Delhi High Court
Assessee Entitled To Charge Depreciation On Purchase Of Goodwill: Delhi High Court
The Delhi High Court has made it clear that goodwill is not 'income' but rather 'expenditure' for acquisition of assets and therefore, an assessee is entitled to charge depreciation on the amount spent towards it.A division bench of Justices Vibhu Bakhru and Swarana Kanta Sharma cited Commissioner of Income Tax, Kolkata v. Smifs Securities Ltd. (2012) whereby the Supreme Court had held...
Pre-Arbitral Resolution Clauses Are Directory, Not Mandatory, Especially in Cases Requiring Urgent Adjudication: Delhi High Court
The Delhi High Court Bench of Justice Sachin Datta has held that any pre-condition in an arbitration agreement obliging one of the contracting parties to either exhaust the pre-arbitral amicable resolution avenues or to take recourse to Conciliation are directory and not mandatory. Additionally, the court held that the disputes between the parties require urgent adjudication, it would...
Stamp Act Not Enacted To Arm Litigant With “Weapon Of Technicality”: Delhi High Court
The Delhi High Court bench of Justice Manoj Jain has observed that “the Stamp Act is a fiscal measure enacted to secure revenue for the State on certain classes of instruments and it has not been enacted to arm a litigant with a weapon of technicality to counter and oppose the case of its adversary.” Brief Facts: The Petitioner had sought cancellation of a sale deed executed...
High Court Denies Bail To Shahrukh Pathan In Delhi Riots Case
The Delhi High Court on Tuesday denied bail to Shahrukh Pathan, the man who pointed a gun at a policeman during the 2020 North-East Delhi riots.Justice Dinesh Kumar Sharma dismissed the regular bail plea moved by Pathan in FIR 51 of 2020 registered at Jafrabad Police Station. Detailed order is awaited. The case relates to an incident wherein he was captured pointing a gun towards a...
Climate Activist Sonam Wangchuk's Fast Withdrawn After Discussions: Delhi Police To High Court
The Delhi Police on Tuesday informed the Delhi High Court that climate activist Sonam Wangchuk and his associates from Ladakh have withdrawn their protest and fast after discussions. The submission was made by Solicitor General of India Tushar Mehta before a division bench comprising of Justice Prathiba M Singh and Justice Amit Sharma. “After discussions, Mr. Wangchuk has withdrawn his fast...
Standard Is Higher For Post-Award Section 9 Relief, Order To Deposit Amount Not Passed In Routine Manner: Delhi HC
The Delhi High Court Bench of Justice Hari Shankar held that the standard required to be met by a post-award Section 9 relief is higher than that required by pre-award Section 9 reliefs. In this case, interim relief under section 9 of the Arbitration and Conciliation Act was sought to secure the awarded amount. Brief Facts This matter is between National Highways Authority of...
Similarity Of Functional Filters & Business Model Is Necessary For Including/ Excluding Comparable To Determine Arm's Length Price: Delhi HC
The Delhi High Court noted that the present appeal is confined only to inclusion/ exclusion of certain uncontrolled entities as comparable for purpose of determining arm's length price (ALP) of assessee company/ Appellant.Further, for purposes of benchmarking, there must be similarity of functional filters, product homogeneity and business model, in order to arrive at suitable comparable...
Details Contained In Delhi Police Special Branch Manual Confidential, Exempted From Disclosure Under RTI Act: High Court
The Delhi High Court has ruled that the details contained in Delhi Police's Special Branch Manual is confidential in nature and is exempted from disclosure under the Right to Information Act, 2005.Justice Sanjeev Narula said that by virtue of the confidential nature, the details cannot be brought into the public domain.“While the RTI Act is intended to promote transparency and...
Court Can Dispense Requirement To Furnish Surety Bond Executed By Third Person For Bail Or Suspension Of Sentence: Delhi High Court
The Delhi High Court has recently held that it is permissible for a Court to completely dispense with the requirement that an undertrial prisoner or convict must furnish a surety bond executed by a third person to avail the benefit of bail or suspension of sentence.Justice Anup Jairam Bhambhani said that the waiver or substitution of surety should be even more guarded where the prisoner is...
When SLP Dismissal Order Is Non-Speaking, Review U/S 17 Of Arbitration Act Permissible: Delhi High Court
The Delhi High Court Bench of Justice Jasmeet Singh held that if an order of dismissal of the SLP is a non-speaking order and no reasoning has been given by the Hon‟ble Supreme Court for the same, then review of the order challenged is permissible. Brief Facts In the present case two applications have been filed against orders passed under section 17(2) of the Arbitration Act....
Delhi High Court Weekly Round-Up: October 14 To October 20, 2024
Citations 2024 LiveLaw (Del) 1130 to 2024 LiveLaw (Del) 1147NOMINAL INDEXEmeka Prince Lath vs. State NCT of Delhi 2024 LiveLaw (Del) 1130 GOVT OF NCT OF DELHI AND ORS versus PARMILA DEVI 2024 LiveLaw (Del) 1131 SMT USHA DEVI v. UNION OF INDIA AND ANR 2024 LiveLaw (Del) 1132 RYAN INTERNATIONAL SCHOOL v. CENTRAL INFOMATION COMMISSIONER AND ORS. 2024 LiveLaw (Del) 1133 SWARANJIT SINGH...
Vacancies Of Lawyers' Chambers Must Be Notified To All Members To Avoid Arbitrariness: Delhi High Court
The Delhi High Court has recently observed that the vacancies regarding lawyers' chambers must be notified to the lawyers to ensure that every eligible advocate gets an equal opportunity to express interest.“Ideally, such vacancies should be notified to the members of the Bar, providing every eligible lawyer with an equal opportunity to express interest; failure to do so creates an...