Temporary Suspension Of Business Activity On Account Of Ill Health Does Not Warrant Cancellation Of Taxpayer's GST Registration: Delhi HC

Finding that proper officer passed the order cancelling taxpayer's GST registration with retrospective effect, the Delhi High Court clarified that such order does not indicate any reason for cancelling the GST registration much less from retrospective effect.The High Court found that the only allegation against the assessee was that it was non-existent, which was sufficiently addressed by...

'Dismaying' That Despite Approval From Acting Chief Justice To Upgrade Pay-Scale Of Stenographers, Govt Did Not Release Arrears: Delhi High Court

The Delhi High Court recently expressed its dismay against the Delhi government for not upgrading the pay scales of certain stenographers working in the Delhi District Courts, despite the Acting Chief Justice approving an administrative note concerning the revised pay scales.The petitioner no. 1, an association of Stenographers working in the Delhi District Courts, along with petitioner no. 2,...

Not Every Legal Mistake Made by Arbitral Tribunal Is Patent Illegality, Scope Limited To Substantive Laws: Delhi High Court

The Delhi High Court Bench of Justice Neena Bansal Krishna has held that patent illegality applies only to violations of substantive law of India, the Arbitration Act, or the rules applicable to the substance of the dispute. It does not apply to every legal mistake made by the arbitral tribunal.Additionally, the court held that the scope of a challenge under Section 34 of the Act, 1996 is...

Delhi HC Issues Notice On Plea For Inclusion Of MRKH Type- II Syndrome As Benchmark Disability Under Rights Of Persons With Disabilities Act

A petition has been filed in the Delhi High Court seeking directions to the Union of India for inclusion of the Mayer-Rokitansky-Kuster-Hauser Type- II syndrome ('MRKH Type- II Syndrome') under the Rights of Persons With Disabilities Act, 2016 (RPWD Act).The petition states that the MRKH Type- II Syndrome is characterized by congenital aplasia of the reproductive organs in women, which causes...

BJP MLAs Move Delhi High Court For Tabling Of 12 CAG Reports On 'Finance, Pollution, Liquor' Before Assembly, Plea Listed On Tuesday

The Delhi High Court on Monday (October 28) permitted the listing of a plea on Tuesday moved by various BJP leaders seeking a direction to the Delhi government to send 12 CAG reports pertaining to "Finance, pollution, administration and liquor" to Lieutenant Governor VK Saxena for presenting the same before the Legislative Assembly.The petition was mentioned for listing by senior advocate...

Unwarranted Adverse Remarks Against Govt Servants Have Serious Impact On Their Career: Delhi HC Expunges Trial Court's Remarks Against ED

The Delhi High Court has expunged certain remarks made by a Special Judge (PC Act) against the Directorate of Enforcement (ED) and its Assistant Director.The ED/petitioner prayed for striking off certain remarks made by the Special Judge (PC Act), Rouse Avenue District Courts, New Delhi, in its order dated 05.10.2024. In its order, the Special Judge stated that the even though there was...

Impermissible To Use Section 45 Of PMLA As Tool For Incarceration When Delay In Trial Not Attributable To Accused: Delhi High Court

The Delhi High Court has held that keeping an accused in custody by using Section 45 of PMLA as a tool for incarceration is not permissible where the delay in trial is not attributable to the accused.“Flow of liberty cannot be dammed by Section 45 without taking all other germane considerations into account. It is the duty of Constitutional Courts to champion the constitutional cause of...

Delhi High Court Issues Notice To Centre On AAP's Plea For Allotment Of Residential Accommodation To Arvind Kejriwal

The Aam Aadmi Party (AAP) has filed a plea in the Delhi High Court to direct the Union of India (Ministry Of Housing And Urban Affairs) to allot a residential accommodation to Arvind Kejriwal, in his capacity as the National Convenor of the party.A single judge bench of Justice Sanjeev Narula heard the matter on Friday and issued notice to the Centre.AAP relied on Rule 26(iii) of an...

Disabilities Can Be Attributed To Service In Army Due To Stressful Work Conditions, Delhi High Court Grants Disability Pension

A Division Bench of the Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur attributed the disabilities of the Respondent to his Service considering that an Army Personnel undergoes rigorous work stress and strain. It upheld the order of the Armed Forced Tribunal stating that the Army personnel worked in a stressful and hostile environment and thus, presumably,...

Tribunal Is Master Of Evidence, Findings Cannot Be Scrutinised U/S 37 Of Arbitration Act As If Court Sitting In Appeal: Delhi HC

The Delhi High Court Bench of Justices Tara Vitasta Ganju And Vibhu Bakhru held that the Arbitral Tribunal is the master of evidence and a finding of fact arrived at by an arbitrator is on an appreciation of the evidence on record, and is not to be scrutinized under section 37 of Arbitration Act as if the Court was sitting in appeal. Brief Facts Pec Limited (Appellant) issued a...

Stray Animal Menace In AIIMS, Courts Concerning; Difficult For People Particularly With Disabilities To Even Walk On Road: Delhi High Court

While hearing a public interest litigation petition on attacks by strays such as monkeys and dogs on persons with disabilities in the city, the Delhi High Court orally called for the adoption of an approach balancing the rights between both stray animals as well as PwDs and a mechanism to deal with the same. The court however orally said that the "City cant be in such a shabby condition that...

No Right To Regularization For Casual Workers Without Proper Recruitment Process: Delhi HC

Delhi High Court: A Single Judge Bench of Justice Chandra Dhari Singh ruled on petitions involving a PNB temporary worker's termination and regularization claims. The court upheld the Industrial Tribunal's finding of illegal termination but modified the relief from reinstatement to monetary compensation of Rs. 2.5 lakh. The court rejected the worker's regularization claim, citing...