Delhi High Court Issues Notice To 'The New Indian', X Over Publication Of Legal Notice Carrying Contemptuous Allegations Against Judiciary

The Delhi High Court has issued notice to media platform The New Indian, its journalist and X Corporation (formerly Twitter) over the publication of a news article based on a legal notice prima facie carrying contemptuous and scandalous allegations against the judiciary and the Registry of the High Court.Justice Chandra Dhari Singh observed that since private and personal documents were...

File Affidavit On Jama Masjid's Status As Protected Monument: Delhi High Court To ASI

The Delhi High Court has directed the Archaeological Survey of India (ASI) to file an affidavit about the status of Jama Masjid as a protected monument, its current occupants, the maintenance activities being undertaken by ASI and the revenues generated and utilized.A Division Bench of Justice Prathiba M. Singh and Justice Amit Sharma issued this direction in relation to petitions that sought...

Delhi High Court Monthly Digest: September 2024 [Citations 956 - 1080]

Citations 2024 LiveLaw (Del) 956 to 2024 LiveLaw (Del) 1080NOMINAL INDEXApex Buildsys Ltd. Vs Vadera Interiors And Exteriors and connected matter 2024 LiveLaw (Del) 956 DD Auto Pvt Ltd Vs Pivotal Infrastructure Pvt Ltd 2024 LiveLaw (Del) 957 M/S. Dhanlaxmi Sales Corporation Vs Boston Scientific India Pvt Ltd 2024 LiveLaw (Del) 958 Union Of India Vs Rishabh Constructions Pvt Ltd 2024...

Climate Activist Sonam Wangchuk, His Associates From Ladakh Released And Set Free: SGI Tushar Mehta Tells Delhi High Court

The Delhi High Court on Thursday was informed that climate activist Sonam Wangchuk and his associates from Ladakh, who were allegedly detained while marching towards the national capital for raising certain demands, have been released and set free. The submission was made by SGI Tushar Mehta before a division bench comprising Chief Justice Manmohan and Justice Tushar Rao Gedela. SGI, who...

Adjudicating Authority Decides Fairness And Reasonableness While Approving Resolution Plan, High Court Cannot- Delhi High Court

In a significant judgement, the Delhi High Court affirmed the commercial wisdom of the committee of creditors (CoC). The case was pertaining to rejection of the resolution plan proposed by the petitioner despite offering the highest bid in e-auction in a Corporate Insolvency resolution Plan (CIRP) of Helio Photo Voltaic Pvt. Ltd. (Corporate Debtor). Brief Facts It was claimed by...

District Bar Associations Election: Delhi High Court Exempts Taxation Bar Association Members From Court Appearance Requirement

The Delhi High Court exempted members of Taxation Bar Association from the Court appearance requirement. The Bench, consists of Chief Justice Manmohan and Justices Vibhu Bakhru and Yashwant Varma, noted that, in light of the judgment in Lalit Sharma and Ors. v. Union of India and Ors. [W.P.(C) 10363/2021], dated 19th March 2024, a majority of the advocate members of the Delhi...

Self-Assessment U/S 143(1) Income Tax Act Doesn't Qualify As Assessment By AO, No Bar On Reopening Assessment U/S 147: Delhi HC

The Delhi High Court has held that merely because an assessee made self-assessment under Section 143(1) of the Income Tax Act 1961, is not reason to preclude reassessment proceedings initiated by the Department. “The assessment of tax under Section 143(1) of the Act is a self-assessment and in a strict sense cannot be stated as assessment framed by the AO,” observed a bench...

Three-Arbitrator Tribunal To Become Sole Arbitrator Tribunal On Failure Of Party To Appoint Its Arbitrator- Delhi High Court To Examine

The Delhi High Court has resolved to examine an arbitration clause in the General Conditions of Contract (GCC), if the same is affected by the line of judgments following Perkins Eastman Architects DPC v. HSCC (India) Ltd, Bharat Broadband Network Ltd v. United Telecoms Ltd and Haryana Space Application Centre (HARSAC) v. Pan India Consultants Pvt Ltd. The bench of Justice C....

Application Of MSMED Act And Arbitral Tribunal's Jurisdiction Over Contractual Disputes Must Be Determined By Arbitral Tribunal,Not By Court In Writ Jurisdiction: Delhi High Court

The Delhi High Court has clarified the legal position of the intersection between the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) and the Arbitration and Conciliation Act, 1996. The bench of Justice Sanjeev Narula, while hearing a petition filed under Article 226 of the Constitution, seeking to quash a notice requesting the parties to file their Statement...

Appointment Of Arbitrator Not Unilateral If Consent Of Non-Signatory Not Taken: Delhi High Court

The Delhi High Court has held that the consent of a non-signatory to arbitral proceedings is not required for the appointment of the arbitrator. The bench of Justice C. Hari Shankar, while hearing a Section 14 petition challenging the tribunal's jurisdiction, has held that the appointment of an arbitrator without the consent of a non-signatory would not be an unilateral...

No Reopening Is Permitted U/s 148 On Issues Which Were Answered In Favour Of Taxpayer During Course Of Revision U/s 263: Delhi HC

The Delhi High Court held that once the PCIT in the revisionary proceeding u/s 263, had decided in favour of assessee after having considered its reply, then AO had no authority to reassess and reopen the assessment u/s 148. The High Court held so, after finding that the reasons for issuing notice u/s 148A(b) were exactly similar to the reasons on which the PCIT had invoked Section...

UAPA: Delhi High Court Rejects NIA's Preliminary Objection To Maintainability Of Plea Challenging Arrest Of UNLF 'Army Chief', Associates

The Delhi High Court on Tuesday rejected the preliminary objection raised by the National Investigation Agency (NIA) regarding the maintainability of the petition filed by self-styled Army Chief of the United National Liberation Front (UNLF) and his two associates challenging their arrest in a UAPA case.Justice Anup Jairam Bhambhani said that the petition is maintainable and entertained the...