Delhi High Court
Cause Of Action For Claiming Family Pension Arises Only Upon Death Of Pensioner; Speculative Claims Not Valid: Delhi HC
Delhi High Court: A Single Judge Bench of Justice Neena Bansal Krishna ruled that a claim for family pension requires a valid cause of action, which only arises on the death of the pensioner. The court allowed a revision petition filed against a suit seeking a mandatory injunction for the processing of family pension. It ruled that family pension under Rule 50 of the Central Civil...
No Bar To Avail Remedy U/S 9 Of Arbitration Act Even Against Non-Parties To Subject Matter Of Dispute: Delhi High Court
The Delhi High Court bench of Justice Neena Bansal Krishna has held that the Plaintiffs are not barred from availing the remedy under Section 9 of the Arbitration and Conciliation Act, 1996 even against individual(s)/entities who are not party to the Family Settlement out of which the dispute arose. The application for ad interim injunction was held to be not maintainable due...
Uploading Information On Insight Portal Not A Substitute For Handing Over Material To AO For Non-Searched Entity U/S 153C Of IT Act: Delhi HC
The Delhi High Court has held that the provision under Section 153C of the Income Tax Act, 1961 for the Assessing officer of a searched person to record 'satisfaction' and handover documents regarding undisclosed income of another person cannot be substituted by merely uploading such information on the Department's insight portal. The provision stipulates that where the Assessing...
Delhi Police Says Delhi Riots Conspired By Forces 'Inimical To India', Opposes Bail Of Umar Khalid, Sharjeel Imam & Others In UAPA Case
The Delhi Police on Tuesday (January 07) told the Delhi High Court that the 2020 North-East Delhi riots were well planned and the alleged conspiracy to execute the same was “clinical and pathological.”The submission was made by ASG Chetan Sharma before a division bench comprising Justice Navin Chawla and Justice Shalinder Kaur. “This conspiracy is clinical, pathological and planned...
Delhi High Court Rejects Plea Challenging CAT 2024 Results
The Delhi High Court on Tuesday (January 07) dismissed a petition challenging the results of Common Admission Test (CAT) 2024 for admissions in top management institutes.Justice Tara Vitasta Ganju rejected the plea moved by a candidate, Aditya Kumar Mallick, who was aggrieved with an incorrect answer to Question No. 18 from Verbal Ability and Reading Comprehension Portion, thereby affecting...
Centre Notifies Appointment Of Two Advocates As Delhi High Court Judges
The Central government has notified the appointment of two advocates as judges of the Delhi High Court.They are Ajay Digpaul and Harish Vaidyanathan Shankar.It was in August 2024 that the Supreme Court Collegium recommended their names for elevation along with the name of another advocate. The Delhi High Court at present has 42 judges against a sanctioned strength of 60 judges.Click here to...
Customs Dept Should Serve Notices By Email In Addition To Post, Will Prevent Delay And Non-Appearances: Delhi High Court
The Delhi High Court recently called upon the Customs Department to make use of Section 153(c) of the Customs Act, 1962 which empowers it to serve notices through email. A division bench of Justices Prathiba M. Singh and Amit Sharma said such an approach will prevent delay and non-appearances, leading to expeditious disposal of matters. “In the opinion of this Court, the...
Delhi High Court Directs Social Media Platform To Take Down Clips Of Mirchi's Kareena Kapoor-Khan Talk Show In Copyright Infringement Claim
The Delhi High Court recently granted a temporary injunction in favour of the radio broadcaster, Entertainment Network, against alleged copyright infringement by the entertainment platform, Miss Malini Entertainment, in relation to the interview conducted by the platform for promotion of the talk show 'What Women Want'.Entertainment Network India Limited (plaintiff) produces and broadcasts...
Reassessment U/S 150 Of Income Tax Act Can't Be Initiated On Mere 'Incidental' Findings Of Appellate Authority: Delhi High Court
The Delhi High Court has held that Section 150 of the Income Tax Act, 1961 can be invoked for reassessment only to give effect to a 'conclusive finding' by an appellate authority regarding escapement of income by an assessee. Section 150 makes provision for cases where assessment is in pursuance of an order on appeal, etc. It empowers an Assessing Officer to issue reassessment...
Commissioner Cannot Use Its Power U/S 107(2) CGST Act To Review Order Passed By Appellate Authority: Delhi High Court
The Delhi High Court has made it clear that a Commissioner under the Central Goods and Services Tax Act 2017 cannot, in purported exercise of its powers under Section 107(2), sit in appeal over an order passed by the Appellate Authority. Section 107(2) empowers the Commissioner to call for and examine the record of any proceedings in which an adjudicating authority has passed any...
Designated Authority Under Direct Tax Vivad Se Vishwas Act Cannot Reopen Assessment After Issuance Of Final Certificate: Delhi HC Reiterates
The Delhi High Court has reiterated that a designated authority under the Direct Tax Vivad Se Vishwas Act, 2020 cannot reopen an assessment after a final certificate is issued under Section 5 of the Act and all disputes with regard to the 'tax arrear' stand concluded. Section 5 stipulates a designated authority to determine the amount payable by a declarant under the Act within 15 days...
Co-Accused Can Apply Separately For Compounding Of Offences Committed By Company Or HUF Under Income Tax Act: Delhi High Court
The Delhi High Court has held that co-accused are entitled to apply separately for compounding of offences committed by a Company or a Hindu Undivided Family under the Income Tax Act, 1961. A division bench of Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela ruled that the co-accused need not await filing of application for compounding by the company or the HUF. In...