Delhi High Court
Fresh Cause Of Action Cannot Accrue U/S 18 Of Limitation Act If Liability Is Acknowledged After Expiry Of Period Of Limitation: Delhi High Court
The Delhi High Court bench of Justices Subramonium Prasad and Harish Vaidyanathanshankar has held that for a valid acknowledgment under section 18 of the Limitation Act, 1963 certain essential requirements must be met. Firstly, the acknowledgment must be made before the relevant period of limitation has expired. Secondly, it must pertain specifically to the liability concerning the right...
BSF Constable Losing Left Eye In Militant Encounter; Delhi High Court Rejects Union's Opposition , Grants Lump Sum Compensation
Delhi High Court: A Division Bench consisting of Justices Navin Chawla and Shalinder Kaur allowed a writ petition filed by a retired BSF officer. The court directed the Union of India to provide lump sum compensation to the retired BSF officer, for a disability that he suffered in the line of duty. The Court held that he was entitled to compensation under Rule 9(3) of the Central...
Delhi High Court Orders Elections Of Roller Skating Federation To Be Conducted As Per National Sports Code, IOA Constitution
The Delhi High Court has ordered that the elections of the Roller Skating Federation of India shall be conducted in terms of the National Sports Code and the constitution of the Indian Olympic Association.Justice Mini Pushkarna was dealing with a plea filed by Gujarat State Roller Skating Association seeking that the election process initiated be declared null and void. It was alleged that...
Delhi Govt Implements SOP For Handling Bomb Threats In Schools, High Court Closes Contempt Plea
The Delhi High Court has closed a contempt petition after the Delhi Government's Director of Education implemented the Standard Operating Procedure (SOP) for handling bomb threats in schools in the national capital. Justice Anish Dayal noted that the SOP has been notified, along with the role of the Delhi Police duly delineated thereunder. The Court disposed of the contempt petition filed...
When Discharging Accused With Mental Retardation, Courts Must Consider Whether Release Poses Threat To Public Safety: Delhi High Court
The Delhi High Court has held that when a Court comes to a conclusion that an accused person is suffering from mental retardation and decides to discharge him, it must consider whether it is safe to release such accused in the society.It reasoned that while such persons may not be criminally liable in the conventional sense, they may still pose a threat to the society if not placed...
Motor Vehicle Rules | Absence Of Endorsement On Driving License For Transporting Hazardous Goods Doesn't Disentitle Trained Driver: Delhi High Court
The Delhi High Court has held that where there is no evidence that a goods carriage/ tanker was carrying hazardous material, the mere absence of an endorsement under Rule 9 of the Central Motor Vehicles Rules, 1989 cannot be construed as a breach of statutory conditions sufficient to grant recovery rights to the insurer.Justice Amit Mahajan observed, “A perusal of Rule 9 of the MV...
Maintenance Is Not A Favour, It's The Recognition Of Shared Parental Responsibility & Child's Right To Be Supported: Delhi High Court
The Delhi High Court has ruled that maintenance m is not a favour but is a recognition of shared parental responsibility, and of the child's right to be supported.“It is both appropriate and necessary to recognize their (custodial parents) efforts with respect and without reductive labels, and try to measure their efforts as caregivers in monetary terms. To reiterate it is irrespective of...
S.498A IPC | False Allegations Create Cynicism, Give Rise To Suspicion Against Genuine Victims: Delhi High Court
While dealing with a case concerning Section 498A of Indian Penal Code, 1860, the Delhi High Court has said that false allegations in such cases have wide ranging consequences across the society as the same create cynicism and give rise to a suspicion even against genuine victims.Justice Girish Kathpalia was dealing with a plea filed by a husband and his family members seeking quashing of an...
Indo-Swiss DTAA | Period Of Reference Can't Be Excluded From Limitation U/S 153B Income Tax Act If Reference Is Invalid: Delhi High Court
The Delhi High Court has made it clear that Clause (ix) of the Explanation to Section 153B of the Income Tax Act 1961 cannot be invoked to exclude the period of reference under the Indo-Swiss DTAA, if the reference itself is invalid.A division bench of Justices Vibhu Bakhru and Tejas Karia observed,“On a plain reading of Clause (ix) of the Explanation to Section 153B of the Act, the...
Income Tax Act Doesn't Contemplate Hiatus Between Handing Over & Receipt Of Documents By AO Of Non-Searched Entity: Delhi High Court
The Delhi High Court made it clear that Section 153C of the Income Tax Act, 1961 “does not contemplate a hiatus” between handing over and receipt of information or documents pertaining to a non-searched entity.For context, Section 153C allows the Revenue department to proceed against a party other than the person who is being searched, if incriminating articles belonging to the other...
'Conduct Is Disquieting To Court's Conscience': Delhi High Court Dismisses Applications For Condonation Of Delay In Filing & Re-Filing Appeal
The Delhi High Court bench of Justices C. Harishankar and Ajay Digpaul observed that the conduct of the appellants in this case is deeply troubling to the court's conscience. They neither informed the respondents about the filing of the present appeals nor disclosed the same to the court, even though the respondents' appeals challenging the same arbitral award had been listed and...
Revocation Of Security Clearance 'Harsh', Losing Business At All Indian Airports: Turkey Based Çelebi Argues In Delhi High Court; Order Reserved
The Delhi High Court on Friday (May 23) reserved its verdict on a plea filed by Turkish based company Celebi Airport Services Private Limited challenging the decision of Bureau of Civil Aviation Security (BCAS) revoking its security clearance in the "interest of national security".Justice Sachin Datta reserved the verdict after hearing Senior Advocate Mukul Rohatgi appearing for Celebi and...