Delhi High Court
Department Can't Withhold Refund In Terms Of S.54(11) GST Act Unless Appeal Against Refund Order Is Filed: Delhi High Court
The Delhi High Court has made it clear that the power to withhold refund under Section 54(11) of the Central Goods and Service Tax Act 2017 cannot be exercised by the Department in absence of an appeal against the refund order.The provision stipulates that where an order giving rise to a refund is the subject matter of an appeal and the Commissioner is of the opinion that grant of such refund...
Inherent Jurisdiction U/S 528 BNSS Can Be Exercised To Prevent Abuse Of Process, Not To Reopen Concluded Adjudication: Delhi High Court
The Delhi High Court has held that inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023 are available to it even if the bail plea preferred before it stands disposed of.Justice Arun Monga however clarified that the power can be exercised only to prevent abuse of the process of any Court or to secure the ends of justice but, it cannot be invoked to reopen/ rehear...
Govt Notifications Imposing Restrictions On Usage In Contracts For Supply Of Gas Are Laws Under Article 12, Must Be Complied With: Delhi HC
The Delhi High Court, while dismissing a Section 34 petition, observed that the five contracts entered into between the parties were subject to the restrictions imposed by the Government. By providing the gas at a subsidised price, the Government has the authority to regulate the use of such gas. The bench of Justice Subramonium Prasad held that the Ministry of Petroleum and Natural...
'Total Non-Application Of Mind': Delhi High Court On Dept's Rejection Of Trader's Plea For GST Cancellation, Subsequent Cancellation Order
The Delhi High Court recently expressed its disapproval with the GST Department for rejecting a trader's application for retrospective cancellation of his GST registration on medical grounds, and later cancelling his registration with retrospective effect.Stating that this approach reflects a “complete non-application of the mind”, a division bench of Justices Prathiba M. Singh and Shail...
Domestic Violence Offences With Intention To Kill Must Be Viewed With Seriousness, Marriage Not Mitigating Factor: Delhi High Court
The Delhi High Court has ruled that the offences of domestic violence with the intention to kill must be viewed with seriousness and marital relationship is not a mitigating factor in such cases.“Offences of domestic violence of such nature where the intention is to kill are to be viewed with seriousness and the marital relationship in such cases would be treated as aggravating and...
Woman's Right To Reside In Shared Household Can't Act As Sword To Create Proprietary Rights: Delhi High Court
The Delhi High Court has ruled that a woman's right to reside in a shared household under Section 17 of the Domestic Violence Act cannot act as a sword to create proprietary rights.“…the protection under Section 17(1) of the Act, 2005 acts as a shield against unlawful dispossession of a woman, not as a sword to create proprietary rights,” a division bench comprising Justice Anil...
'Greedy Investors Pumping Money Into Unsustainable Ventures Distort Market Balance, Must Be Prepared For Consequences': Delhi HC In Cheating Case
The Delhi High Court has held that investors, who gamble their money with impractical promises of “unbelievably high returns”, must own their risks instead of running to the State and crying foul when they face loss.“It may sound brutal but seems fair: if you choose greed, you choose risk; and if you choose risk, you choose consequences…Easy money is a trap. If the returns...
Import Of Counterfeit iPhones Dilutes Brand Equity, Affects Consumer Welfare: Delhi High Court In Customs Fraud Case
The Delhi High Court has expressed concern over alleged import of counterfeit iPhones, stating that such imports not only affect brand owners but also adversely affect consumer welfare— as old and used products could get re-branded as new ones.A division bench of Justices Prathiba M. Singh and Shail Jain thus observed,“Consumers in India may be made to pay more for used, second hand...
No Right To Ante-Dating Of Promotion Merely Because Post Remained Unfilled Despite Availability Of Eligible Candidate: Delhi High Court
The Delhi High Court has made it clear that an employee cannot claim right to antedating of promotion merely because he was promoted at a later point in time, keeping the vacant post unfilled without providing reasons.A division bench of Justices C. Hari Shankar and Ajay Digpaul observed,“At the outset, we reject the argument that a right to ante-dating of promotion arises in case a post...
Delhi High Court Sets Aside CIC Order Asking CBSE To Allow Inspection Of Former Minister Smriti Irani's Class 10, 12 Records
The Delhi High Court on Monday set aside an order passed by the Central Information Commission (CIC) asking CBSE to allow inspection of class X and XII records of former Union Minister Smriti Irani. Justice Sachin Datta observed that the right to information conferred under Section 3 of the RTI Act is not absolute but is subject to the exemptions enumerated under Section 8(1).“The mere act...
Educational Qualifications, Degrees Are 'Personal Information', Can't Be Disclosed Under RTI Act: Delhi High Court In PM Modi Degree Case
The Delhi High Court on Monday ruled that information pertaining to an individual's educational qualifications, including degrees and marks, is “personal information”, exempted from disclosure under the RTI Act.“Thus, it is unambiguously clear that the 'marks obtained', grades, and answer sheets etc. are in the nature of personal information and are protected under Section 8(1)(j) of...
Delhi High Court Sets Aside CIC Order Directing Disclosure Of Information On PM Modi's Degree
The Delhi High Court has set aside an order of the Central Information Commission (CIC) directing the Delhi University (DU) to disclos information with respect to the bachelor's degree of Prime Minister Narendra Modi.Justice Sachin Datta allowed DU's plea filed in 2017 against CIC's order which allowed inspection of records of the students who had passed BA programme in 1978, when Prime...