Delhi High Court
Delhi High Court Orders Customs To Release Traveller's Gold Worth ₹20 Lakh, Iphone, Playstation & More Over Failure To Issue SCN
The Delhi High Court recently ordered the Customs authorities to release a traveller's gold worth over ₹14 lakh and other branded articles like iPhone, PlayStation, etc. over the authority's failure to issue him a show cause notice.Section 124 of the Customs Act, 1962 contemplates issuance of a show cause notice before confiscation of goods.The Petitioner had landed at Delhi...
Delhi High Court Issues Notice On PIL For Action Against Hospitals, Entities Operating Radiological Equipment Without Licenses
The Delhi High Court has issued notice on a public interest litigation seeking action against all hospitals, medical colleges, diagnostic centres and any other entities operating radiology equipments without the requisite authorization or licenses.A division bench of Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela sought response of Union Government and Atomic...
Mere Demand For Dowry Not Offence U/S 498A IPC, Simpliciter Allegation Of Intimidation Not Harassment: Delhi High Court
The Delhi High Court has said that mere demand for dowry is no offence under Section 498A of Indian Penal Code, 1860, and simpliciter allegation of intimidation does not constitute harassment.Justice Amit Mahajan made the observation while quashing an FIR registered by a wife against the relatives of the husband. The case was registered against the husband, parents and the relatives in 2019....
Misuse Of Section 498A IPC Doesn't Mean Genuine Cases Of Harassment Don't Exist: Delhi High Court
The Delhi High Court has observed that the misuse of Section 498A of Indian Penal Code, 1860, does not mean that genuine cases of harassment do not exist. “This Court is not blind to the ground reality of the deeply rooted social evil of greed for dowry, due to which, numerous victims are subjected to unspeakable conduct and harassment,” Justice Amit Mahajan said. The Court observed that...
Passport, Personal ID Details Can't Be Disclosed To Third Party Under RTI Act: Delhi High Court
The Delhi High Court has recently ruled that details about passport and personal identification documents cannot be disclosed to a third party under the Right to Information Act, 2005. Justice Sachin Datta referred to various judgments on the issue and said:“…disclosures which may be sought by a third party under the provisions of RTI act pertaining to passport or any other...
Courts Must Avoid Disparaging Remarks Which Lower Credibility Of Investigating Authority: Delhi High Court
The Delhi High Court has observed that the use of scathing and disparaging remarks which tend to lower the credibility of the investigating authority ought to be avoided by the courts.Justice Amit Mahajan said that strong criticism and vituperative remarks, may have a devastating impact on the reputation and career of police officials which are not only unnecessary but also have...
Advocate Tejas Karia Sworn In As Judge Of Delhi High Court
Advocate Tejas Dhirenbhai Karia on Friday sworn in as a judge of the Delhi High Court. Chief Justice Devendra Kumar Upadhyay administered the oath of office.His appointment was notified by the Central Government on February 13. The Supreme Court Collegium had recommendedhis elevation in August last year.The Collegium had noted that Karia is a domain expert in the law of arbitration. Since...
High Court Within Whose Jurisdiction AO Passes Assessment Order Has Jurisdiction To Entertain Appeal U/S 260A Income Tax Act: Delhi HC
The Delhi High Court has reiterated that only such High Court within whose jurisdiction the Assessing Officer passing an impugned assessment order is situated would have the jurisdiction to entertain an appeal under Section 260A of the Income Tax Act, 1961.The Section makes provision for an appeal to the High Court from an order passed in appeal by the Appellate Tribunal.In the case at hand,...
Transfer Pricing | Resolution Under Mutual Agreement Procedure Is By Consensus, Cannot Be Imposed Upon Assessee: Delhi HC
The Delhi High Court has made it clear that a dispute with respect to arm's length price in a transfer pricing can be resolved under Mutual Agreement Procedure (MAP) only by consent and negotiations between contracting parties.A division bench of Justices Vibhu Bakhru and Swarana Kanta Sharma observed that such a resolution cannot be imposed in a contested case, where there is no...
Delhi High Court Upholds Arbitral Award Against IRCTC In Dispute Over Reimbursement For Catering Services, Sets Aside Interest As 'Patently Illegal'
The Delhi High Court bench comprising Justice Navin Chawla and Justice Shalinder Kaur has reiterated the limited scope of interference under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996 (“A&C Act”). The court upheld the arbitral award granted in favour of M/s Brandavan Food Products Ltd. (“Claimant”) in a dispute regarding the reimbursement of...
"Hybrid Courts Are Also Courts": Delhi HC Objects To Lawyer Appearing On VC From Park, Calls For Sensitization To Ensure Courtroom Decorum
Taking exception to a lawyer appearing through videoconferencing while standing in a park with a mobile phone in his hand, the Delhi High Court has called for sensitization of lawyers on maintaining decorum while appearing in hybrid courts. Justice Girish Kathpalia asked the Delhi High Court Bar Association as well as all District Court Bar Associations to sensitize the members of the...
Waqf Board Case: Delhi High Court Issues Notice On ED's Plea Against Release Of AAP MLA Amanatullah Khan
The Delhi High Court on Thursday issued notice on a plea moved by the Enforcement Directorate (ED) against a trial court order which released Aam Aadmi Party (AAP) MLA Amanatullah Khan for lack of requisite sanction in a money laundering case connected to the alleged irregularities in the Delhi Waqf Board recruitment during his chairmanship.Justice Vikas Mahajan sought response of Khan and...