Delhi High Court Refuses To Entertain Plea Challenging Rule Mandating Preservation Of Unused Embryos Solely For Original-Recipient

The Delhi High Court on Monday refused to entertain a plea challenging the Rule which mandates that all unused gametes or embryos shall be preserved by the assisted reproductive technology clinic for use on the same recipient and shall not be used for any other couple or woman. A division bench comprising Chief Justice designate Manmohan and Justice Tushar Rao Gedela said that it is the policy...

Delhi High Court Quashes POCSO Charges Against 19-Yr Old Boy For Consensual Relationship With Minor Girl

The Delhi High Court has quashed a First Information Report (FIR) against a 19-year old man for offence of rape against a 17-year old girl by taking into account the circumstances of the case, including that the accused and minor had entered into sexual relations consensually, begotten a child together and that the minor's mother had no objection to the quashing of the FIR.The Court noted...

Pension Regulations For Army Applicable To Defence Security Corps Service, Delhi HC Allows Condonation Of Shortfall In Service For Pension Benefits

A division bench of the Delhi High Court comprising of Justice Rekha Palli & Justice Shalinder Kaur, while deciding a writ petition held that the Pension Regulations for the Army, 1961 are also applicable to DSC service, hence allowed the condonation of shortfall in DSC service for the pension benefits.Background Facts The employee served in the Indian Army for 23 years, from January...

Staff Welfare Expenditure Incurred By Employer As Per SEBI Guidelines Is Revenue Expenditure: Delhi High Court

Emphasizing that shares which is subject to a lock-in stipulation, could not be sold in an open market, the Delhi High Court held that valuation report obtained by the employer for ascertaining its withholding tax obligations during allotment of such shares to its employees as a perquisite, cannot be considered for purpose of Fair Market Value (FMV) of those shares.Referring to the decision...

Department Can't Issue SCN Simply Alleging Misstatement, Without Pointing Out Specific Fact Of Suppression By Taxpayer: Delhi HC

Finding that the Show cause notice (SCN) issued to the petitioner/assessee did not set out any intelligible reasons for cancellation of its GST registration, the Delhi High Court quashed the said SCN.The High Court found that the SCN issued to the petitioner, simply mentioned the provisions of Section 29(2)(e) of the CGST Act, 2017 which authorises the proper officer to cancel the taxpayer's...

Profits Attributable To Permanent Establishment Can't Be Ignored On Basis Of Global Income Or Loss Earned/ Incurred By Cross Border Entity: Delhi HC

Referring to Article 7 of the Double Taxation Avoidance Agreement (DTAA) entered into between the Government of United Arab Emirates and the Republic of India, the Delhi High Court held that the right of the Holding company (source State) to allocate or attribute income to the Permanent Establishment (PE) cannot be restricted on the basis of the global income or loss that may have been earned...

DCW Appointments: Delhi High Court Dismisses Former Chairperson Swati Maliwal's Plea Against Framing Of Corruption Charges

The Delhi High Court on Friday dismissed a plea filed by AAP Rajya Sabha MP Swati Maliwal challenging a trial court order framing corruption charges against her for allegedly abusing her official position by illegally appointing various acquaintances, including AAP workers, in the Chairperson of Delhi Commission for Women (DCW) between August 6, 2015 to August 1, 2016.Maliwal was then...

Supreme Court To Implement AI Tool To Generate Summary Of Pleadings: Delhi High Court ACJ Manmohan

Delhi High Court's Acting Chief Justice Manmohan has said that the e-committee of the Supreme Court of India is in the process of implementing an Artificial Intelligence tool known as (AI Saransh) developed by the National Informatics Centre (NIC) for précis of the pleadings. The judge said that AI tools can be used to generate a précis of the pleadings of the parties, highlighting...

'Urban Planning Failure': Delhi High Court On Parking Issue In Residential Colonies, Calls For Policy Based Response From Municipal Authorities

Calling it an “urban planning failure”, the Delhi High Court has said that the issue of parking space in residential colonies in the national capital requires a policy based response from the municipal authorities. “The absence of dedicated parking spaces in residential colonies is a civic issue that requires a policy- based response from municipal authorities rather than...

Waqf Board Case: Delhi High Court Issues Notice On AAP MLA Amanatullah Khan's Plea Challenging Arrest, ED Objects On Maintainability

The Delhi High Court on Thursday issued notice on a plea filed by Aam Aadmi Party (AAP) MLA Amanatullah Khan challenging his arrest by the Enforcement Directorate (ED) in a money laundering case connected to the alleged irregularities in the Delhi Waqf Board recruitment during his chairmanship.Justice Neena Bansal Krishna sought response of ED within 15 days and listed the matter for hearing...

Since Seat Is Fixed, Only Court Having Territorial Jurisdiction Over Seat Has Jurisdiction Over Arbitral Proceedings: Delhi High Court

The Delhi High Court bench of Justice C. Hari Shankar, while hearing a Section 11 petition, has held that when the seat of the arbitration is contractually fixed, only those Courts having territorial jurisdiction over the seat would have the curial jurisdiction over the arbitral proceedings. Following the dictum in BGS SGS Soma JV v. NHPC Ltd, the court held that the High Court of Delhi...

Delhi High Court Stays Arbitral Awards Due To Unilateral Appointment Of Arbitrator

The Delhi High Court bench presided by Justice C. Hari Shankar has stayed the execution of two arbitral awards, holding that the unilateral appointment of the arbitrator by the respondent, without court intervention under Section 11 of the Arbitration and Conciliation Act, 1996, and in violation of Section 12(5) of the Act, rendered the arbitration proceedings invalid...