Delhi High Court
GST Act Empowers Proper Officer To Grant Upto Three Adjournments If Sufficient Cause Is Shown: Delhi High Court
The Delhi High Court has held that, as per Section 75(5) of the GST Act, if sufficient cause is shown, the proper officer shall adjourn the hearing; however, not more than three adjournments may be granted.The bench of Justice Sanjeev Sachdeva and Justice Ravinder Dudeja has observed that, in terms of Section 75(5) of the Act, three adjournments may be granted, but it is not mandatory for...
Arbitration Clause In Terms & Conditions (T&C) On A Website Is Binding On The Parties If The Digital Agreement Incorporated Hyperlink To Such T&C: Delhi High Court
The High Court of Delhi has held that an arbitration clause contained in the terms and conditions available on the website of a company would get incorporated in the agreement between the parties if the agreement makes an express reference and provide a hyperlink to T&Cs. The bench of Justices Vibhu Bakhru and Ravinder Dudeja held that such an incorporation of arbitration...
Arvind Kejriwal's Personal Decision To Continue As CM Despite Arrest Shouldn't Deprive MCD School Students Of Books: Delhi High Court
The Delhi High Court on Monday said that the decision of Arvind Kejriwal to continue to hold the position of Chief Minister despite his arrest is his “personal decision” but his non-availability cannot come in the way of young children studying in MCD schools from receiving their free text books, writing material and uniform forthwith.A division bench comprising Acting Chief Justice...
High Court U/S 11(6) Of A&C Act Can Direct 'Central Registrar' Of Co-Operative Societies To Appoint Arbitrator U/S 84 Multi State Cooperative Societies Act, 2002: Delhi High Court
The High Court of Delhi has held that a petition under Section 11(6) of the A&C Act can be entertained by the High Court to direct the 'Central Registrar' of Co-operative Societies to appoint an arbitrator under Section 84 of Multi State Cooperative Societies Act, 2002 after it fails to act on the request of the party.The Bench of Justice Prathiba M. Singh held that as per Section 84(4),...
BREAKING | Delhi High Court Dismisses Plea To Disqualify PM Narendra Modi From Contesting Elections, Calls It "Thoroughly Misconceived"
The Delhi High Court on Monday dismissed a plea seeking to disqualify Prime Minister Narendra Modi for six years for allegedly seeking votes for the Bhartiya Janata Party (BJP) in the name of Hindu as well as Sikh deities and place of worships.The plea was moved by Anand S Jondhale, a lawyer by profession.Justice Sachin Datta observed that the petition is thoroughly misconceived as the...
Delhi High Court Refuses To Entertain PIL Seeking 'Authoritative Interpretation' Of Section 66 Of PMLA
The Delhi High Court on Monday refused to entertain a PIL seeking “authoritative interpretation” of Section 66 of PMLA, alleging that ED is pressurizing the police and CBI to file FIRs under predicate offence on the basis of the information shared by it with the agencies.A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora granted liberty to...
Arbitration Clause In The Original Agreement Would Not Survive When The Agreement Is Superseded By A Settlement Agreement Without An Arbitration Clause: Delhi High Court
The High Court of Delhi has held that an arbitration clause contained in the original agreement would fall if the agreement is superseded by a settlement agreement without an arbitration clause.The bench of Justice Pratibha M. Singh held that if a mutual settlement supersedes the original contract, the original arbitration clause would not survive and if there is unilateral repudiation, then...
A Contractor Cannot Be Debarred Without Notice, Even If There Is A Provision For Deemed Debarment In The Contract Following Its Termination: Delhi High Court
The High Court of Delhi has held that a contract cannot be debarred or blacklisted without a prior notice or opportunity of hearing even in cases where there is a provision in the contract for deemed debarment in case of termination of the contract. The bench of Justice Prathiba M. Singh held that an order of debarment has a domino effect which of results in the civil death of an...
Denial Of ITC To Customers Is One Of The Consequence Of Retrospective GST Registration Cancellation: Delhi High Court
The Delhi High Court has held that one of the consequences of cancelling a taxpayer's registration with retrospective effect is that the taxpayer's customers are denied the input tax credit availed in respect of the supplies made by the taxpayer.The bench of Justice Sanjeev Sachdeva and Justice Ravinder Dudeja has observed that simply because a taxpayer has not filed the returns for some...
CA Certificate Not Matching With Details On ICAI Portal As Per UDIN, Delhi High Court Upholds Disqualification By IRCTC
The Delhi High Court has upheld the disqualification as the CA Certificate did not match details on the Institute of Chartered Accountants of India (ICAI) portal as per the Unique Document Identification Number (UDIN).The bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora has observed that the discrepancy has arisen on account of the non-mention of the...
Delhi High Court Seeks Centre's Response On Plea To Restore Summer And Winter Vacations In NCDRC
The Delhi High Court has recently issued notice on a plea to restore the summer and winter vacations in the months of June and December in the calendar of the National Consumer Disputes Redressal Commission (NCDRC).Justice Subramonium Prasad sought response of the Union Government within three weeks and listed the matter for hearing on May 20. The NCDRC does not go on any vacations. However,...
Delhi High Court Grants Two Weeks Parole To Murder Convict Sentenced To Life For Attending His Marriage
The Delhi High Court has granted two weeks parole to a man, convicted in a murder case and sentenced to life, for attending his engagement ceremony and marriage.Justice Amit Sharma allowed the plea moved by convict Rahul Dev who was convicted in 2014 for the offences under Section 302 (punishment for murder) and 201 (causing disappearance of evidence or giving false information to...