Co-Owner Of Property Not Receiving Income From It Not Liable To Pay Tax On Income From Such Property: Delhi High Court

The Delhi High Court has held that where a property is held jointly but only one co-owner reaps the benefit of income from such property, the other co-owner cannot be held liable to pay tax merely by virtue of co-ownership.A division bench of Justices Yashwant Varma and Harish Vaidyanathan Shankar observed, “the [Income Tax] Act fails to raise any presumption in law, of income...

S.479 BNSS | Trial Courts Must Not Mechanically Adjourn Bail Pleas Of Undertrials Who Completed One-Half Of Maximum Imprisonment: Delhi HC

The Delhi High Court has ruled that the trial courts must promptly pass orders and must not mechanically adjourn bail applications moved in cases covered by Section 479 of Bharatiya Nagarik Suraksha Sanhita, 2023, where the undertrial prisoners have already undergone one half of the maximum imprisonment. Justice Swarana Kanta Sharma said that in case a judge proceeds on leave, it must be...

Moral Views Of Judge Have No Role In Adjudication But Courts Must Consider Social Background In Which Offences Take Place: Delhi HC

The Delhi High Court has observed that while moral views of a judge has no role to play in adjudication of cases but Courts must consider the social background in which the offences take place. “While the moral views of the judge or a particular segment of society should have no role in such adjudication, courts must consider the social background and circumstances in which incidents...

Denying Phone Call Access To Prisoners Involved In MCOCA, Terrorist Acts Not Arbitrary: Delhi High Court's Prima Facie View

The Delhi High Court has recently observed that prima facie, denial of telephonic calls to prisoners involved in terrorist activities and offences under the Maharashtra Control of Organized Crime Act (MCOCA) and Public Safety Act is not arbitrary. “Prima facie, the denial of regular telephonic and electronic communication to a prisoner who is involved in terrorist activities and offences...

Delhi High Court Refuses Custody Parole To AAP MLA Naresh Balyan Booked In MCOCA Case

The Delhi High Court on Wednesday (January 29) refused to grant custody parole to Aam Aadmi Party (AAP) MLA Naresh Balyan who has been booked in a case registered under the stringent Maharashtra Control of Organised Crime Act, 1999, related to an alleged organised crime.Balyan had sought custody parole on the ground that his wife was contesting the upcoming Delhi Legislative Assembly...

Delhi High Court Closes PIL Against AAP's 'Spam' Calls On Freebies Amid Assembly Polls, Asks ECI To Ensure No Use Of Vilifying Material

The Delhi High Court on Wednesday directed the Election Commission of India (ECI) to ensure that political parties and their candidates do not use any vilifying material during elections which vitiates the atmosphere. A division bench comprising Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela disposed of a PIL alleging that the Aam Aadmi Party (AAP) was making “spam...

Two Candidates Secure Same Marks, Age Determines Selection: Delhi High Court

A Division Bench of the Delhi High Court comprising of Justices Navin Chawla and Shalinder Kaur reiterated that in cases where two candidates secure the same marks, age should determine the selection of such candidates. The Bench allowed a Writ Petition wherein the Petitioner sought appointment based on having secured the same marks as that of another candidate who was appointed to...

Human Rights Commissions Not 'Toothless Tigers', Their Recommendations Are Binding: Delhi High Court

The Delhi High Court has ruled that the recommendations of the State or National Human Rights Commissions are binding in nature and the purpose of enactment of the Human Rights Act would be nullified if they are held to be mere recommendatory bodies.A division bench comprising Justice Prathiba M Singh and Justice Amit Sharma said that holding that Human Rights Commissions can only...

[SC/ST Act] Courts Duty To Ensure Social Welfare Legislations Are Not Misused & False Complaints Are Not Perpetuated: Delhi High Court

While quashing a First Information Report (FIR) under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 ('PoA Act'), the Delhi High Court remarked that such welfare legislations should not be misused for ulterior motives and that the court has to ensure that false complaints are not allowed to continue.Justice Dinesh Kumar Sharma commented, “The Scheduled Castes...

Delhi High Court Closes PIL Seeking Time Bound Scrutiny, Curing Defects Of Fresh Matters For Listing

The Delhi High Court has recently closed a public interest litigation seeking a time bound scrutiny and raising of defects of fresh matters for listing before the Court.A division bench comprising of Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela said that the issues, if found to be relevant, would be taken up on the administrative side of this Court.“We do not find...

FIR Not Invalidated By Quashing Fraud Classification Of Bank Account If It Prima Facie Discloses Cognizable Offences: Delhi HC

In a plea for quashing an FIR against a company accused of allegedly committing fraudulent transactions, the Delhi High Court observed that quashing of a fraud classification of a bank account does not in itself vitiate the First Information Report (FIR) lodged on the basis of such classification if the FIR prima facie discloses the commission of cognizable offence.Justice Sanjeev Narula...

Karti Chidambaram Moves Delhi High Court Seeking Quashing Of CBI's Fresh Corruption FIR

Congress MP Karti Chidambaram has moved the Delhi High Court seeking the quashing of a fresh corruption case registered by the Central Bureau of Investigation (CBI) accusing him of allegedly giving relief to an alcoholic beverage company- Diageo Scotland over a ban on duty-free sale of its whisky.Chidambaram has sought quashing of the FIR registered on January 01 for the offences under...