Delhi High Court
Delhi High Court Directs Delhi Jal Board To Pay ₹22 Lakh Compensation Over Death Of 9-Yr-Old By Falling Into Pit
The Delhi High Court has recently directed the Delhi Jal Board (DJB) to pay compensation of Rs. 22 lakh over death of nine-year-old boy by falling into a pit in 2016. Justice Purushaindra Kumar Kaurav said that there was negligence on the part of DJB and it was thw duty of the Board to maintain safe conditions and take due precautions in and around the land where the pit was situated. “it...
Delhi HC To Examine Retrospective Applicability Of S.223 BNSS On Opportunity Of Hearing To Accused In ED's Complaint Filed Post-Enactment
The Delhi High Court will hear a plea on the issue of retrospective application of Section 223 of the BNSS 2023 in a case where the Enforcement Directorate (ED) registered the Enforcement Case Information Report (ECIR) prior to the law's enactment but the Prosecution Complaint was filed and trial court took cognizance on it after the law came into force.For context, Section 223 of BNSS deals...
Delhi High Court Weekly Round-Up: November 18 To November 24, 2024
Citations 2024 LiveLaw (Del) 1246 to 2024 LiveLaw (Del) 1281NOMINAL INDEXANI v. RSY News & Anr. 2024 LiveLaw (Del) 1246 Kanwar Singh Yadav vs. Delhi Tourism and Transport Development Corporation Limited 2024 LiveLaw (Del) 1247 Gautam Gambhir v. State 2024 LiveLaw (Del) 1248 SHABANA v. GOVT OF NCT OF DELHI AND ORS. 2024 LiveLaw (Del) 1249 SUBATA KHAN v. GNCTD 2024 LiveLaw (Del)...
Incorrect Classification Is Not By Itself Collusion/ Wilful Misstatement U/S 28AAA Customs Act; Prior Determination By DGFT Must: Delhi HC
The Delhi High Court has held that a misclassification or an incorrect classification of goods to be imported or exported would not ipso facto amount to collusion, wilful misstatement, or suppression of facts under Section 28AAA Customs Act, 1962. The provision provides for recovery of duties in cases where an instrument issued to a person has been obtained by him by means...
Procedural Orders Cannot Be Considered As Interim Award Or Challenged U/S 34 Of Arbitration Act: Delhi High Court
The Delhi High Court Bench of Justice Subramonium Prasad has held that a procedural order given by an Arbitral Tribunal, such as rejecting an application seeking impleadment of a party, does not qualify as an interim award. So, it cannot be challenged under Section 34 of the Arbitration and Conciliation Act, 1996. Brief Facts: The petition was filed under Section 34 of...
Well Reasoned Award Cannot Be Interfered With Under Section 37 Of Arbitration Act: Delhi High Court
The Delhi High Court bench of Justices Vibhu Bakhru and Tara Vitasta Ganju affirmed that Courts should not customarily interfere with Arbitral Awards that are well reasoned, and contain a plausible view.Judges, by nature, may incline towards using a corrective lens, however, under Section 34 of the Arbitration Act, this corrective lens is inappropriate especially under Section 37 of...
'Concealment Of Income' & 'Furnishing Inaccurate Income Particulars' Distinct Grounds For Penalty U/S 271(1)(c) Of IT Act, Can't Be Clubbed: Delhi HC
The Delhi High Court has made it clear that when the Revenue proposes to impose penalty on an assessee under Section 271(1)(c) of the Income Tax Act, 1961 for alleged 'concealment of particulars of income' or for 'furnishing inaccurate particulars of income'- it must specify which one of the two charges it seeks to press and the Revenue cannot be permitted to club both. A division bench...
Award In Which Damages Are Awarded In Absence Of Proven Loss Or Injury Can Be Set Aside U/S 34 On Grounds Of Patent Illegality: Delhi HC
The Delhi High Court bench of Justices Vibhu Bakhru and Sachin Datta has held that awarding damages by Arbitrator in the absence of proven injury or loss qualifies to be a patent illegality under section 34 of the Arbitration Act. Such an award is liable to be set aside under section 34..Brief FactsIndian Oil Corporation Ltd. (hereafter IOCL) has filed the present intra court appeal under...
Assessing Officer Not Required To Examine Commercial Expediency Of Transaction When Evaluating Assessee's Explanation U/S 68 Of IT Act: Delhi HC
The Delhi High Court has made it clear that once an assessee offers explanation about nature and source of a credit transaction standing in its books, the burden of proof to show that such explanation is unsatisfactory shifts on the Assessing Officer.A division bench of Justices Vibhu Bakhru and Swarana Kanta Sharma further held that in evaluating the transaction so explained by the assessee,...
Recourse To Section 147 Of Income Tax Act Not Barred In Cases Where Assessing Officer Is Empowered To Proceed U/S 153C: Delhi High Court
S.153C Income Tax Act doesn't bar AO's jurisdiction to reopen assessment u/S 147 when information against assessee is received from search conducted on another person: Delhi High CourtThe Delhi High Court has held that Section 153C of the Income Tax Act, 1961 does not by itself preclude an Assessing Officer from reopening assessments under Section 147/148 of the Act, on the basis of...
Delhi High Court Permanently Restrains Two Businessmen From Infringing Trademark Of French Luxury Brand Louis Vuitton
The Delhi High Court has issued a permanent injunction in favour of the French luxury brand Louis Vuitton, against trademark infringement and passing off of its products bearing the 'LV' trademark by two businessmen.The plaintiff Louis Vuitton Malletier which manufactures and sells clothing, footwear, fashion accessories and cosmetics and has several trademark registrations in India, had moved...
'Shocking State Of Affairs': Delhi High Court Asks Authorities To Remove 'Illegal Activities' At Chandni Chowk Redevelopment Project Area
The Delhi High Court on Friday directed the city authorities to remove the deficiencies and illegal activities at the Chandni Chowk redevelopment project and surrounding areas. A division bench comprising of Chief Justice Manmohan and Justice Tushar Rao Gedela observed that prima facie, the illegal activities and deficiencies in the area must be attended to and removed by the MCD and Delhi...