Delhi High Court
Uploading Of Notices By GST Department Under Heading 'Additional Notices' Is Sufficient Service: Delhi High Court
The Delhi High Court has held that the uploading of notices by the GST department under the heading 'additional notices' amounts to sufficient service.The bench of Justice Vibhu Bakhru and Justice Sachin Datta, while remanding the matter to the authority to adjudicate the Show Cause Notice afresh, observed that the GST Authorities had addressed the issue and had re-designed the portal to...
Arbitrator Panel Restricting Nominee Selection To Railways' Officers and Suggested Names Is Not Valid: Delhi High Court
The Delhi High Court bench of Justice Prateek Jalan has held that panel comprising of serving or retired officers of Railways not only restricted the party's choice but also compelled it to choose its nominee from amongst four names suggested by the Railways. The bench noted that such a panel is not in consonance with the judgment of the Supreme Court in Central Organisation for...
Disputes Related To Lock-In Periods In Employment Contracts Are Arbitrable: Delhi High Court
The Delhi High Court bench of Justice Prathiba M. Singh has held that disputes relating to lock-in periods that apply during the subsistence of employment contracts are arbitrable under the Arbitration and Conciliation Act, 1996. The High Court held that the three-year lock-in period did not constitute an unreasonable curtailment of the employees' right to employment and did not...
TPO Lacks Jurisdiction To Question Commercial Expediency Or Genuineness Of Need: Delhi High Court
The Delhi High Court has held that the statutory authority conferred upon the Transfer Pricing Officer (TPO) can only extend to an examination of the appropriateness of the method adopted for the purposes of determining arm's length pricing (ALP) or evaluating the enlistment of comparables. However, the TPO would neither be justified nor could it be countenanced to have the jurisdiction...
Loans Extended By NOIDA Is Not Commercial Activity, Eligible For Section 10(46) Exemption: Delhi High Court
The Delhi High Court has held that the loans and advances extended by the New Okhla Industrial Development Authority (NOIDA) are not commercial activities and are eligible for exemption under Section 10(46) of the Income Tax Act.The bench of Justice Yashwant Varma and Justice Purushaindra Kumar Kaurav has observed that the respondent department has erred in holding that the loans and...
Delhi Riots: High Court Reserves Order On Plea Seeking SIT Probe Into Death Of Man Forced To Sing 'Vande Mataram'
The Delhi High Court on Friday reserved judgment on a plea moved by mother of 23 year-old Faizan, who was forced to sing Vande Mataram during the 2020 North-East Delhi riots, seeking SIT probe into her son's death.Justice Anup Jairam Bhambhani reserved the verdict in the plea which was filed in 2020. The incident relates to a video that had gone viral on social media wherein Faizan was...
Swati Maliwal Assault Case: Delhi High Court Denies Bail To Accused Bibhav Kumar
The Delhi High Court on Friday denied bail to Chief Minister Arvind Kejriwal's close aide Bhibhav Kumar in the alleged Swati Maliwal assault case.Justice Anoop Kumar Mendiratta rejected Kumar's bail plea, observing that though he happens to be only designated as a personal secretary to the Chief Minister but he yields considerable influence.The court said that at this stage, it cannot be...
Arbitration Clause In Lease Agreement Invalidated By Subsequent Verbal Agreement: Delhi High Court
The Delhi High Court bench of Justice Manoj Jain has held that the arbitration clause in a lease agreement ceases to exist if the lease terminates and a new verbal tenancy agreement is established. The bench noted that: “….but since previous agreement was replaced and substituted by an oral agreement, defendant cannot be permitted to fall back upon any of the term contained in...
Arbitration Clauses Require Explicit Reference In Subsequent Agreements: Delhi High Court
The Delhi High Court bench of Justice Jasmeet Singh has held that for an arbitration clause to be enforceable in subsequent agreements, it must be explicitly referenced within those agreements. The bench noted that the subsequent agreement in the dispute contained a specific exclusion of the arbitration clause. The bench held that: “Both the parties have agreed to the said...
Delhi High Court Directs Congress Leaders To Immediately Delete 'Defamatory Tweets' Against Rajat Sharma
The Delhi High Court has directed Congress leaders Ragini Nayak, Jairam Ramesh and Pawan Khera to immediately delete “defamatory tweets” against senior journalist Rajat Sharma latest by 7 PM today, in compliance of an interim order passed on June 14. Justice Manmeet Pritam Singh Arora directed X Corp, formerly Twitter, to unblock the tweets in question, which the social media platform...
Video Posted By Ragini Nayak Alleging Abuse By Journalist Rajat Sharma Not Edited Or Fake: Twitter To Delhi High Court
X Corp, formerly Twitter, has told the Delhi High Court that the video posted by Congress leader Ragini Nayak on the social media platform alleging that senior journalist Rajat Sharma abused her on live TV is “not edited or fake.”The social media platform has said that the video in question, which was also shared by Congress leaders Jairam Ramesh and Pawan Khera, matches India TV's own...
Delhi High Court's Justice Amit Sharma Recuses From Hearing NIA's Appeal Seeking Death Penalty For Yasin Malik In Terror Funding Case
Justice Amit Sharma of the Delhi High Court on Thursday recused from hearing an appeal moved by National Investigation Agency (NIA) seeking death penalty for Kashmiri separatist leader Yasin Malik, convicted and awarded life sentence in a terror funding case.Justice Sharma was appointed as Special Public Prosecutor (SPP) for NIA in 2010. As SPP, the judge handled prosecution relating to...