Delhi High Court
Failure Of Dept. To Comply With ITAT's Order: Delhi High Court Directs Dept. To Remove Demands, Penalty From ITBA portal
The Delhi High Court has held that the Department has failed to comply with Income Tax Appellate Tribunal's (ITAT's) Order in passing a fresh assessment order within the stipulated time.The bench of Justice Yashwant Varma and Justice Purushaindra Kumar Kaurav has observed that the underlying rationale of the Legislature behind the enactment of Section 153(3) of the Income Tax Act and setting...
NFAC Can't Sustain Invocation Of Penalty Proceedings Based On Their Own Failure To Lodge Claim Under IBC Within Time: Delhi High Court
The Delhi High Court has held that the National Faceless Assessment Centre (NFAC) cannot sustain invocation of penalty proceedings based on their own failure to lodge a claim under the Insolvency and Bankruptcy Code (IBC) within time.The bench of Justice Yashwant Varma and Justice Purushaindra Kumar Kaurav has observed that, as per Section 144B of the Income Tax Act, proceedings for...
Delhi High Court Quashes Centre's Circular Banning Sale And Breeding Of 'Dangerous & Ferocious Dogs'
The Delhi High Court has quashed a circular issued by the Union Ministry of Fisheries, Animal Husbandry and Dairying, Department of Animal Husbandry and Dairying prohibiting the import, breeding and selling of several “dangerous and ferocious” dog breeds. A division bench comprising of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora quashed the circular issued on March...
An Arbitration Award With Contradictory Findings Is Liable To Be Set Aside Under Section 34 Of The A&C Act: Delhi High Court
The High Court of Delhi has held that an arbitration award, in which the tribunal rendered findings contrary to its own observations, falls within the rubric 'Public Policy' under Section 34 of the Act. The bench of Justice Chandra Dhari Singh also held that in a situation wherein the arbitral tribunal has given conflicting awards on an identical issue involving the same parties and...
Non-Adjudication Upon An Issue Going To The Root Of The Matter Would Make The Arbitral Award Opposed To 'Public Policy': Delhi High Court
The High Court of Delhi has held that non-adjudication, by the arbitral tribunal, upon an issue that goes to the root of the matter would make the arbitral award opposed to public policy. It held that such an award would be set aside under Section 34 of the A&C Act. The bench of Justice Chandra Dhari Singh held that once the tribunal duly notes the submissions of a party on an...
PIL In Delhi High Court To Allow CM Arvind Kejriwal To Run Govt From Jail, Restrain Media From Airing Sensational Headlines
A public interest litigation has been filed before the Delhi High Court for allowing Chief Minister Arvind Kejriwal, who is in judicial custody in the liquor policy case, to run the government from jail. The plea moved by Shrikant Prasad, an advocate by profession, seeks for necessary arrangements for Kejriwal to interact with cabinet ministers through virtual conferencing. It seeks to...
Proceedings Under SARFAESI Act And RDDB Act Are Complimentary, Can Continue Parallelly: Delhi High Court
The High Court of Delhi has held that proceedings under SARFAESI Act and RDDB Act are complimentary to each other and both the proceedings can continue parallelly. The bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora held that since both the proceedings are complimentary, there would be no application of principle of election of remedies and the...
Delhi High Court Issues Notice On DRT Presiding Officer's Plea Challenging Suspension Due To Allegedly Long Adjournments, Rude Behaviour
The Delhi High Court has issued notice on a plea moved by MM Dhonchak, Presiding Officer of Debts Recovery Tribunal (DRT), Chandigarh, challenging his suspension, claiming that the action is illegal, unreasonable and arbitrary.Justice Tushar Rao Gedela sought a response from the Union of India through the Ministry of Finance, department of financial services, within four weeks. Dhonchak...
Thorough Probe In Death Of Man Forced To Sing 'Vande Mataram' During Delhi Riots Must Not Be Delayed Further: Mother To High Court
The mother of a 23 year-old Faizan, who was forced to sing Vande Mataram during the 2020 North-East Delhi riots, has told Delhi High Court that a thorough investigation in relation to her son's death brooks “no further delay.”The incident relates to a video that had gone viral on social media wherein Faizan was seen allegedly being beaten by the police, along with four other men, while...
If A Lover Commits Suicide Due To Love Failure, Lady Cannot Be Held For Abetment Of Suicide: Delhi High Court
The Delhi High Court has observed that where a lover commits suicide due to love failure, the lady cannot be held to have abetted the commission of suicide of the man. Justice Amit Mahajan ruled that for the wrong decision taken by a man of weak or frail mentality, another person cannot be blamed as having abetted his committing suicide.“If a lover commits suicide due to love failure, if...
'Central Delhi Court Bar Association' Shall Be Recognized As Court Annexed Bar Association For Rouse Avenue Court: Delhi High Court
The Delhi High Court has ruled that the Central Delhi Court Bar Association shall be the recognized as the Court annexed Bar Association for the Rouse Avenue District Court Complex in the national capital. “This, we hold is dehors the power of the Bar Council of Delhi to constitute a Bar Association under the Bar Association (Constitution, Recognition & Conduct of Election) Rules,...
Defamation: Delhi High Court Directs Take Down Of Tweets Against Senior Advocate Gaurav Bhatia, Orders YouTube Videos To Be Made Private
The Delhi High Court on Tuesday passed an ad-interim injunction order in favour of Senior Advocate Gaurav Bhatia in his defamation suit against various YouTube channels and X users for posting allegedly “defamatory content” against him over an assault on him last month during a lawyer's strike at the Gautam Budh Nagar District & Sessions Court.Justice Neena Bansal Krishna disposed...