Delhi High Court
Delhi High Court Refers Employment Agreement Dispute Between BharatPe, Ashneer Grover To Arbitration
The Delhi High Court on Thursday referred to arbitration the dispute between former Managing Director of BharatPe, Ashneer Grover, and the fintech company concerning an employment agreement entered between them in August 2021. Justice C Hari Shankar passed the order for the appointment of a sole arbitrator to resolve the dispute. The order was passed in a plea filed by BharatPe seeking...
Court Has Power To Grant Anti-Enforcement Injunction Against Proceedings In Foreign Court Which Threaten Arbitral Process Initiated In India: Delhi High Court
The Delhi High Court bench of Justice C. Hari Shankar has held that when proceedings in a foreign court, or a decree issued by a foreign court, threaten the arbitral process that may be initiated in India, the court has the authority under Section 9 of the Arbitration Act to restrain the party from continuing with the foreign proceedings or enforcing the...
Consumer Protection Regulations Must Be Interpreted To Align With Overarching Goal Of RTI Act: Delhi High Court
The Delhi High Court observed that the absence of explicit prohibition on third parties from accessing information related to proceedings under the Consumer Protection Regulations, 2005 as a gap in the regulatory framework and this the Regulations should be interpreted in line with the RTI Act's goal of enhancing transparency.It further observed that third parties must provide detailed...
Delhi High Court Allows Medical Termination Of Pregnancy For Woman In Live-In-Relationship
The Delhi High Court has recently permitted a 27-year-old woman, a single mother abandoned by her husband, to undergo medical termination of a 22-week pregnancy arising from a live-in relationship.Justice Sanjeev Narula reiterated that a pregnant woman's bodily autonomy and right of self-determination is an intrinsic part of her fundamental rights enshrined under Article 21 of...
Courts Cannot Be Silent Spectators Or Loudspeakers To Echo Whatever Is Written In Chargesheet: Delhi High Court
The Delhi High Court has recently observed that Courts cannot be silent spectators or loudspeakers to echo whatever has been presented before them in the chargesheet.Justice Neena Bansal Krishna made the observation while discharging two brothers for the offence of attempt to murder. One of the brothers was also discharged of the offence of Section 27 of the Arms Act. The incident happened...
Competition Commission Of India Must Honour Outcome Of Mediation, Settlements Between Parties: Delhi High Court
The Delhi High Court has recently observed that the Competition Commission of India (CCI) must honour the outcomes of mediation and respect the settlements reached between the parties. A division bench comprising of Justice Prathiba M Singh and Justice Amit Sharma said regulatory authorities such as the CCI are no exception to mediation process and settlements.“By doing so, they not only...
Word 'Approved' By PCCIT For Reopening Of Assessment Not Enough, Reasons Necessary, Delhi High Court
The Delhi High Court has held that mere appending of the word “approved” by the PCCIT while granting approval under Section 151 of the Income Tax Act to the reopening under Section 148 is not enough.The bench of Justice Yashwant Varma and Justice Ravinder Dudeja has observed that while the Principal Chief Commissioner of Income Tax (PCCIT) is not required to record elaborate reasons, he...
Delhi High Court Asks Centre To Decide Plea Against "Illegal" Online Sale Of Hookahs Without Proper Health Warning
The Delhi High Court on Tuesday directed the Centre to treat as a representation a Public Interest Litigation (PIL) petition seeking immediate action against the "illegal online sale of hookahs" on e-commerce platforms without specific health warnings.During the hearing a division bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela orally said to the counsel appearing for...
Delhi High Court Allows Subramanian Swamy's Request To List Plea On Rahul Gandhi's Citizenship As 'Public Interest Litigation'
The Delhi High Court today permitted Bhartiya Janata Party (BJP) leader Dr. Subramanian Swamy's plea seeking action on his complaint against Rahul Gandhi's citizenship to be listed before the roster bench hearing Public Interest Litigation (PIL) matters.Justice Sanjeev Narula said there is no violation of any "legally enforceable right" to invoke its writ jurisdiction under Article 226 of...
Section 80-IA(7) Deduction Can't Be Denied For Failure To Digitally File Audit Report: Delhi High Court
The Delhi High Court has held that the deduction under Section 80-IA(7) of the Income Tax Act cannot be denied for the mere failure of the assessee to digitally file an audit report.The bench of Justice Yashwant Varma and Justice Ravinder Dudeja has observed that Audit Report was duly furnished to the AO and was available to be scrutinised and examined by that authority during the...
Amount Paid For Obtaining Mining Rights In E-Auctions Can't Be Construed As Income; Delhi High Court Quashes Reassessment Order
The Delhi High Court has quashed the reassessment order and held that the amount paid for obtaining mining rights in e-auctions cannot be construed as income.The bench of Justice Yashwant Varma and Justice Tara Vitasta Ganju has observed that the Department of Mines and Geology had merely provided to the AO the total amount paid by the petitioner for obtaining mining rights in the e-auctions...
Refusal To Reconsider Officer's Promotion Despite Striking Down Downgraded Assessment Is Illegal: Delhi High Court
The Delhi High Court has observed that the Central Government's refusal to reconsider the promotion of an Indian army officer, despite finding that the officer's Confidential Report (CR) had been incorrectly downgraded by the Initiating Officer (IO), was arbitrary and illegal.The Court further observed that the order of the Armed Forces Tribunal to deny the promotion to the officer until a...