Delhi High Court
"There May Be Some Intelligence We Don't Know": Delhi High Court On PIL Against Singhu Border Blockade, Asks Police Commissioner To Consider
The Delhi High Court on Monday closed a public interest litigation seeking removal of blockade on National Highway 44 at Singhu Border, arguing that inconvenience is being caused to the public at large. A division bench comprising Chief Justice Manmohan and Justice Tushar Rao Gedela asked the petitioners, three individuals, to file a representation to the Commissioner of Delhi Police which...
Rule 86A Of CGST Rules 2017 Does Not Imposes Any Burden To Be Discharged By Taxpayer To Be Entitled To Input Tax Credit: Delhi HC
The Delhi High Court held that the amount of debit to be disallowed from the Electronic Credit Ledger (ECL) should not be more than the amount of the Input tax credit (ITC), which is believed to have been fraudulently availed by taxpayer.At the same time, the High Court clarified that Rule 86A of CGST Rules 2017 is an emergent measure for protection of revenue by temporarily not allowing debit...
Delhi High Court Weekly Round-Up: September 23 To September 29, 2024
Citations 2024 LiveLaw (Del) 1044 to 2024 LiveLaw (Del) 1078NOMINAL INDEXMr. Sujit Kumar Vs. State (Govt. Of Nct Of Delhi) And And 2024 LiveLaw (Del) 1044 Dr. Aniruddha Narayan Malpani v. Union of India 2024 LiveLaw (Del) 1045 SUDARSHAN v. THE STATE (GOVT. OF NCT OF DELHI) & ANR. 2024 LiveLaw (Del) 1046 MANISH v. STATE OF NCT OF DELHI & ANR. 2024 LiveLaw (Del) 1047 MODERN MOLD...
Justice Manmohan Sworn In As Chief Justice Of Delhi High Court
Justice Manmohan on Sunday took oath as the Chief Justice of Delhi High Court. Oath was administered to Justice Manmohan by Lieutenant Governor Vinai Kumar Saxena at the Raj Niwas, the LG's secretariat.The swearing in ceremony was attended by Delhi Chief Minister Atishi. Others present were the Speaker of the Delhi Assembly, Ram Niwas Goel; Leader of the Opposition, judges of the Delhi...
Harsher Punishment Of Dismissal, Compared To Lighter Punishment For Co-Delinquent In Same Incident, Unsustainable: Delhi High Court
A division bench of the Delhi High Court comprising of Justice Suresh Kumar Kait & Justice Girish Kathpalia, while deciding a Letters Patent Appeal held that the harsher punishment of dismissal from service as compared to lighter punishment of compulsory retirement for a co-delinquent in same incident is unsustainable.Background Facts The employee in this case joined the appellant bank...
Delhi High Court Confirms Employee's Discharge For Failing To Withdraw Within Time His Voluntary Unwillingness To Serve
A division bench of the Delhi High Court comprising of Justice Rekha Palli & Justice Shalinder Kaur, while deciding a writ petition held that employee's discharge from service was legal as he failed to withdraw within time period his voluntary unwillingness to serve.Background Facts The employee joined the Indian Navy as a Direct Entry Diploma Holder (DEDH) on August 6, 2006, for a...
Criminal Conviction Necessary For Forfeiture Of Employee's Gratuity: Delhi High Court
Recently, a Division Bench comprising of Justice Suresh Kumar Kait and Justice Girish Kathpalia considered an appeal pertaining to the issue of alleged "moral turpitude" of an employee of Punjab National Bank (“Bank‟) under the Payment of Gratuity Act, 1972, and also, whether the Bank was justified in forfeiting the gratuity without a criminal conviction. The Division Bench upheld...
Sole Proprietor 'Alone' Liable U/S 138 NI Act For Dishonour Of Cheques Issued To Repay Debt: Delhi High Court
While hearing a cheque bouncing case, the Delhi High Court reiterated that in respect of a sole proprietorship firm, the sole proprietor alone can be held responsible for cheques issued by the firm for repaying a debt.In doing so, the high court quashed the complaint and summoning order issued to the petitioner–Sanat Kumar, under Section 138 of the Negotiable Instruments (NI) Act, for...
Credit Card Fees Payable To Foreign Counterpart Of Indian Banking Company Is Not Taxable In India: Delhi High Court
The Delhi High Court held that fees received by the foreign branch of banking company for extending a credit line to the account holder outside India, would not be taxable in India.While noting that the amount payable by the credit card holders would clearly be a debt incurred outside India, the Division Bench of Justice Yashwant Varma and Justice Ravinder Dudeja observed that fee in respect...
Liberty Given To Revenue In SC's Abhisar Buildwell Judgment To Initiate Reassessment Proceedings Doesn't Overcome Limitation U/S 149 Income Tax Act: Delhi HC
The Delhi High Court has made it clear that the Supreme Court judgment in Abhisar Buildwell, which granted liberty to the Revenue Department to initiate reassessment proceedings under Sections 147/148 of the Income Tax Act- in case of completed/ unabated assessment, if no incriminating material is found during the search- cannot be construed to be an authority to override the...
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...