Delhi HC Tells Lawyers To Not Use Old Criminal Laws In New Filings, Asks Them To Also Mention New Criminal Laws For Filings In Old Cases

The Delhi High Court has taken a “serious view” of the reliance upon old criminal laws by advocates to file new applications or petitions, despite implementation of new laws with effect from July 01.Justice Chandra Dhari Singh directed the Registry to ensure that the new applications or pleas are filed under the new laws only. “It is made clear that if any proceeding is in continuance...

ISRO Administrative Officer Post, Selection Not Arbitrary, Candidates Participated Without Any Challenge To Process, Can't Question Later; Delhi High Court Reiterates

The Delhi High Court has dismissed a Petition filed against the order passed by the Central Administrative Tribunal (CAT). The petitioner had challenged the results finalized by the ISRO against the post of Administrative OfficerA division Bench of Justices Suresh Kumar Kait and Girish Kathpalia held that candidates can't challenge the recruitment process or results if they did not raise...

Delhi High Court Women Lawyers' Forum Inaugurates Literary Club, Judges Appreciate Initiative

The Delhi High Court Women Lawyers' Forum on Friday inaugurated literary club in the presence of Justice Rekha Palli and Justice Chandra Dhari Singh.The two judges were the guest of honour of the inaugural event. Special guests were Senior Advocate Sanjay Jain ( poet) and Advocate & Author Malavika Rajkotia.The inauguration took place in Delhi High Court's Bar Room 18, Ground Floor,...

Delhi High Court Orders ₹2.5 Lakh Compensation For Infant's Death By Dog Bite, Highlights Stray Dog Menace

The Delhi High Court has ordered ex gratia compensation of Rs. 2.5 lakh to a mother for the death of her 5 month old infant child, who was mauled and fatally bitten by a stray dog, leading to his death in 2007. “Notwithstanding the factual scenario of the present case, before parting, it is pertinent to observe here that the stray dog menace in Delhi is a serious issue affecting human life...

Continuation Of Proceedings On Ceased Entity Is Not Curable U/s 292B: Delhi High Court

While following the decision of Apex Court in Principal Commissioner of Income Tax, New Delhi vs Maruti Suzuki (India) Limited [(2020) 18 SCC 331], the Delhi High Court held that the initiation or continuation of assessment or reassessment proceedings after a company cease to exist due to merger pursuant to a Scheme of Arrangement, is not sustainable, and cannot be cured by applying...

Mistake Apparent On Record Pertaining To 'Disputed Tax' & 'Tax Arrears' Can Be Rectified Under Vivad Se Vishwas Scheme: Delhi HC

The Delhi High Court held that the once the relief is already accorded to assessee in the original assessment order, then Designated Authority (DA) can rectify the mistake apparent on record by allowing the assessee to file a fresh Form 3 under VSV Act.On examination of the relevant provisions outlined under Vivad Se Vishwaas Act (VSV Act), the Division Bench comprising Justice Yashwant Varma...

Delhi HC Lets Woman Replace Step-Mom's Name In CBSE Records, Cites Fundamental Right To Have One's Identity Linked With Biological Mother

While dealing with a daughter's case to have her biological mother's name entered in the official records, the Delhi High Court recognized the fundamental right to have one's identity linked with the biological mother.Justice Swarana Kanta Sharma observed that when the doors of rigid interpretations close, it is the courts' discretion that opens windows of hope for those left...

[POCSO Act] Teenage Love Falls In 'Legal Grey Area', Debatable If It Can Be Categorized As Offence: Delhi High Court

The Delhi High Court has recently observed that “teenage love” fall in a “legal grey area” and it is debatable if it can be categorized as an offence.Justice Subramonium Prasad observed that the Court is coming across a number of cases where girls aged more than 17 years elope with boys of their choice and their parents force them to change their statement before the police when they...

Bail Can't Be Denied Under PMLA On Mere Assumption That Property Recovered From Accused Must Be Proceed Of Crime: Delhi High Court

The Delhi High Court has recently held that bail cannot be denied under Prevention of Money Laundering Act, 2002, merely on the assumption that the property recovered from the accused must be proceed of crime.Justice Dinesh Kumar Sharma rejected a plea moved by Enforcement Directorate (ED) against grant of bail to an accused, Rahil Hiteshbhai Chovatia, in a money laundering case on October...

Contempt Of Court Excludes Negligent Or Thoughtless Actions, Willful Conduct Requires Evil Motive Of Contemnor: Delhi High Court

The Delhi High Court has observed that to punish a party for contempt of a court's order, it has to be established that the disobedience of the order was 'wilful' and does not include acts which were done negligently or thoughtlessly.The Court stated that a 'willful' act introduces a mental element which requires looking into the mind of a contemnor by determining his actions. It observed...

Right To File Section 14 Petition Absolute And Untrammeled By Any Other Considerations: Delhi High Court

The Delhi High Court bench of Justice C. Hari Shankar, while hearing a petition challenging the jurisdiction of the tribunal, has held that the right of a party to file a Section 14 petition seeking to terminate the mandate of the tribunal is not curtailed because the party had previously filed a Section 16 application before the tribunal and lost. Facts: The petitioner, Yves...

Power Of Courts To Substitute Arbitrator Under Section 29A(6) Essentially To Further Intent Of Section 29A: Delhi High court

The Delhi High Court bench of Justice C. Hari Shankar, while hearing a petition filed under Section 29A(4) and (6) of the Arbitration Act, has held that Sub-section (6) pertaining to substitute the arbitrator is there to further the purpose of Section 29A.Section 29A(6) confers power on a court to substitute one or all of the arbitrators while extending the arbitral tribunal's...