Delhi High Court Rejects Inderpal Gaba's Challenge To NIA Arrest & Remand Over Protest At Indian High Commission In London

The Delhi High Court has rejected the plea to Inder Pal Singh Gaba, allegedly involved in the protest at the High Commission of India, London, United Kingdom, challenging his arrest by the National Investigation Agency (NIA) and seeking his release from custody.Gaba was charged under Section 13 of UAPA (punishment for unlawful activities), Section 3(1) of the Prevention of Damage to...

Time Spent In Bona Fide Proceedings Before Court Without Jurisdiction To Be Excluded When Considering Objection On Limitation In S.11 Plea: Delhi HC

The Delhi High Court bench comprising of Justice Subramonium Prasad, while hearing a Section 11 petition, has held that the petitioner's claim cannot be treated as dead one simply because they spent time on bona fide court proceedings before a court without jurisdiction. Facts The respondent issued a work order in favour of the petitioner for the design,...

Delhi High Court Denies Relief To Arms Dealer Sanjay Bhandari In Challenge To Fugitive Economic Offender Notice

The Delhi High Court has rejected the petition of arms dealer Sanjay Bhandari, accused of tax evasion and money laundering, challenging a Special Court's summoning order in relation to the Enforcement Directorate's declaration of him as a 'Fugitive Economic Offender'.A single judge Justice Dinesh Kumar Sharma remarked that Bhandari did not come to the Court with clean hands as he did not...

Defamation Suit: Delhi High Court Issues Summons To Users Who 'Edited' ANI's Wikipedia Page

The Delhi High Court on Thursday issued summons to three individuals who allegedly edited the Wikipedia page of news agency Asian News International (ANI). Justice Subramonium Prasad was dealing with the defamation suit filed by ANI against Wikimedia Foundation, which hosts Wikipedia platform. Earlier this week, a division bench had disposed of Wikipedia's appeal against the single judge's...

SCN, Penalty Order For TDS Violations Issued In Previous Name Of Company Is Clerical Error, Can Be Rectified U/S 292-B Of Income Tax Act: Delhi HC

The Delhi High Court has made it clear that incorrect mention of assessee's name in a notice issued to it for default in deduction of tax at source is a mere clerical error. A division bench of Justices Yashwant Varma and Ravinder Dudeja thus held that show cause notice and penalty order passed under the previous name of a company cannot be rendered void. “In the light of the...

What Legal Protections Should Be Granted To 'Blacklisted' OCI Cardholders Allegedly Involved In Anti-National Activities? Delhi HC Answers

The Delhi High Court has explained the legal protections afforded to Overseas Citizens of India (OCI) cardholders against whom backlisting orders are issued in circumstances involving allegations of anti-national activities against them.Justice Sanjeev Narula observed that since provisions of both Citizenship Act and Foreigners Act apply to OCI cardholders, a harmonious construction is...

When Is Action For Imposition Of Penalty 'Initiated' U/S 271C Of Income Tax Act For Failure To Deduct Tax At Source: Delhi HC Explains

The Delhi High Court recently explained when an action for imposition of penalty under Section 271C of the Income Tax Act, 1961 can be said to have been “initiated”. Section 217 states that if any person fails to deduct the whole or any part of the tax at source (TDS), he shall be liable to pay a penalty equal to the amount of the tax which he failed to deduct as aforesaid. The...

Scope Of Examination U/S 11 Of Arbitration Act Confined To Existence Of Arbitration Agreement: Delhi High Court

The Delhi High Court bench of Justice Sachin Datta affirmed that when a non-signatory person or entity is arrayed as a party at Section 8 or Section 11 stage of the Arbitration Act, the referral court should prima facie determine the validity or existence of the arbitration agreement, as the case may be, and complex issue like whether the non-signatory is bound by the arbitration...

Delhi High Court Presumes Man Dead Who Went 'Missing' During COVID-19 From LNJP Hospital, Grants ₹5 Lakh Compensation To Wife

Presuming a man dead who purportedly went missing during the second wave of COVID-19 pandemic from Lok Nayak Jai Prakash (LNJP Hospital, the Delhi High Court has recently granted Rs. 5 lakh ex-gratia compensation to his wife.A division bench comprising Justice Prathiba M Singh and Justice Amit Sharma clarified that the payment shall not be in any manner construed as a liability or admission...

Delhi High Court Issues Directions To Family Courts For Dissolution Of Muslim Marriage On Basis Of Talaq Nama, Mubarat Agreement, Etc.

The Delhi High Court has passed directions for guidance of family courts in the national capital while dealing with any petition filed under Section 7 of the Family Courts Act for dissolution of marriage through extra-judicial divorce under the Muslim Personal Law.A division bench comprising of Justice Rekha Palli and Justice Saurabh Banerjee directed that the Family Court, after issuing...

[S.263 IT Act] Revisionary Power Can Be Invoked When Order Meets Twin Conditions Of Being Erroneous, Prejudicial To Interest Of Revenue: Delhi HC

The Delhi High Court has held that in order to invoke Section 263 of the Income Tax Act, 1961, the Principal Commissioner must satisfy “twin conditions”, i.e. form an opinion that the order passed by the Assessing Officer is “erroneous” and “prejudicial” to the interests of the Revenue. The provision confers power of revision upon the Principal Commissioner or Commissioner,...

Multi-Clause Contracts Should Be Interpreted So That A View On Any Particular Clause Doesn't Violate Another Part Of The Contract: Delhi HC

The Delhi High Court bench of Justices Vibhhu Bakhru and Sachin Datta affirmed that the explicit terms of a contract are always the final word with regard to the intention of the parties. The multi-clause contract inter se the parties has, thus, to be understood and interpreted in a manner that any view, on a particular clause of the contract, should not do violence to another part of...