Delhi High Court
Delhi High Court Calls For Sensitization Of Trial Court Judges On Immediate Supply Of Conviction Orders To Accused
The Delhi High Court has called for the sensitization of all the judges of trial courts in the national capital to pronounce their judgments on conviction only when the order is ready and immediately provide a copy to the accused who has to be taken into custody.Justice Navin Chawla directed that the order be circulated to the Principal District and Sessions judges of all the District Courts...
Winding Up Proceedings On Nascent Stage , To Be Transferred To NCLT: Delhi High Court
The Delhi High Court bench of Justice Dharmesh Sharma held that winding up proceedings pending before High Courts, which are at a nascent stage and have not progressed to an advanced stage, ought to be transferred to the NCLT. The bench held that: “It is but evident that the present company petition has not yet reached an advanced stage and no substantive orders have been...
[IBC] Party Must Be Provided With All Requisite Documents That Form Basis Of Show Cause Notice: Delhi High Court
The Delhi High Court bench of Justice Mini Pushkarna held that the concerned party must be provided with all requisite documents that form the basis of Show Cause Notices (SCNs) by the banks. It held that this enables the party to submit a proper reply and address all allegations effectively. Without access to these underlying documents, the procedure of issuing an SCN and filing...
There Can't Be Piecemeal Disclosure Of Material On Which Prosecution Seeks To Base Its Case: Delhi High Court
The Delhi High Court has observed that there cannot be piecemeal disclosure of material on which the prosecution seeks to base its case.Justice Vikas Mahajan said that the requirement to disclose the entire incriminating material prior to framing of charge stems from the right of the accused of fair opportunity to meet the case of the prosecution and to effectively put forth the...
Victim Has Right To Participate In Trial But No Right To Be Impleaded In Criminal Revision: Delhi High Court
The Delhi High Court has observed that the right to be heard given to a victim or complainant in a criminal case cannot be uplifted to a right to be impleaded in a criminal revision.Justice Navin Chawla observed the right of the victim to participate in the trial and proceedings is not of a position where the victim replaces the Public Prosecutor.“The right would remain subordinate to that...
Delhi High Court Directs Trial Courts To Keep VC On During Court Hours, Issues Directions
Acting Chief Justice Manmohan of the Delhi High Court has issued an office order directing the trial courts in the national capital to keep on the Video Conferencing (VC) during the court hours. “The Video at the court end shall be switched ON. It shall be ensured that the Video Conferencing at courts' end shall not be kept mute unless the court directs otherwise as per the Office Order...
Once TPO Passed Order, AO Obliged To Pass An Assessment Order In Accordance With Section 92CA(4): Delhi High Court
The Delhi High Court has held that once the Transfer Pricing Officer (TPO) had proceeded to pass the order of October 17, 2017, all that the AO was obliged to do was pass an assessment order in accordance with the procedure prescribed in Section 92CA(4) of the Income Tax Act.“The prescription of nine months would also be applicable to a fresh order that is liable to be made in accordance...
Issues On Merits, Should Be Raised Before Arbitrator, Not In Section 11 Proceedings ; Delhi High Court
The Delhi High Court bench of Justice Neena Bansal Krishna held that objection regarding the insufficiency of service is considered to be on merits and therefore should be raised before the Arbitrator. Brief Facts: The petitioner, Delhivery Limited, and the Respondent, Far Left Retail Private Limited, entered into a Service Agreement, which later resulted in a dispute. The...
[CAPF Recruitment] Medical Board Shouldn't Examine Candidate Immediately After Few Days Of Tattoo Removal Surgery: Delhi High Court
The Delhi High Court bench of Justice V. Kameswar Rao and Justice Ravinder Dudeja has directed a re-examination of a CAPF candidate who was declared unfit even after tattoo removal surgery. It held that the Review Medical Board should not have examined the candidate immediately after a few days of surgery and should have given sufficient time to him to ensure the healing of the...
Grant Of Section 153D Approval Can't Be Merely Ritualistic Formality, Rather It Must Reflect Appropriate Application Of Mind: Delhi High Court
The Delhi High Court has held that a grant of approval under Section 153D of the Income Tax Act, 1961, cannot be merely a ritualistic formality or rubber stamping by the authority; rather, it must reflect an appropriate application of mind.The bench of Justice Yashwant Varma and Justice Purushaindra Kumar Kaurav has observed that a single approval has been granted for AYs 2011–12 to...
Delhi High Court Closes PIL On Pendency Of Cheque Bouncing Complaints In North District
The Delhi High Court has disposed of a Public Interest Litigation (PIL) on the issue of pendency of the cheque bouncing complaints filed under Section 138 of the Negotiable Instruments Act, 1881, in the Digital Courts in city's North District. A division bench comprising of Acting Chief Justice Manmohan and Justice Manmeet PS Arora closed the PIL which also sought framing of regulations...
Delhi High Court Refuses To Direct Bar Council Of India To Treat UK Law Degree Equal To Undergrad Course In India
The Delhi High Court has refused to direct the Bar Council of India (BCI) to treat the degree of a law graduate from the University of Hertfordshire in the United Kingdom as equivalent to an undergraduate course in India.Justice C Hari Shankar said that the Court cannot direct the BCI to provide any such certificate of equivalence. “Equivalence is a matter for academic bodies to decide...