Delhi High Court
High Court Seeks Response Of Centre, Delhi Govt On PIL Alleging Traffic Violations By E-Commerce Delivery Riders
The Delhi High Court on Wednesday has sought response of the Central Government and Delhi Government on a public interest litigation alleging traffic violations by e-commerce platform delivery personnel. A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela directed the Union Ministry of Road Transport and Highways, Delhi Government's transport department and...
India-UK DTAA | Consideration For Availing Services That Require Technical Expertise Not FTS Unless Recipient Absorbs Technology: Delhi HC
The Delhi High Court has made it clear that consideration paid for merely availing services that require technical expertise would not qualify as 'Fees for Technical Service' under Article 13 of the India-UK DTAA.A division bench of Justices Vibhu Bakhru and Tejas Karia observed that unless the recipient absorbs the technology and exploits it independently, it cannot qualify as 'FTS' which...
Delhi High Court Orders Wipro To Pay ₹2 Lakh To Employee For Defamatory Remarks In Termination Letter
The Delhi High Court has expunged defamatory remarks made against the character of an employee working with Wipro Limited from his termination letter. Justice Purushaindra Kumar Kaurav also awarded Rs. 2 lakh compensatory damages in favour of the employee to redress the reputational harm, emotional hardship and loss of his professional credibility. “Further, a fresh termination letter shall...
Penalty U/S 122(1A) GST Act Can Be Imposed Retrospectively Even If SCN Was Issued After Its Enactment: Delhi High Court
The Delhi High Court has made it clear that Section 122(1A) of the Goods and Services Tax Act 2017 can be imposed retrospectively, provided the show cause notice had been issued to the assessee when the provision was introduced.Section 122 contemplates penalties for certain offences under the GST Act, including fraudulent availment of input tax credit.Section 122(1A) was introduced by the...
Judicial Institution May Evolve But Its Integrity And Independence Must Remain Constant: Justice Vibhu Bakhru Bids Farewell To Delhi High Court
Justice Vibhu Bakhru on Wednesday bid farewell to the Delhi High Court on his elevation as the Chief Justice of Karnataka High Court.In his farewell speech, Justice Bakhru said that the judicial institution evolves but the integrity, empathy and independence, which is its core, must remain constant.“The institution evolves, but at its core, integrity, independence and empathy must...
Make Ad-Hoc Appointments To Posts Of Public Prosecutors Pending Regular Recruitment: High Court To Delhi Govt
The Delhi High Court has directed the Delhi Government to take steps to make ad-hoc appointments to the post of Additional Public Prosecutors or Assistant Public Prosecutors in the criminal courts, pending regular recruitment. A division bench comprising Chief Justice DK Upadhyaya and Justice Anish Dayal directed that steps for making the alternative arrangement of ad-hoc appointment, either...
Frame SOP To Avoid Unnecessary References To Forensic Labs In Criminal Cases: High Court To Centre, Delhi Govt
The Delhi High Court has recently directed the Union and Delhi Governments to take a decision on framing a standard operating procedure (SOP) or guidelines to avoid unnecessary references being made to the forensic science laboratories (FSLs). A division bench comprising Chief Justice DK Upadhyaya and Justice Anish Dayal directed the Union of India and Delhi Government to take a decision...
Delhi High Court Deprecates Investigating Officer Appearing Without Case Diaries, Grants Bail In Murder Case
The Delhi High Court has granted bail to a man accused in a murder case while strongly deprecating the conduct of an investigating officer who appeared in Court without proper case file and diaries. “To begin with, it is strongly deprecated that in order to oppose the liberty of an individual, the Investigating Officer has appeared without the original police file or Case Diaries. It is...
Self-Declared Information On Matrimonial Site Not Admissible Proof Of Income: Delhi High Court
The Delhi High Court has observed that any “self-declared information” made on a matrimonial portal, without verification or corroborative evidence, cannot be treated as reliable or admissible proof of income. Justice Swarana Kanta Sharma said that a court of law cannot rely upon a declaration made by a person on a matrimonial website.The bench thus rejected a wife's plea challenging a...
Domestic Violence Act Doesn't Distinguish Between First Or Subsequent Marriage For Maintenance: Delhi High Court
The Delhi High Court has observed that the Domestic Violence Act does not distinguish between a first or subsequent marriage for the purpose of entitlement to maintenance.While dealing with a maintenance dispute, Justice Swarana Kanta Sharma rejected a husband's submission that the wife's marriage with him was her second marriage and that she had children from a previous marriage. The...
No Bar On Re-Arrest Of Accused After Procedural Defects Of Prior 'Illegal Arrest' Are Cured: Delhi High Court
The Delhi High Court has ruled that there is no statutory or judicial bar on re-arrest of an accused after curing the procedural defects of a prior illegal arrest. Justice Swarana Kanta Sharma said that a lapse or omission on the part of the investigating agency, whether inadvertent or deliberate, cannot result in a blanket immunity to the accused against any future arrest in the same case....
Delhi HC Issues Notice On NCBs Plea Challenging Direction To Disclose Mobile Location Details Of Officer Probing Drugs Case
The Delhi High Court recently issued notice on a petition moved by the Narcotics Control Bureau against a special court order directing disclosure of the mobile location details of an investigating officer probing a drugs case.Justice Ravinder Dudeja has directed the Respondent, who had sought preservation and disclosure of Cell Location ID charts and mobile data of the IO under Section 94...