Delhi High Court
Info Requiring Analysis Of Legal Proceedings Outside Purview Of RTI Act: Delhi HC Quashes Order To Inform On Ex-Parte Injunctions Given By ADJ
Setting aside CIC's order directing Patiala House Court PIO to furnish information on the number of cases in which a judge granted ex-parte injunction in relation to cases represented by a particular advocate and in suits filed by a particular company, the Delhi High Court observed such queries require an analysis of the relevant judicial proceedings.It further said that such an analysis...
Encroachment Delaying DDA's Yamuna River Restoration Work: Delhi HC Rejects Farmers' Plea For Occupation In Flood Plain, Imposes ₹5K Cost
In a plea for a restrain on Delhi Development Authority (DDA) and other authorities from disturbing the possession of land located on the Yamuna river bank by certain farmers, the Delhi High Court said that it appeared that the petitioners had encroached upon the land which falls in the flood plain area.The court further said that this had also delayed the implementation of...
Furnishing Grounds Of Arrest Just An Hour Before Remand Hearing Not Compliance Of Section 50 CrPC: Delhi High Court
The Delhi High Court has observed that furnishing grounds of arrest in writing to an arrestee just about an hour before the remand hearing cannot be due or adequate compliance of the requirements of Section 50 of CrPC.The provision mandates that grounds of arrest must be communicated to an arrestee “forthwith” upon the arrest of a person.Justice Anup Jairam Bhambhani said that sufficient...
Delhi High Court Issues Notice On BJP Leader's Plea Against Quashing Of Summons Issued To Chief Minister Atishi In Defamation Case
BJP leader Praveen Shankar Kapoor has moved the Delhi High Court challenging the quashing of summons issued to Chief Minister Atishi by a trial court in a defamation case filed by him. The defamation case was filed over the claims that Aam Aadmi Party (AAP) leaders were approached by Bhartiya Janta Party (BJP) to join them in return of crores of cash.Justice Vikas Mahajan issued notice on...
Delhi High Court's Administrative Side To Consider Amending Or Framing Rules To Expedite Proceedings Before Family Courts
The Delhi High Court's administrative side is set to consider framing appropriate rules or amending the existing rules to streamline the procedure to expedite proceedings before the Family Courts in the national capital. The development ensued after a division bench comprising Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela passed an order while while disposing of a PIL on...
NIA Opposes MP Engineer Rashid's Plea In Delhi High Court Seeking Interim Bail In UAPA Case
The National Investigation Agency (NIA) on Tuesday opposed before the Delhi High Court the plea filed by Jammu and Kashmir MP Rashid Engineer seeking interim bail in a terror funding case registered under UAPA.Rashid has sought interim bail in order to attend the Parliamentary budget session which commenced on January 31. The session concludes on April 04. In the alternative, he has...
Date Of Assessment Order Recommending Penalty For Accepting Cash Above ₹2 Lakh Not Relevant For Determining Limitation U/S 275 Of Income Tax Act: Delhi HC
The Delhi High Court has held that the date of the assessment order, wherein an Assessing Officer recommended separate penalty proceedings against the assessee under Section 271DA of the Income Tax Act, 1961 for accepting more than ₹2 lakh in cash, is not relevant for determining the limitation period under Section 275(1)(c).Section 275(1)(c) prescribes the period of limitation within...
Mere Threats Without Intention To Cause Alarm To Complainant Not Criminal Intimidation: Delhi High Court
The Delhi High Court has observed that mere threats by the accused without any intention to cause alarm to the complainant does not constitute the offence of criminal intimidation.“A bare perusal of Section 506 of the IPC makes it clear that before an offence of criminal intimidation is made out, it must be established that an accused had an intention to cause alarm to the complainant....
Delhi High Court Orders Inspection On 'Dummy Schools' Allowing Students To Take Exams Without Attending Classes
The Delhi High Court has recently directed that an inspection be conducted on “dummy schools” in the national capital which are providing the facility of allowing the students to take the examination without attending the classes.A division bench comprising of Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela directed the Delhi Government and Central Board of...
Ensure Counsel Appearing On Advance Service Are Instructed Properly: Delhi HC Asks Customs, GST Department, DRI And DGGI To Frame SOP
The Delhi High Court has asked the Customs Department, the Central GST Department, the Directorate of Revenue Intelligence (DRI), Directorate of General GST Intelligence (DGGI) to make sure that counsel representing them on advance service are instructed properly.A bench of Justices Prathiba M. Singh and Dharmesh Sharma ordered the Commissioner of Customs to prepare an SOP as to the manner...
Fees Paid By Law Firm Remfry & Sagar To Use Name & Goodwill Of Founder Is Business Expense, Deductible U/S 37 Of Income Tax Act: Delhi HC
The Delhi High Court has held that the fees paid by IPR law firm Remfry & Sagar to acquire the goodwill vested in a company run by the family members of its deceased founder, is a business expense deductible under Section 37 of the Income Tax Act.A division bench of Justices Yashwant Varma and Ravinder Dudeja observed, “the primary, nay, sole purpose for incurring expenditure...
Familial Relationship Between Prosecutrix And Accused Doesn't Negate Possibility Of 'Promise Of Marriage': Delhi HC Refuses To Quash Rape FIR
While refusing to quash an FIR under Section 376 IPC for false promise of marriage, the Delhi High Court observed that the nature of the relationship between the parties is a crucial factor in determining whether there was any promise of marriage and whether the consent was vitiated by a misconception of fact. Justice Chandra Dhari Singh was considering the petitioner's plea to quash FIR...