Delhi High Court
Revisional Power U/S 25B(8) Delhi Rent Control Act Is Supervisory In Nature, HC Can't Revisit Factual Findings: High Court
The Delhi High Court has reiterated that its revisional jurisdiction under Section 25B(8) of the Delhi Rent Control Act is supervisory in nature and does not permit reappreciation of evidence or revisiting factual findings recorded by the Rent Controller.Justice Anup Jairam Bhambhani made the observation while dismissing a tenant's revision petition challenging eviction on the ground...
Delhi High Court Stays Direction Mandating Second Level Human Review Of Rejected RBI Ombudsman Complaints
The Delhi High Court on Thursday stayed a direction issued by a single judge requiring that complaints finally rejected by the Reserve Bank of India (RBI) Ombudsman must undergo a second level of human supervision by legally trained personnel, such as retired judicial officers or lawyers with at least ten years' experience. A division bench comprising Chief Justice DK Upadhyaya and Justice...
Obtaining Diplomatic Passport For Live-In Partner, Children Not 'Grave Misconduct' If Facts Known To Department: Delhi High Court
The Delhi High Court has held that obtaining diplomatic passports for a live-in partner and children born from such a relationship does not amount to “grave misconduct” warranting withholding of employee's pensionary benefits, where the relationship and family circumstances were consistently disclosed to the department.A Division Bench of Justices Navin Chawla and Madhu Jain thus...
Belated Deposit Of TDS Doesn't Extinguish Criminal Liability Under Income Tax Act: Delhi High Court
The Delhi High Court has held that the subsequent or belated deposit of tax deducted at source (TDS) does not absolve an assessee or company officials of criminal liability under Section 276B of the Income Tax Act, 1961.Justice Amit Mahajan thus dismissed the petition filed by a company's Managing Director, seeking quashing of a criminal complaint and summoning order in a case relating to...
Delhi High Court Orders Status Quo On ONGC Takeover Of Vedanta's Gujarat Offshore Oil Block
The Delhi High Court on Tuesday ordered a status quo on the government's move to take over an offshore oil block in Gujarat operated by Vedanta Ltd., effectively pausing the Centre's direction asking the company to stop operations and hand over the block to ONGC. A single-judge bench of Justice Amit Sharma declined the Union government's request to have Vedanta's challenge thrown out at...
Civil Service Rules | Examining Sexual Harassment Complainant In Absence Of Accused, Without ICC Report Vitiates Disciplinary Action: Delhi HC
The Delhi High Court has held that disciplinary proceedings under Rule 14(2) of the Central Civil Services (Classification, Control and Appeal) Rules 1965, which are founded on an Internal Complaints Committee (ICC) inquiry, stand vitiated where complainants are examined in the absence of the delinquent employee.A Division Bench of Justices Navin Chawla and Madhu Jain thus dismissed...
Director's Assurance Of Payment In Ordinary Business Can't Automatically Attract Cheating Charge: Delhi High Court
The Delhi High Court has held that a director's assurance of payment given in the ordinary course of a commercial transaction cannot, by itself, be treated as fraudulent inducement so as to attract the offence of Cheating under Section 420 IPC.Justice Neena Bansal Krishna made the observation while quashing criminal proceedings against a Managing Director who had been charged with cheating...
Delhi High Court Directs Special Committee To Decide Lawyers' Plea To Include Their Names In Electoral Roll For BCD Polls
The Delhi High Court has directed the Special Committee of the Bar Council of Delhi (BCD) to decide a representation filed by three lawyers seeking addition of their names in the electoral roll for the ensuing elections.Justice Amit Bansal directed the lawyers to file a representation before the Special Committee by January 08, which shall be considered and decided on or before January...
Delhi High Court Refuses To Quash Reassessment Against Homebuyer Over Alleged Cash Payment To Builder
The Delhi High Court has refused to interfere with reassessment proceedings initiated against a taxpayer after documents seized from real estate group Bhutani Infra allegedly reflected a cash transaction linked to a flat purchase.A Division Bench of Justices Dinesh Mehta and Vinod Kumar observed that the notice issued under Section 148 of the Income Tax Act cannot be termed as...
Only State Or Accused Can Seek Directions For Speedy Trial In Police-Report Cases, Not Victim: Delhi High Court
The Delhi High Court has held that in cases arising out of a police report, only the State or the accused has the locus to seek directions for expeditious disposal of the trial.Justice Girish Kathpalia clarified that a de facto complainant or victim cannot maintain such a plea.The bench observed,“the subject case being a State case, role of the complainant de facto is limited to being a...
Can Service Tax Be Levied On Transfer of Development Rights? Delhi High Court To Decide
The Delhi High Court on Monday took up a Revenue appeal that squarely raises the question of whether the transfer of development rights constitutes a taxable service under the Finance Act, 1994. A Division Bench of Justices Nitin Wasudeo Sambre and Ajay Digpaul issued notice in an appeal filed by the Service Tax Department against an order of the Delhi Customs, Excise and Service Tax...
State Alone Can Appeal Against Acquittal In Police-Report Cases, Third Party Lacks Locus: Delhi High Court
The Delhi High Court has held that in criminal cases arising out of a police report, the right to file an appeal against acquittal vests exclusively with the State.Justice Amit Mahajan held that a third party cannot maintain such an appeal by invoking the proviso to Section 372 CrPC, unless she qualifies as a “victim” under the statutory definition.The bench observed,“At the outset, it...