Delhi High Court
Ruling Of Apex Court In Ashish Agarwal Case Is Not Applicable To Taxpayers Who Didn't Assail Original Reopening Notice U/s 148, Clarifies Delhi HC
While examining the ratio laid down by the Apex Court in landmark judgment of Union of India and Ors. vs Ashish Agarwal [(2023) 1 SCC 617], the Delhi High Court clarified that the said decision was principally concerned with the correctness of judgments rendered by various High Courts on challenges raised by Assessees to the initiation of reassessment in accordance with...
Arbitrator Can't Assume Arbitral Seat Without Clear Agreement From Parties: Delhi High Court
The Delhi High Court bench of Justice C. Hari Shankar has held that that parties in arbitration can agree to an arbitral seat at a neutral location, different from where the contract was executed, the work was carried out, or the arbitration proceedings were conducted. However, such a decision must first reflect mutual agreement and, secondly, must be documented, either...
Arbitration | Absence Of Monetary Claim In Section 21 Notice Doesn't Negate Existence Of Dispute: Delhi High Court
The Delhi High Court bench of Justice C. Hari Shankar has held that due to the broad interpretation of the term "dispute," the court cannot definitively conclude that no dispute exists between the parties, even in the absence of a monetary claim by the Petitioner against the Respondent in the notice issued under Section 21 of the Arbitration and Conciliation Act, 1996. Section...
Mere Govt Recommendation Doesn't Entitle Individual To Claim DDA Plot In Area Of Choice, Allotment Subject To Availability: Delhi High Court
The Delhi High Court has observed that an individual cannot claim a particular plot of land in a particular area of his choice as a matter of right, even if recommendations were made by a government authority or agency for allotment of alternate land to the individual. A Single Judge Bench of Justice Dharmesh Sharma was considering the petitioner's prayer for allotment of land measuring...
DHFL Bank Fraud Case: Delhi High Court Grants Bail To Ex-Promoter Dheeraj Wadhwan On Medical Grounds
The Delhi High Court on Monday (September 9), granted bail on medical grounds to former promoter of Dewan Housing Finance Corporation Limited (DHFL) Dheeraj Wadhwan, who is an accused in the alleged multi crore bank loan misappropriation and cheating case. The order was passed in Wadhawan's plea for bail on medical grounds, who had moved the high court after the Special Judge (PC Act)...
Delhi High Court Asks Centre To Issue Instructions To Hospitals To Ensure Identity Of Minor Rape Victims In MTP Cases Is Not Revealed
The Delhi High Court has directed the Union Government to issue appropriate instructions to all hospitals to ensure that the identity of minor rape victims undergoing medical termination of pregnancy is not revealed and the record is kept confidential.Justice Anoop Kumar Mendiratta was dealing with a plea moved by a 16 year old minor girl seeking termination of her pregnancy of approximately...
Delhi High Court Denies Bail To Man Accused Of Raping 6-Yr-Old Daughter, Says Long Term Effects Of Child Sexual Abuse Insurmountable
The Delhi High Court has denied bail to a man accused of raping his 6-year-old daughter in August last year, underscoring that the long-term effects of childhood sexual abuse are, at many times, insurmountable. “An act of sexual assault or sexual harassment, therefore, has the potential to cause mental trauma to the child and may dictate their thought process for the years to come. It...
Twelve-Month Period For Arbitral Award Begins From Completion Of Pleadings, Not Statement Of Defense: Delhi High Court
The Delhi High Court bench of Justice C. Hari Shankar has held that Section 29A(1) of the Arbitration and Conciliation Act, 1996, when read with Section 29A(4), implies that the mandate of the arbitral tribunal terminates if the tribunal does not issue the award within twelve months of completing the pleadings under Section 23(4). The bench held that the twelve-month period is to...
Delhi High Court Vacates Interim Order Directing Journalist Abhishek Baxi To Delete Tweet On Rohan Dua
The Delhi High Court on Tuesday vacated its interim order directing journalist Abhishek Baxi to delete his tweet against journalist Rohan Dua in relation the latter's interview of olympian Manu Bhaker.Justice Navin Chawla vacated the interim order passed on September 02 directing Baxi and other social media handles to delete tweets against Dua regarding the interview. Baxi then filed...
Order In Section 9 Of Arbitration Act Based On Settlement Is Enforceable As Decree : Delhi High Court
The Delhi High Court bench of Justice C. Hari Shankar has held that an order passed under Section 9 of the Arbitration and Conciliation Act, 1996, based on a settlement agreement, is enforceable as a decree in accordance with Section 36 of the Code of Civil Procedure. Section 36 of the CPC pertains to the "Application to orders" and addresses the execution of decrees and orders....
Delhi High Court Rejects Somnath Bharti's Prayer To Preserve Burnt Memory Of EVMs Used In LS Polls In Plea Against BJP's Bansuri Swaraj's Election
The Delhi High Court has rejected the prayer of Aam Aadmi Party (AAP) leader Somnath Bharti seeking a direction upon the Election Commission of India (ECI) to provide him with the burnt memory of all 1489 EVMs used in the Lok Sabha elections 2024 from New Delhi Parliamentary Constituency.Justice Manmeet Pritam Singh Arora was dealing with Bharti's plea challenging Swaraj's election on the...
Liquor Policy: Delhi High Court Grants Bail To Sameer Mahendru, Chanpreet Singh In ED Case
The Delhi High Court on Monday granted bail to businessman Sameer Mahendru and Aam Aadmi Party (AAP) volunteer Chanpreet Singh Rayat in the money laundering case connected to the alleged liquor policy scam.Justice Neena Bansal Krishna allowed the bail pleas filed by Mahendru and Rayat. In October last year, a coordinate bench had refused to grant bail to Mahendru on medical grounds. It is...