CLAT 2025 : Delhi High Court Finds Two Answers 'Demonstrably Wrong', Directs To Revise Results Of Petitioner

The Delhi High Court has held that the law does not commend a total 'hands off' approach for Courts where the answer key is demonstrably wrong, underscoring that injustice caused to a candidate must be undone. Justice Jyoti Singh observed that there is no absolute proscription against a Court examining a challenge to the answer key in an examination process, even if there is an expert opinion before the Court.“Therefore, the law does not commend a total 'hands off' approach and in...

No Reason To Continue Criminal Proceedings If Accused Is Exonerated For Same Charges In Disciplinary Proceedings: Delhi High Court

While quashing a First Information Report (FIR) against an accused, the Delhi High Court reiterated that if an accused is found innocent in disciplinary proceedings and the same charges are levelled in the criminal case, then there is no justifiable reason to continue the criminal proceedings.Referring to various decisions of the Supreme Court and the high court Justice Vikas Mahajan said:“...if an accused has been exonerated and held innocent in the departmental proceedings after the...

'Hiring' Of Helicopters By Andaman & Nicobar Admin Not Exigible To Tax Under Central Sales Tax Act: Delhi High Court

The Delhi High Court has held that the supply of helicopters by Pawan Hans Ltd. to the Andaman & Nicobar Islands administration, under an agreement executed in the year 2003, is not exigible to tax under the Central Sales Tax Act, 1956. A division bench of Justices Yashwant Varma and Ravinder Dudeja reasoned that the agreement did not qualify as a 'sale' between...

Memorandum Of Family Settlement Did Not Require Registration: Delhi High Court Dismisses Appeal U/S 34 Of Arbitration Act

The Delhi High Court Bench of Justice Rekha Palli and Justice Saurabh Banerjee has held that the Single Judge has, without interfering with the factual findings arrived at by the learned Arbitrator, correctly applied the settled legal position to the MFS, by holding that the same being a record of prior oral partition of the properties between all the sons of late Mr. Amarnath Bajaj,...

'Resignation During Pendency Of Inquiry Or Investigation Is Generally Not Accepted', Delhi High Court

A Division Bench of the Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur while dismissing the Petition of an Army Officer held that resignation during the pendency of inquiry or investigation could generally not be accepted regardless of whether the Petitioner was suspended or not. Observing that being unauthorizedly absent from duty reflect poorly on the...

Prima Facie Disturbed Harmony In Society: Delhi HC Refuses To Quash FIR Against DU Professor Over Post Relating To Gyanvapi Mosque

The Delhi High Court has refused to quash an FIR registered against Ratan Lal, a professor of history at Delhi University, over a social media post in relation to the controversy regarding Gyanvapi Mosque prima facie observing that he had created disturbance of harmony in the society. In 2022, posted on Twitter and Facebook regarding the presence of Shiva Linga like structure found in...

GST | Delhi HC Orders Refund Of Service Tax Paid On Ocean Freight, Cites Gujarat HC Judgment Declaring It Unconstitutional

The Delhi High Court on Thursday ordered the GST Department to refund the service tax paid by certain importers on ocean freight (transportation of goods by vessel). In doing so, a division bench Justices Yashwant Varma and Dharmesh Sharma cited the Gujarat High Court's judgment in M/s Sal Steel Ltd. & Anr. vs. Union of India (2019) where it was declared that levy of service tax...

Delhi Riots UAPA Case: High Court To Hear Bail Pleas Of Umar Khalid, Sharjeel Imam On January 07

The Delhi High Court will hear on January 07, 2025, the bail pleas filed by Umar Khalid, Sharjeel Imam and other accused persons in connection with the UAPA case alleging a larger conspiracy related to the 2020 North-East Delhi riots.A division bench comprising of Justice Navin Chawla and Justice Shalinder Kaur adjourned the matter after SPP Amit Prasad appearing for Delhi Police,...

[Delhi Rent Control Act] Leave To Defend Cannot Be Granted On Mere Asking Of Tenant: Delhi High Court Reiterates

While quashing a Trial Court's order granting leave to defend to a tenant in an eviction petition, the Delhi High Court has observed that when the landlord placed medical records of his various illnesses and the site plan of premises showed lack of alternate accommodation, the Trial Court should not have considered them as triable issues.In doing so, the High Court reiterated the...

Delhi High Court Protects Personality Rights Of Journalist Rajat Sharma, Orders Take Down Of Deepfake Content

The Delhi High Court has protected the personality rights of senior journalist Rajat Sharma and ordered take down of content generated against him through artificial intelligence and deepfake technology. Justice Amit Bansal restrained 8 defendant individuals and entities from directly or indirectly misusing, misappropriating or exploiting the name, likeness, image, voice, photos, videos etc...

DTAA | Foreign Company Providing Software To Its Agents In India Doesn't Mean It Has 'Permanent Establishment' In India: Delhi HC

The Delhi High Court has held that 'software' being an intangible property, cannot alone constitute 'Permanent Establishment' (PE) of a foreign entity in India. PE is defined under Article 5 of the Double Taxation Avoidance Agreement (DTAA) between India and the United States of America as- a fixed place of business through which businesses of an enterprise are wholly or partly...

[Taxation Law] Market Research, Promotional Activities, Training Or Deployment Of Software Are 'Auxiliary Functions' Under DTAA: Delhi HC

The Delhi High Court has reiterated that “activities such as market research, promotional activities, training or deployment of software would clearly not breach the threshold of auxiliary functions as are envisaged under the DTAA.” Double Taxation Avoidance Agreement (DTAA) was signed between India and the US to prevent International Double Taxation and...