Delhi High Court
Delhi High Court Orally Asks Govt To Ensure Auto Rickshaws Charge Fare By Meter, Conduct Random Checks
While hearing a public interest litigation on enforcing the rule on installation of fare meters in autorickshaws in the city, the Delhi High Court on Friday orally asked the Government to ensure that people follow the rule and pay the auto fare as per metre, asking the government to carry out random checks at the ground level. The court thereafter disposed of the petition filed by one...
S.50 NDPS Act | Proforma With Less Desirable Option Of 'No Objection To Search By Customs Officer' Instead Of Magistrate Deplorable: Delhi HC
While hearing a bail application under the NDPS Act, the Delhi High Court has deprecated the practice of customs authorities in having a pre-typed proforma notices under Section 50 of NDPS Act.The Court stated that proforma notices under Section 50 should ideally have the two options: first, that the person requires the personal search to be done before a Gazetted Officer/Magistrate and...
Transfer Pricing | Entities Operating On Economic Upscale Can't Be Included As 'Comparables' Of Those Working On Cost-Plus Pricing: Delhi HC
The Delhi High Court has reiterated that entities commanding high profit margins cannot be included as comparables of those working on cost-plus markup basis, to determine Arm's Length Price for international transactions. A division bench of Justices Yashwant Varma and Ravinder Dudeja thus ordered the exclusion of TCS E-Serve International Ltd., TCS E-Serve and Infosys BPO Limited...
Officers Facing Temporary Illness Entitled To Promotion After Regaining SHAPE I Medical Category, Delhi High Court Grants Promotion To Army Personnel
A Division Bench of the Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur granted promotion to an Army Personnel to the Post of Assistant Commandant which was denied to the Petitioner on Medical Grounds. The Bench held that the Respondents had not provided sufficient reasons as to why the Petitioner was not detailed in a Course that was mandatory to determine...
Firecracker Ban: Delhi High Court Directs Licensed Dealers To "Strictly Refrain" From Making Sales Until January 01
The Delhi High Court has recently directed the licensed firework dealers to refrain from selling any firecrackers in the national capital until January 01, 2025.While dealing with a plea moved by Delhi Fire Works Shopkeepers Association, Justice Sanjeev Narula ordered: “All the members of the Petitioner Association shall strictly refrain from engaging in the sale of any firecrackers during...
Delhi High Court Issues Notice On PIL Seeking Regulation Enabling Reselling Of Concert Tickets Through 'Authorised Platforms'
The Delhi High Court on Thursday issued notice on a public interest litigation (PIL) seeking formulation and implementation of a regulatory framework regarding the reselling of tickets for concerts through authorized ticketing platform.A division bench comprising Chief Justice Manmohan and Justice Tushar Rao Gedela also sought response of the Union Government and other authorities...
Limitation Is Mixed Question Of Fact And Law Required To Be Adjudicated U/S 16 Of Arbitration Act: Delhi High Court
The Delhi High Court Bench of Justice Sanjeev Narula held that the issue of limitation, raised as a jurisdictional challenge under Section 16 of Arbitration Act, is rarely a pure question of law. More often, it is a mixed question of law and fact. Whether a claim is barred by the law of limitation depends upon the facts that determine the cause of action and the point from which...
Scope Of Review U/S 37(2)(b) Of Arbitration Act Is Very Limited, Courts Cannot Change Tribunal's Conclusion Based On Detailed Inquiry: Delhi HC
The High Court of Delhi of Justice Sachin Datta has held that the scope of review of an interlocutory order is very narrow when the tribunal examines the factual scenario in detail before formulating an opinion in Section 17. The court cannot change the conclusion reached by the tribunal when the same is based on an intricate factual examination of the matter.Facts:The ongoing...
DVAT Act | Assessee 'Automatically' Becomes Entitled To Interest U/S 42 On State's Failure To Adhere To Mandatory Timelines For Refund: Delhi HC
The Delhi High Court has made it clear that when a refund of tax or penalty paid in excess under the Delhi Value Added Tax Act, 2004 is delayed by the authorities, the assessee “automatically” becomes entitled to interest on such refund.Section 38(1) “obligates” the Commissioner to refund the amount of tax, penalty or interest, if paid by a person in excess of the amount due...
Delhi High Court Upholds Arbitral Award In Dispute Over Interpretation Of “Revenue” In Agreement Between AAI, DIAL/MIAL
The Delhi High Court bench of Justice Yashwant Varma, while adjudicating the petitions filed by the Airports Authority of India (AAI) under Section 34 of the Arbitration and Conciliation Act, 1996, has held that courts while evaluating a challenge under Section 34 would not be justified in faulting an award merely because an alternative view was possible or where they find that,...
OCI Cardholders Before 2021 MEA Notification Eligible Either Under Indian National Or Foreign National Category For MBBS Admission: Delhi HC
The Delhi High Court has observed that Overseas Citizen of India (OCI) Cardholders, who have obtained their OCI Cards prior to a Ministry of Home Affairs (MEA) Notification dated 04.03.2021 are eligible to be considered either in the Indian National Category or the Foreign National Category for admission to the MBBS course.For context, the MEA's notification dated 04.03.2021 shifted the...
Delhi High Court Refuses To Entertain Husband's Plea To Determine If Wife Is Transgender
The Delhi High Court on Wednesday refused to entertain a petition filed by a husband for medical examination of his wife to determine her gender at any Central Government hospital in the national capital. Justice Sanjeev Narula remarked that it was a “pure matrimonial dispute" and that a writ petition cannot lie against a private individual.The husband claimed that his wife was transgender...