Delhi High Court
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...
HC Can Invoke Article 227 To Interfere With Commercial Court's Order If It Suffers From Erroneous Interpretation Of Law: Delhi High Court
The Delhi High Court bench of Justice Yashwant Varma and Justice Ravinder Dudeja, while hearing a writ petition filed under Article 227, had observed that the interpretation of Section 42 of the A&C Act by the District Judge while returning the Section 34 petition to be filed before the High Court was completely erroneous. The Court exercised the supervisory jurisdiction...
Prima Facie Doesn't Target Caste/ Tribal Identity: Delhi HC Grants Transit Bail To Man Over 'Derogatory' Instagram Video On People Of Nagaland
The Delhi High Court has granted transit bail to a man booked under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, for posting an allegedly derogatory and insulting Instagram video on people of Nagaland with the intent to incite communal hatred, enmity and disharmony. Justice Amit Mahajan granted 14 days of transit bail to Akash Tanwar, a resident of...
Delhi High Court Rules In Favour Of 'Dream 11' In Trademark Infringement Suit Against Replica Website
The Delhi High Court has recently ruled in favour of fantasy sports platform “Dream 11” in a trademark and copyright infringement suit against a “replica website” misleading the public by using the former's registered trademark, logo and tagline. Justice Amit Bansal permanently injuncted the defendant website from using Dream 11's trademark, logo or tagline or any deceptively...
Delhi High Court Summons DUSU Candidates Over Defacement Of Property, Orders Removal Of Posters & Banners
The Delhi High Court has recently summoned 16 candidates who contested the Delhi University Students' Union (DUSU) elections over defacement of public property and directed them to appear before it on October 28.A division bench comprising Chief Justice Manmohan and Justice Tushar Rao Gedela directed the candidates to remove the balance posters, banners, hoardings, graffiti and to repaint...
No Compensation Can Be Awarded As Consequence Of Breach In Absence Of Any Legal Injury: Delhi HC Dismisses Plea U/S 34 Of Arbitration Act
The Delhi High Court Bench of Justice Mr. Prateek Jalan held that no compensation can be awarded as a consequence of breach of a contract, in the absence of any resulting legal injury. Although the extent of loss or damage is not required to be proven, the fact that loss or damage has been suffered must be established, even to claim liquidated damages or...
'Right To Represent' Not Unlimited: Delhi HC In Former Jharkhand CM Madhu Koda's Plea To Stay Conviction In Coal Block Case For Contesting Elections
While hearing former Jharkhand Chief Minister Madhu Kodha's plea to stay his conviction in an alleged coal scam case to enable him to contest the upcoming assembly elections, the Delhi High Court said that Koda was not a sitting MLA at the time of his conviction and so there may not be any irreversible consequences if the conviction is not stayed. In doing so, the high court further...
Jurisdiction Under Articles 226/227 Of Constitution Cannot Be Invoked When Order Passed By Arbitral Tribunal Is Procedural: Delhi High Court
The Delhi High Court Bench of Justice Sanjeev Narula held that the question of maintainability of a writ petition in relation to arbitration proceedings is well settled. The jurisdiction of the Court under Articles 226 and 227 of the Constitution of India, 1950, cannot be invoked where the orders passed by the Arbitral Tribunals are procedural in nature. Brief Facts Lalit Mohan,...
Arbitration Proceedings Before Improperly Constituted Arbitral Tribunal Are Non-Est: Delhi High Court
The Delhi High Court Bench of Justice Sachin Datta has held where the appointment procedure is invalid, any proceedings before an improperly constituted arbitral tribunal are non-est. Also, this would not prevent the Court from exercising jurisdiction under Section 11 of the act.Additionally, the court held that whether a particular claim is precluded from arbitration on account of being...