Date Of Receipt Of Corrected Award Would Be Taken As Disposal Date U/S 34(3) Of Arbitration Act, Even When Application U/S 33 Has Been Filed: Delhi HC

The Delhi High Court Bench of Justice Subramonium Prasad has held that taking the date of receipt of the corrected award as the starting point and not as the date of disposal would actually go contrary to the plain reading of Section 34(3) of the Act. This will apply even in cases where an application under Section 33 of the Act has been filed. Brief Facts: The parties entered into...

Income Tax Act | Reassessment Notice To Merged Entity U/S 148A(d) Not Invalid Merely Because SCN Was Issued In Name Of Ceased Entity: Delhi HC

The Delhi High Court has made it clear that merely because notice under Section 148A(b) of the Income Tax Act, 1961 is issued in the name of an amalgamating company which had ceased to exist, subsequent notice issued under Section 148A(d) in the name of merged entity cannot be declared invalid. A division bench of Acting Chief Justice Vibhu Bakhru and Justice Swarana Kanta...

AO Bound To Ascertain 'Correctness' Of Information Available Against Assessee, 'Decide' Whether It Is Sufficient To Reopen Assessment: Delhi HC

The Delhi High Court has turned down the contention that an Assessing Officer, at the stage of passing an order under Section 148A(d) of the Income Tax Act, 1961 for initiation of reassessment proceedings, is not required to form any opinion as to the genuineness or veracity of the information available against an assessee. A division bench of Acting Chief Justice Vibhu Bakhru...

Delay In Issuing Requisition U/S 132A Of Income Tax Act Due To Investigation By Department Can Be Condoned: Delhi HC

The Delhi High Court has held that the delay in issuing requisition under Section 132A of the Income Tax Act, 1961, can be condoned if the same is explained by the Authority concerned. The provision contemplates powers to requisition books of account, etc. It stipulates that where a search has already been conducted by any authority under any other law, the Income Tax authority...

Delhi High Court Denies Bail To 'ISIS Associate' In UAPA Case, Says He Was Advocating 'Jihad' To Establish Caliphate

The Delhi High Court has recently denied bail to an alleged member of ISIS in a case registered by National Investigation Agency (NIA) accusing him of radicalising youths using cyber space.A division bench comprising of Justice Prathiba M Singh and Justice Amit Sharma dismissed the plea moved by MD Heydaitullah, observing that the mandate of Section 43(D)(5) of UAPA was clearly applicable in...

Customs Dept Cannot Encash Bank Guarantee Furnished By Trader During Pendency Of Appeal If Pre-Deposit Is Made: Delhi HC Affirms

Based on a circular issued by the Finance Ministry, the Delhi High Court has affirmed that the Customs Department cannot encash the bank guarantee furnished by a trader, whose import/export transactions are in dispute, if the latter has made a pre-deposit with his appeal against the demand and penalty. A division bench of Justices Prathiba M. Singh and Dharmesh Sharma...

Commercial Court Act Doesn't Prevent Applicability Of Order 8 Rule 9 CPC For Filing Additional Written Statement After 120 Days: Delhi HC

In relation to commercial disputes, the Delhi High Court has observed that the Commercial Courts Act, 2015 does not prevent the application of Order 8 Rule 9 CPC for filing additional written statement after the expiry of 120 days for filing the written statements. Justice Mini Pushkarna said, “There is nothing in the Commercial Courts Act, 2015 to suggest that the provisions of Rule 9 of...

DHJS 2024: Delhi High Court Refuses To Modify Cut Off Date For Candidates' Age

The Delhi High Court has refused to modify the criteria according to which candidates appearing in Delhi Higher Judicial Services (DHJS) 2024 examination must have attained the age of 35 years on January 01, 2024. A division bench comprising Justice C Hari Shankar and Justice Amit Mahajan rejected the plea filed by a candidate, Shweta Chowdhery, who challenged the one of the conditions...

Delhi Riots: Tahir Hussain Moves Interim Bail Plea Before High Court To Participate In Upcoming Assembly Polls

Former Aam Aadmi Party Councillor Tahir Hussain on Friday moved the Delhi High Court seeking interim bail in a 2020 North-East Delhi riots case in order to participate in the upcoming Assembly polls from Mustafabad constituency as a member of All India Majlis-e-Ittehadul Muslimeen (AIMIM) party.The matter was listed today before Justice Amit Sharma who recused from hearing the case. The plea...

MEA Informs Delhi High Court Of Documents Required For Gender Change Recognition In Passports After Surgery Abroad

The Ministry of External Affairs (MEA) has recently informed the Delhi High Court about the documents that an individual who has undergone a gender change abroad can submit upon returning to India, in order to reflect the change of gender in the passport.The submission was made in a plea moved by a transgender woman–petitioner, whose grievance raised in the plea had been redressed inasmuch...

Delhi High Court Seeks Patanjali's Response On Dabur's Fresh Injunction Plea Over 'Disparaging' Chyavanprash Ads

The Delhi High Court on Friday (January 10) sought response of Patanjali Ayurved on a fresh injunction plea moved by Dabur in its suit alleging that the former was running disparaging advertisements against its Chyavanprash product.Summons in the suit were issued on December 24 last year, along with notice on Dabur's application seeking ad interim injunction against the advertisements. Today,...

Delhi High Court Annual Digest 2024: Part III [Citations 801 - 1200]

Citations 2024 LiveLaw (Del) 801 to 2024 LiveLaw (Del) 1200High Court Asks Delhi Govt To Implement Hybrid Courts Project On Priority Basis, Says No Cabinet Approval RequiredCase Title: ANIL KUMAR HAJELAY & ORS. v. HON'BLE HIGH COURT OF DELHICitation: 2024 LiveLaw (Del) 801The Delhi High Court has recently directed the Delhi Government to expedite grant of financial sanction of Rs. 387...