Delhi High Court
Delhi High Court Weekly Round-Up: August 19 To August 25, 2024
Citations 2024 LiveLaw (Del) 917 to 2024 LiveLaw (Del) 933NOMINAL INDEXVedanta Limited Versus ACIT 2024 LiveLaw (Del) 917 Shree Bhavani Power Projects Pvt. Ltd. Versus ITO 2024 LiveLaw (Del) 918 JagatMitra Foundation v Union of India through the Ministry of Health and Family Welfare and Ors. 2024 LiveLaw (Del) 919 SBC Minerals Pvt. Ltd. Versus Assistant Commissioner Of Income Tax 2024...
Court's Role Under Section 11(5) Or 11(6) Of Arbitration Act Limited To Verifying Arbitration Agreement And Timely Filing: Delhi High Court
The Delhi High Court bench of Justice C. Hari Shankar has held when a Court exercises jurisdiction under Section 11(5) or Section 11(6) of the Arbitration and Conciliation Act, 1996, it has to only ensure the existence of an arbitration agreement between the parties and to confirm that the petition under these sections has been filed within three years of the service of a Section...
AO Ought To Grant TDS Credit In Compliance Of ITAT's Directions: Delhi High Court
The Delhi High Court has held that the Assessing Officer (AO) ought to grant TDS credit in compliance with the Income Tax Appellate Tribunal's (ITAT's) directions.The bench of Justice Yashwant Varma and Justice Ravinder Dudeja has observed that the Tribunal had framed an unequivocal direction for the AO to verify and attend to the grievance of short credit of TDS, bearing in mind what...
Delhi High Court Issues Directions For 'Accessible' EWS/DG Category Admissions In Private Unaided Recognized Schools
The Delhi High Court on Thursday issued a slew of directions to ensure “respectful and accessible” admissions of students in all private unaided recognized schools under the EWS/DG category in the national capital.Justice Swarana Kanta also directed all the stakeholders to ensure that there is a seamless merger of EWS and non-EWS students in the schools, as per the spirit of Right...
[Cheque Dishonour] Accused Often Get Away Due To Lack Of Evidence, Courts Must Acknowledge Friendly Cash Loans Between Parties: Delhi HC
While hearing a matter on cheque bounce under the Negotiable Instruments (NI) Act, the Delhi High Court recently said that it would be prudent for courts to acknowledge that friendly cash loans are provided between parties without an existing document trail, with accused often getting acquitted because the complainant is unable to prove the existence of a debt. A single judge bench of...
Delhi High Court Directs Man To Put Apology For Posting 'Offensive Tweet' Against Alt News' Mohd Zubair
The Delhi High Court on Thursday directed a man named Jagdish Singh to put an apology on X Corp, formerly Twitter, for posting an “offensive tweet” against Alt News co founder Mohammed Zubair by calling him a “jihadi” in 2020.Justice Anup Jairam Bhambhani directed Singh to post the apology on his Twitter handle within a week which is to be retained there for atleast two months.The...
Delhi High Court Issues Notice On Plea Against Appointment Of Union Bank Executive Director Over Sexual Harassment Allegations
The Delhi High Court on Thursday issued notice on a public interest litigation (PIL) against the appointment of Pankaj Dwivedi as the Executive Director of Union Bank of India over sexual harassment allegations by a woman. Dwivedi was appointed as the Executive Director of Union Bank of India on March 27. The appointment is for a tenure of three years. A division bench comprising of Acting...
Section 29A Time Limit Does Not Apply To Arbitral Proceedings Commenced Before 2015 Amendment: Delhi High Court
The Delhi High Court bench of Justice Prateek Jalan has held that time limit under Section 29A of the Arbitration and Conciliation Act is not applicable to arbitral proceedings “commenced” as per Section 21 prior to 2015 amendment. The bench held the “commencement” of proceedings is the relevant yardstick for determining applicability of the Section 29A after 2015 amendment...
Delhi High Court Refers Employment Agreement Dispute Between BharatPe, Ashneer Grover To Arbitration
The Delhi High Court on Thursday referred to arbitration the dispute between former Managing Director of BharatPe, Ashneer Grover, and the fintech company concerning an employment agreement entered between them in August 2021. Justice C Hari Shankar passed the order for the appointment of a sole arbitrator to resolve the dispute. The order was passed in a plea filed by BharatPe seeking...
Court Has Power To Grant Anti-Enforcement Injunction Against Proceedings In Foreign Court Which Threaten Arbitral Process Initiated In India: Delhi High Court
The Delhi High Court bench of Justice C. Hari Shankar has held that when proceedings in a foreign court, or a decree issued by a foreign court, threaten the arbitral process that may be initiated in India, the court has the authority under Section 9 of the Arbitration Act to restrain the party from continuing with the foreign proceedings or enforcing the...
Consumer Protection Regulations Must Be Interpreted To Align With Overarching Goal Of RTI Act: Delhi High Court
The Delhi High Court observed that the absence of explicit prohibition on third parties from accessing information related to proceedings under the Consumer Protection Regulations, 2005 as a gap in the regulatory framework and this the Regulations should be interpreted in line with the RTI Act's goal of enhancing transparency.It further observed that third parties must provide detailed...
Delhi High Court Allows Medical Termination Of Pregnancy For Woman In Live-In-Relationship
The Delhi High Court has recently permitted a 27-year-old woman, a single mother abandoned by her husband, to undergo medical termination of a 22-week pregnancy arising from a live-in relationship.Justice Sanjeev Narula reiterated that a pregnant woman's bodily autonomy and right of self-determination is an intrinsic part of her fundamental rights enshrined under Article 21 of...