Delhi High Court
Delhi High Court Grants Interim Protection From Arrest To Former IAS Puja Khedkar Till August 21, Issues Notice On Anticipatory Bail Plea
The Delhi High Court on Monday granted interim protection from arrest till August 21 to former probationer IAS officer Puja Khedkar who is accused of “misrepresenting and falsifying facts" in her application for Union Public Service Commission (UPSC) Civil Services Examination, 2022.Justice Subramonium Prasad issued notice on Khedkar's anticipatory bail plea and sought response of Delhi...
Plea Before Delhi High Court Challenges Exclusion Of Section 377 IPC From Bharatiya Nyaya Sanhita
A petition has been filed before the Delhi High Court against the exclusion of Section 377 of now repealed Indian Penal Code, 1860, from the Bharatiya Nyaya Sanhita (BNS). The matter was mentioned today before a division bench comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela which allowed listing for tomorrow. Section 377 of IPC criminalised non-consensual carnal...
Settlement Consideration Liable To Be Recognized As “Capital Gains” And Not “Profits In Lieu Of Salary”: Delhi High Court
The Delhi High Court has held that the settlement consideration is liable to be recognized as capital gains and not “profits in lieu of salary.”.The bench of Justice Yashwant Varma and Justice Ravinder Dudeja has observed that the fundamental mistake which the Tribunal committed was failing to bear in mind the distinction between a “perquisite” and “profits in lieu of salary," both...
Revenue Department Can't Take Fresh Ground Which Was Not Disclosed To Taxpayer, While Passing Re-assessment U/s 148A(D): Delhi HC
Finding major flaw in the fundamental premise of the Revenue Department that the investment made by the taxpayer in shares amounted to “income” which has escaped assessment, the Delhi High Court quashed the reopening proceeding initiated u/s 148A. Observing that foundational material alone would be relevant for the purposes of evaluating whether reassessment powers...
Offence Of 'Penetrative Sexual Assault' Under POCSO Act Can Be Invoked Against Woman, Not Restricted To Male Offender: Delhi High Court
The Delhi High Court on Friday held that the offences of penetrative sexual assault and aggravated penetrative sexual assault under the POCSO Act are offences regardless of the gender of the offender and can be invoked against a woman also. Justice Anup Jairam Bhambhani held that the word “he” in Section 3 of the POCSCO Act (penetrative sexual assault) cannot be given a restrictive meaning...
Resolution Plan Approved Under IBC, Income Tax Reassessment Not Sustainable: Delhi High Court
The Delhi High Court has quashed the income tax assessment order and held that the statutory injunct which would operate in respect of any claim which may pertain to a period prior to the Resolution Plan being approved.The bench of Justice Yashwant Varma and Justice Ravinder Dudeja has observed that if a company is unable to pay its debts, which should include its statutory dues to the...
GST Registration Can't Be Cancelled On Unspecific Show Cause Notice: Delhi High Court
The Delhi High Court has held that the GST registration cannot be cancelled on cryptic allegations and on the basis of the Show Cause Notice, which did not state any specific allegation, which could be explained by the taxpayer.The bench of Justice Vibhu Bakhru and Justice Sachin Datta has observed that the order traveled beyond the scope of the Show Cause Notice and thus is passed in...
Yasin Malik Tells Delhi High Court He Will Argue Himself In NIA's Plea Seeking Death Penalty For Him
Kashmiri separatist leader Yasin Malik on Friday informed the Delhi High Court that he will argue in person and defend himself in the appeal moved by National Investigation Agency (NIA) seeking death penalty for him in a terror funding case.Malik was awarded a life sentence in the case by the trial court in May 2022. He had pleaded guilty in the case and did not contest the charges...
BJP Leader Shazia Ilmi Files Defamation Suit Against Journalist Rajdeep Sardesai Before Delhi High Court
Bhartiya Janata Party (BJP) leader Shazia Ilmi has filed a defamation suit before the Delhi High Court against journalist Rajdeep Sardesai over a video uploaded by him on social media platform X Corp, formerly Twitter, alleging that she abused a video journalist of India Today news channel during a televised debate.Justice Manmeet Pritam Singh Arora heard the matter today and asked Ilmi's...
Delhi High Court Orders Cancellation Of Nizamuddin Food Outlet's 'Andaaz-E-Nizaam' Trademark In Plea By 'Nizam's'
The Delhi High Court has recently ordered cancellation of a trademark registered in favour of a food outlet “Andaaz-e-Nizaam” in city's Nizamuddin area after a case was filed by an Indian restaurant chain “Nizam's”. Justice Mini Pushkarna directed the Registrar of Trademarks to remove or cancel the trademark “Andaaz-e-Nizaam” registered in favour of its owner Mehruddin Ansari...
Foreign National Can Reside In 'Shared Household' Under Domestic Violence Act Regardless Of Visa Status: Delhi High Court
The Delhi High Court has recently ruled that a woman being a foreign national can have a “shared household” with another person holding Indian citizenship regardless of her visa status under the Domestic Violence Act, 2005. Justice Anup Jairam Bhambhani said that the objective of framing the Domestic Violence Act has no connection with the citizenship of a woman. Observing that the court...
Former IAS Puja Khedkar Moves Delhi High Court Seeking Anticipatory Bail, Hearing Tomorrow
An anticipatory bail plea has been moved before the Delhi High Court by former probationer IAS officer Puja Khedkar who is accused of “misrepresenting and falsifying facts" in her application for Union Public Service Commission (UPSC) Civil Services Examination, 2022.The matter will be heard tomorrow by Justice Subramonium Prasad. Khedkar was denied bail by the trial court on August 01. On...