Delhi High Court
S.125 CrPC | Technical Delays, Procedural Lapses Can't Defeat Purpose Of Interim Maintenance To Wife & Minor Child: Delhi High Court
The Delhi High Court has observed that technical delays or procedural lapses cannot defeat the purpose of interim maintenance to wife and minor child under Section 125 of Code of Criminal Procedure. Justice Swarana Kanta Sharma said that interim maintenance under the provision in question is meant to provide immediate relief to a spouse and minor children who are otherwise unable to...
Trader Can't Be Labelled Defaulter Over Unpaid Demand During Pendency Of GST Appeal, After Making Pre-Deposit: Delhi High Court
The Delhi HIgh Court has held that once a trader prefers an appeal against a demand raised by the GST Department and makes the mandatory pre-deposit, the demand order is automatically stayed and the trader cannot be treated as a defaulter.A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta thus granted relief to the Petitioner-proprietorship firm and directed the Department...
Expeditiously Decide Plea To Maintain Database Of Complainants Filing Multiple Sexual Offence Cases: High Court To Delhi Police
The Delhi High Court on Wednesday asked the Delhi Police and other authorities to decide expeditiously a plea seeking maintenance of a database of complainants who have filed multiple cases of sexual offences.A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela disposed of a PIL filed by one Shonee Kapoor, represented by Advocate Shashi Ranjan Kumar Singh....
Wife's Right To Shared Household Under DV Act No Bar To Partition Of Matrimonial Home Between Divorced Couple: Delhi High Court
The Delhi High Court has held that a married woman's right to reside in a shared household under Section 17 of the Domestic Violence Act cannot override or nullify the lawful entitlement of husband to seek partition or enforcement of ownership rights in civil proceedings.A division bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar thus dismissed a divorced woman's appeal...
Unable To Represent Constituency In Parliament Due To Costs Imposed: Jailed J&K MP Engineer Rashid Tells Delhi High Court
Jailed Jammu and Kashmir MP Engineer Rashid on Wednesday told the Delhi High Court that he was unable to represent his constituency (Baramulla) due to the condition imposed on him to pay daily costs to attend the parliamentary session. Senior Advocate N Hariharan made the submission before a division bench of Justice Vivek Chaudhary and Justice Anup Jairam Bhambhani in Rashid's plea...
Delhi High Court Denies Interim Maintenance To Wife Citing Estranged 70-Yr-Old Husband's Financial & Emotional Incapacity
The Delhi High Court recently denied interim maintenance under Section 24 of the Hindu Marriage Act to a woman, citing her estranged husband's financial incapacity.“Respondent should not be burdened with the obligation to provide interim maintenance, particularly when his own financial, physical and emotional conditions are visibly strained,” a division bench of Justices Anil Kshetarpal...
Phrase 'Three Months' U/S 73(2) GST Act Means Three Calendar Months, Not 90 Days: Delhi High Court
The Delhi High Court has held that the 'three months' period prior to expiry of three years within which show cause notice for alleged wrongful availment of Input Tax Credit must be issued under Section 73 of the CGST Act, means three calendar months and not 90 days.Under Section 73, SCN is issued to an assessee for determination of tax not paid or short paid. The Proper Officer is required...
GST Refund Can't Be Granted To Trader Until Cancelled Registration Is Restored: Delhi High Court
The Delhi High Court has made it clear that GST refund cannot be granted to a trader whose GST registration stands cancelled.In the case at hand, the Petitioner's registration was cancelled in February 2023 with retrospective effect from July 2018.In this backdrop a division bench of Justices Prathiba M. Singh and Shail Jain observed,“When the GST registration itself has been cancelled in...
Compassionate Appointment Can't Be Sought Long After Death Of Family's Bread Winner, Doesn't Continue In Perpetuity: Delhi High Court
The Delhi High Court has observed that compassionate appointment cannot be sought long after the death of a family's bread winner and is not a right which continues in perpetuity. A division bench comprising Justice C Hari Shankar and Justice Om Prakash Shukla observed that compassionate appointment caters to a very specific exigency, which dies with efflux of time.“Compassionate...
2019 Anaj Mandi Fire: Delhi High Court Upholds Framing Of Charges Against Building Owner Citing Absence Of Safety Mechanisms
The Delhi High Court has upheld a trial court order framing charges against one the owners of a building situated in city's Anaj Mandi area of Sadar Bazar which caught massive fire in the early hours of December 08, 2019, claiming lives of 45 individuals, mostly labourers. Justice Swarana Kanta Sharma observed that the accused- Mohd. Imran, was the owner of a portion of the fourth floor as...
'Corroding Nation's Economic Fabric': Delhi High Court Denies Bail To Ex-DHFL Chairman Kapil Wadhawan In ₹34,926 Crore Bank Fraud Case
The Delhi High Court on Monday (August 04) denied bail to former Chairman of the erstwhile Dewan Housing Finance Corp Ltd (DHFL) Kapil Wadhawan in a case related to the alleged multi-crore loan scam.Justice Ravinder Dudeja observed that Wadhawan was at the helm of a conspiracy that resulted in the diversion and misappropriation of approximately ₹34,926.77 crores from a consortium of 17...
S.60(1)(ccc) CPC | Delhi High Court Stays Auction Sale Of Man's Ancestral Property Over Maintenance Dues
The Delhi High Court has stayed a Magistrate Court order directing auction of husband's alleged share in a family property, in the execution petition filed by his wife seeking payment of maintenance.This was after the husband cited violation of Section 60(1)(ccc) CPC, which prescribes that every person has a right to reside and there cannot be an execution against the only dwelling house which...