Delhi High Court
Taxation And Other Laws Act, 2020 Does Not Alter Sanction Powers For Reopening Conferred U/s 151 Of Income Tax Act: Delhi High Court
The Delhi High Court recently clarified that the TOLA [Taxation and Other Laws (Relaxation & Amendment of Certain Provisions) Act, 2020] authorisation merely enables the competent authority to take action within the extended time period which would have otherwise been regulated by Sections 148 and 149, but does not amend the structure for approval which stands erected by virtue of...
'Can't Get Into This': Delhi High Court On Plea To Include Chapter On 'Dharma' And 'Religion' In School Syllabus
The Delhi High Court on Thursday directed the Union Government to treat as representation a PIL seeking to distinguish between “Dharma” and “Religion” and to include a chapter on the subject in the curriculum of primary and secondary schools. A division bench comprising of Chief Justice designate, Justice Manmohan and Justice Tushar Rao Gedela directed the Union Ministries of Culture...
'We Don't Frame System Of Money Transfers': Delhi High Court On PIL Seeking 'Uniform Banking Code' To Regulate Foreign Exchange Transactions
The Delhi High Court on Thursday directed the Union Government to treat as representation a public interest litigation moved by Advocate and BJP leader Ashwini Kumar Upadhyay, seeking implementation of a "Uniform Banking Code" for Foreign Exchange Transactions.A division bench comprising Chief Justice designate, Justice Manmohan and Justice Tushar Rao Gedela directed the Centre to decide the...
Rahul Gandhi Citizenship Row: Delhi High Court Seeks Status Of Proceedings Pending Before Allahabad HC
The Delhi High Court on Thursday listed for hearing on October 09 the petition filed by Bhartiya Janata Party (BJP) leader Subramanian Swamy regarding the issue of citizenship of Congress leader Rahul Gandhi. A division bench comprising Chief Justice designate, Justice Manmohan and Justice Tushar Rao Gedela asked the Union Government's counsel to obtain the copy of the petition pending on...
'Cannot Assume Careless Omission By Legislature': Delhi HC Holds Section 174-A IPC To Fall Within Bar Of Section 195 Cr.P.C
The Delhi High Court has observed that cognizance of offence under Section 174-A IPC is covered by the bar under Section 195(1)(a)(i) Cr.P.C, which requires that cognizance of offences under Sections 172 to 188 IPC could only be taken on a complaint in writing by the public servant.The Court noted that Section 174-A, which penalizes the non-appearance of a proclaimed offender at a specified...
AgustaWestland Case: Delhi High Court Denies Bail To Christian Michel In CBI FIR
The Delhi High Court on Wednesday dismissed the bail application filed by British Arms Counsultant Christian James Michel in the case registered by Central Bureau of Investigation (CBI) in connection with the Agusta Westland chopper scam case. Justice Dinesh Kumar Sharma rejected Michel's bail plea in CBI case and listed his plea seeking bail in the money laundering case registered by...
Document Classified As 'Top Secret' Under Official Secrets Act Can't Be Directed To Be Produced By Arbitral Tribunal: Delhi High Court
The Delhi High Court has held that a document classified “Top Secret” and “Protected” under the Official Secrets Act, 1923, cannot be directed to be produced by an Arbitral Tribunal.Justice Manoj Jain allowed the plea moved by Director General of Project Varsha, Union Ministry of Defence, against an order directing it to submit documents concerning the project in a sealed cover to...
Drawing Cheque Of Time-Barred Debt Resurrects Debt Through S.25(3) Of Indian Contracts Act, Triggers Liability U/S 138 NI Act: Delhi High Court
The Delhi High Court had observed that the presentation of a cheque of a time-barred debt itself revives the debt under Section 25(3) of the Indian Contract Act, 1872. It stated that the furnishing of the cheque is in itself an acknowledgement of a debt or liability and thus in case of dishonour of the cheque, the creditor can enforce legal liability and the accused cannot claim that debt...
'Absolute Corruption Of Youth': Delhi High Court Calls For 'Stringent Action' Against Candidates Defacing Public Property Amid DUSU Polls
The Delhi High Court on Wednesday asked the Delhi University to take stringent action against the candidates indulging in vandalism and defacing public property during the ongoing students' union elections, calling the situation “worse than the general elections.”A division bench comprising of Chief Justice designate, Justice Manmohan and Justice Tushar Rao Gedela observed that prima...
Application U/S 12 Of Domestic Violence Act Can Only Be Filed Before Jurisdictional Magistrate: Delhi High Court
The Delhi High Court has observed that an application under Section 12 of the Domestic Violence Act can only be filed before the jurisdictional magistrate. Section 12 states that an “aggrieved person” or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs under the Domestic Violence Act....
'Communal Politics Being Played Through Court': Delhi HC Rap On Appeal Against Installation Of 'Jhansi Rani' Statue Inside Shahi Idgah Park
The Delhi High Court on Wednesday pulled up the Shahi Idgah Managing Committee for making “scandalous pleadings” in its appeal against a single judge which rejected its plea against the installation of the statue of “Maharani of Jhansi” inside the Shahi Idgah Park situated at city's Sadar Bazar area.A division bench comprising of Chief Justice designate, Justice Manmohan and...
Justice Suresh Kumar Kait Bids Farewell To Delhi High Court, Pays Homage To Dr. BR Ambedkar
Justice Suresh Kumar Kait bid farewell to the Delhi High Court on Tuesday, following his appointment as the Chief Justices of Madhya Pradesh High Court. His appointment was notified by the Union Government on September 21. Justice Kait was elevated as an additional judge of the Delhi High Court on September 05, 2008, and was made a permanent judge on April 12, 2013. He was transferred...