Wife Of Judgment-Debtor Not Stranger To Decree, Can't Invoke Order XXI Rule 99 CPC: Delhi High Court

The Delhi High Court has made it clear that Order XXI Rule 99 of CPC cannot be invoked by a Judgment-Debtor, including their spouse, since it is only meant to enable a 'stranger' to the suit to seek relief.The provision stipulates that where any person, other than the judgment-debtor, is dispossessed of immovable property by the holder of a decree for possession of such property, he may make...

TDS Default | Higher Compounding Fees On Second Plea Not Applicable If First Application Was Rejected: Delhi High Court

The Delhi High Court has held that the higher rate of 5% interest to be paid when an assessee moves second plea for compounding the offence of failure to pay Tax Deductible at Source (TDS), is not applicable if their first plea was simply rejected.A division bench of Justices V. Kameswar Rao and Vinod Kumar observed,“5% is only chargeable when the earlier offence has been compounded. This...

Passenger's Non-Appearance For Appraising Seized Goods Doesn't Stop Limitation For Issuing SCN: Delhi High Court Tells Customs

The Delhi High Court has made it clear that the Customs Department cannot exceed the limitation period prescribed for issuance of show cause notice after detention of goods, merely on the ground that the person from whom goods were seized did not appear for appraisement.A division bench of Justices Prathiba M. Singh and Shail Jain observed,“non-appearance for appraisement does not stop...

Whistleblowing Activities Don't Make Employee 'Immune' From Transfer: Delhi High Court

The Delhi High Court has held that an internal whistleblower in an organisation cannot forever immunize himself against transfer, by merely leveling allegations of vengeance against the officials.A division bench of Justices C. Hari Shankar and Om Prakash Shukla observed that accepting the contrary would,"[It cannot] amount to holding that, by leveling allegations against the officials of...

Arbitrator's Decision To Defer Compliance With Essential Pre-Condition In Agreement Amounted To Rewriting Contract, Vitiated It: Delhi HC

The Delhi High Court Bench of Justice Jasmeet Singh while allowing a petition under Section 34, Arbitration and Conciliation Act (“ACA”) observed that when the contract required the bidder to establish an office in India as a pre-requisite to performance, the decision by the Arbitrator holding that compliance could be deferred, amounted to rewriting the contract. Such a holding...

'Robe May Rest But Responsibilities Don't': Justice Shalinder Kaur Bids Farewell To Delhi High Court

Justice Shalinder Kaur bid farewell to the Delhi High Court on Wednesday, saying that the robe may rest but the responsibilities don't. “If I leave behind anything, I hope it is few words written compassion, a few orders passed with conviction and a career defined by hard work and integrity,” the judge said. Justice Kaur joined the Delhi Judicial Service in 1992 and was promoted to the...

Delhi High Court Grants Interim Relief To Castrol Over '3X Protection' Trademark On Engine Oil Packaging

The Delhi High Court has restrained one Sanjay Sonavane from issuing any groundless threats of Trademark/ Copyright infringement to Castrol Limited, which uses '3X Protection' mark on its engine oil packaging, over purported infringement of the former's 3P Marks.Justice Tejas Karia observed that Castrol has made out a prima facie case in its favour that the threats issued by the Defendants...

Supreme Court Judge Urges Delhi High Court To Commence Live Streaming, Says Justice Must Be Accessible Across Board

Supreme Court judge, Justice Vikram Nath on Wednesday urged the Delhi High Court judges to commence live streaming of court proceedings. “Delhi High Court has still not gone online. Live streaming is not here in Delhi…Delhi High Court must go [live]. It is the premier institution of the country. Delhi high court must, that's my request,” he said. Justice Nath inaugurated the Delhi...

Joining Within Extended Period Entitles Employee To Seniority From Original Appointment Date: Delhi HC

A Division bench of the Delhi High Court comprising Justice Navin Chawla and Justice Madhu Jain held that if an appointee joins service within the period extended by a competent authority or by court orders, such joining is deemed to be within the stipulated time in the offer of appointment, and seniority must be reckoned from the original appointment date without any depression in...

[S.138 NI Act] Cheque Bounce Complaint Can Be Filed If Payment Is Not Made Within 15 Days: Delhi High Court

The Delhi High Court has dismissed a cheque drawer's contention that Section 138 Negotiable Instruments Act proceeding initiated against him is premature, since it was filed before the '45 days statutory notice period'.The Petitioner-drawer sought to combine the 15-days statutory notice period stipulated under Section 138 of the NI Act and the one-month limitation period prescribed under...

Govt Is Promoting Start-Up Culture, Customs Should Be Sensitive In Proceedings Against Them: Delhi High Court

The Delhi High Court has asked the Central Board of Indirect Taxes and Customs to consider whether some “preferential treatment” ought to be given to Start-ups and MSMEs in terms of timelines, warehousing and provisional release in cases of misdeclaration of goods, especially in case of low value consignments.A division bench of Justices Prathiba M. Singh and Shail Jain observed...

Delhi High Court Upholds CRPF's Decision To Reject Company's Bid In Tender For Procuring Sniper Rifles, Ammunitions

The Delhi High Court has upheld the decision of Central Reserve Police Force (CRPF) rejecting bid of a company in a tender for procuring 200 Sniper Rifles along with day scope and 20,000 Lapua Magnum Ammunitions. A division bench comprising Justice Manmeet Pritam Singh Arora and Justice Rajneesh Kumar Gupta observed that matters relating to tender has to be minimal and to be exercised only if...