / postman – If no evidence is given with regard to service of summons, the fact that the postman or the process server reported refusal/non acceptance of the service would have to be accepted as correct. Civil Procedure […]
Penal Code, 1860 – Section 149 & 395 – Unlawful Assembly – Dacoity – Snatching the mobile phone and stealing of ₹50,000 – Whether the acts fall within the ambit of offence punishable under Section 395 IPC with the aid of Section 149 IPC – In so far as the application of Section 149 IPC is […]
Defamation – Civil suit for damages on account of defamation and Criminal Defamation – Whether the criminal proceedings could continue or are required to be stayed during the pendency of the Civil Suit – Held, The Magistrate is empowered to adjourn the proceedings under Section 309 Cr.P.C. – There is no legal impediment to invoke the civil proceedings for defamation […]