GST Registration Cancellation Passed Solely For Non-Filing Of Reply: Delhi High Court Remits The Matter For Re-Adjudication

The Delhi High Court has held that GST registration cancellation passed solely for non-filing of reply is unsustainable.The bench of Justice Sanjeev Sachdeva and Justice Ravinder Dudeja has observed that the matter was liable to be remitted to the proper officer for re-adjudication. The petitioner/assessee has challenged the order by which the Show Cause Notice proposing a demand of...

An Award Issued By Unilaterally Appointed Arbitrator Can Be Contested For Invalidity Of Appointment, Even By The Appointing Party: Delhi High Court

The High Court of Delhi has held that an award passed by a unilaterally appointed arbitrator can be challenged on ground of invalidity of such appointment and consequent lack of jurisdiction even by the party who made such an appointment. The bench of Justice Anup Jairam Bhambhani held that a defect of jurisdiction can be challenged at any stage since it goes to the power...

Delhi HC Acquits Two Men Sentenced To Life For Allegedly Committing Murder 26 Yrs Ago; Emphasizes Insufficiency of "Last Seen Together" Evidence

While overturning the conviction and life sentence of two individuals accused of a murder over 26 years ago, the Delhi High Court has acquitted them of all charges, while ruling that being "last seen together" with the victim is insufficient grounds for guilt.In their ruling on the appeals against the trial court's October 2001 decision, Justices Suresh Kumar Kait and Manoj Jain stated that...

Making Derogatory Complaints To Spouse's Employer To Harm Professional Reputation Amounts To Cruelty: Delhi High Court

The Delhi High Court has recently observed that making derogatory complaints to the employer of the spouse to harm professional reputation and financial well-being amounts to cruelty.A division bench comprising Justice Suresh Kumar Kait and Justice Neena Bansal Krishna said that making such complaints demonstrates a lack of mutual respect and goodwill, which is crucial for a healthy...

Delhi High Court Orders Implementation Of Immediate Measures To Optimize Existing Medical Resources In Govt Hospitals

The Delhi High Court has directed the Secretary and Principal Health Secretary of the Delhi Government to implement immediate measures for optimization of existing resources in various government hospitals in the national capital within 30 days as recommended by a six-member expert committee.A division bench comprising of Acting Chief Justice Manmohan and Justice Manmeet PS Arora directed the...

PIL In Delhi High Court Seeks Release Of CM Arvind Kejriwal On Interim Bail In All Pending Cases, Cites Safety Risk In Jail

A PIL has been filed before the Delhi High Court seeking release of Chief Minister Arvind Kejriwal on “extra ordinary interim bail” in all the criminal cases registered by against him, including the Enforcement Directorate (ED), which are pending for inquiry or trial, till completion of his tenure. Citing examples of killings of gangster Tillu Tajpuriya and Atiq Ahmed in custody, the PIL...

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...