Delhi High Court
Arbitrator's Order Determining Substantive Rights Of Parties Constitutes “Award”, Amenable To Challenge U/S 34 Of Arbitration Act: Delhi HC
The Delhi High Court division bench of Justice Navin Chawla and Justice Shalinder Kaur has held that orders passed by the Arbitrator during the pendency of Arbitral proceedings, which finally determines any substantive rights of the parties, constitutes an interim Arbitral Award, and can be challenged under Section 34 of the Arbitration and Conciliation Act,...
S.149 IT Act | Additions Made During Reassessment Don't Validate Proceedings Initiated For Income Escapement Below ₹50 Lakh Threshold: Delhi HC
The Delhi High Court has held that the benchmark of minimum Rs. 50 lakh income escapement prescribed under Section 149 of the Income Tax Act, 1961 must be met at the very initiation of reassessment proceedings. A division bench of Justices Yashwant Varma and Dharmesh Sharma observed, “Additions ultimately made in the course of reassessment would not validate the initiation...
Tariff, License Fee Received By Electricity Regulatory Commissions Not Exigible To Tax: Delhi High Court
The Delhi High Court has made it clear that amounts received by the Electricity Regulatory Commissions under the heads of filing fee, tariff fee, license fee, annual registration fee and miscellaneous fee are not exigible to tax. A division bench of Justices Yashwant Varma and Dharmesh Sharma thus allowed the petitions filed by the Central Electricity Regulatory Commission as well as...
Absence Of Formal Communication U/S 148A Of Income Tax Act Not Fatal When Opportunity To Question Reassessment Had Been Provided: Delhi HC
The Delhi High Court observed that absence of a formal notice under Section 148A of the Income Tax Act, 1961 was not fatal to reassessment proceedings initiated in the twilight zone when the inquiry provisions were introduced by the Finance Act, 2021. A division bench of Justices Yashwant Varma and Dharmesh Sharma noted that the Department had provided an opportunity...
Arbitral Award Cannot Be Challenged In Writ Petition, Party Must Use Remedy U/S 34 Of Arbitration Act: Delhi High Court
The Delhi High Court Bench of Justice Sachin Datta has held that it cannot entertain a writ petition challenging an arbitral award, and the petitioner should challenge the award by taking recourse to appropriate remedies under Section 34 of the Arbitration Act. Brief Facts: The present petition challenged an arbitral award passed pursuant to reference to arbitration under Section...
'APAR Can't Be Interfered With If It Complies With Guidelines And Is Not Actuated By Malice', Delhi High Court
A Division Bench of the Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur dismissed a Writ Petition seeking to upgrade the Petitioner's Annual Performance Appraisal Report (APAR) based on being graded as 'very good' and 'outstanding' in the previous years. The Court further held that the APAR could not be interfered with as the Reporting Officer had written the...
Expert Tribunal's Award Did Not Suffer From Patent Illegality, Cannot Be Set Aside U/S 34 Of Arbitration Act: Delhi High Court
The Delhi High Court Bench of Justice Yashwant Varma and Justice Dharmesh Sharma has held that the scope of interference by the Court with the arbitral award under Section 34 is very limited, and the Court is not supposed to travel beyond the aforesaid scope to determine whether the award is good or bad.In the present case, the court held that the expert tribunals award did not suffer from...
Revocation Petition Can Be Filed Or Sustained After Expiry Of Term Of Patent: Delhi High Court
The Delhi High Court has ruled that a revocation petition can be filed or sustained after the expiry of the term of the patent. While dealing with a patent infringement suit, Justice Amit Bansal observed that just because the term of the patent has expired, it would not mean that the suit has become infructuous, as the cause of action still survives. “Applying the same rationale, it cannot...
Right To Speedy Trial Not A 'Free Pass' For Undertrial To Be Released On Bail: Delhi High Court Denies Bail To Neeraj Bawana In Murder Case
The Delhi High Court has ruled that the right to speedy trial derived from Article 21 of the Constitution of India is not a “free-pass” for every undertrial, demanding to be enlarged on bail regardless of the criminal antecedents and the nature of the offence.Justice Anup Jairam Bhambhani said that where there are grave criminal antecedents, the larger interests of society must prevail...
Conducting CLAT In English Can't Be 'Entry Barrier' For Students Instructed In Other Languages: Delhi High Court Orally Observes
The Delhi High Court on Wednesday emphasized that the language in which Common Law Admission Test (CLAT) entrance examination is conducted i.e. English cannot be an entry barrier for students who are instructed in other regional languages. A division bench comprising Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela was hearing a public interest litigation seeking a direction...
Disability Attributable To Service, Authorities Cannot Contradict Medical Proof, Delhi High Court Grants Disability Pension
A Division Bench of the Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur while allowing a Petition of the Petitioner seeking disability pension held that in absence of reasons as to how the disability arose, it could be presumed that in cases where the personnel while being appointed to the post was declared fit, the disability having arisen later could be attributable...
Delhi High Court Rejects PIL Against CM Atishi For Allowing Manish Sisodia To Use Her Govt Bungalow
The Delhi High Court on Wednesday dismissed a PIL seeking action against Chief Minister Atishi for allowing senior AAP leader and former Deputy Chief Minister Manish Sisodia and his family members to use the government allotted bungalow. A division bench comprising Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela rejected the PIL filed by Sanjeev Jain, claiming to be a...