Order Cancelling GST Registration With Retrospective Effect Bereft Of Reasons, Liable To Be Quashed: Delhi High Court

The Delhi High Court has quashed the order cancelling GST registration with retrospective effect, bereft of reasons.The bench of Justice Sanjeev Sachdeva and Justice Ravinder Dudeja has observed 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...

Bureau Of Immigration Can't Delete LOC On Its Own Without Originator's Request: Delhi High Court

The Delhi High Court has observed that the Bureau of Immigration has not been vested with the jurisdiction to delete a look out circular (LOC) on its own without there being any request from the Originator. Justice Subramonium Prasad said that the Bureau of Immigration cannot sit as an Appellate Authority and see if there is sufficient material for opening the LOC, as the materials of such...

E-Commerce Platforms Must Protect Intellectual Property Rights Of Sellers, Can't Become Safe Haven For Infringers: Delhi High Court

The Delhi High Court has observed that an e-commerce platform cannot become haven for infringers and it must protect the intellectual property rights of others. “E-commerce websites are commercial ventures, and are inherently profit oriented. There is, of course, nothing objectionable in this; but, while ensuring their highest returns, such websites have also to sedulously protect...

'Political Party Not Named, Can't Have Any Issue': Delhi High Court On PIL Against Use Of Public Servants To Highlight Govt's Achievements

The Delhi High Court on Friday said that one cannot have a grievance with the use of Defence officers and Civil Servants to highlight the schemes and achievements of the ruling government, if there is no political insignia or no name of political party is used. A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora made the remark while hearing a...

'Right To Reproductive Choice Includes Right Not To Procreate': Delhi High Court Allows Woman To Terminate Pregnancy After Husband's Death

Observing that the right to reproductive choice includes the right not to procreate, the Delhi High Court yesterday allowed a woman to terminate her pregnancy of 29 weeks as she was suffering with extreme trauma after her husband's death. Justice Subramonium Prasad said that the woman should be permitted to terminate her pregnancy because allowing her to continue with the same can impair...

100 Important Judgments Of Delhi High Court In 2023 [Part I]

LiveLaw reported 1357 judgments from Delhi High Court in 2023. Here are some of the important decisions:1. 'Cannot Overlook Rights Of Accused Or Convict': Delhi High Court Asks Trial Court Judges To Show Sensitivity Towards UndertrialsTitle: MR. SAAD AHMED SIDDIQUI (IN J.C.) & ORS. v. THE STATE (GOVT. OF NCT OF DELHI)Citation: 2023 LiveLaw (Del) 12The Delhi High Court has advised trial...

Plea In Delhi High Court Seeks Issuance Of Directions For Effective Implementation Of New Criminal Laws In Cases Where Trial Yet To Commence

A petition has been filed before the Delhi High Court seeking the issuance of practice directions regarding the three new criminal laws in relation to cases where the cause of action dates back to before the passing of the new laws and no petition, application or trial had been commenced.The plea also seeks effective implementation of the existing court infrastructure for recording trials...

Use Of Trademark Incidental To Advertisement Or Publicity Is A Business Income, Not Royalty And FTS: Delhi High Court

The Delhi High Court has held that the use of trademarks incidental to advertisement or publicity was held as neither royalty nor fees for technical services (FTS) but as business income.The bench of Justice Vibhu Bakhru and Justice Amit Mahajan has observed that merely because the extensive services rendered by the assessee in terms of the Strategic Oversight Services Agreements (SOSA)...

Delhi High Court Fixes Timelines For Interviews, Decision Making Process In Organ Transplant Cases

The Delhi High Court on Thursday fixed timelines to be followed by the Authorisation Committee under the Transplantation of Human Organs and Tissues Rules, 2014, for conducting interviews and decision-making process in organ transplant cases.Justice Prathiba M Singh observed that a time-bound approach is crucial to maintain the integrity and effectiveness of organ transplantation protocols...

Mahua Moitra Withdraws From Delhi High Court Plea Against Eviction From Govt Bungalow, Will Approach Directorate Of Estates

Trinamool Congress leader Mohua Moitra on Thursday withdrew from the Delhi High Court her plea challenging the cancellation of her government accommodation following her expulsion from the Lok Sabha in connection with the 'cash-for-query' allegations. Moitra's counsel told Justice Subramonium Prasad that the TMC leader will approach the Union Government's Directorate of Estates for...

Can Issue Anti-Suit Injunction If Matrimonial Proceedings In Foreign Courts Concerning Non-Resident Indians Oppressive: Delhi High Court

The Delhi High Court has made it clear that Indian Courts can issue anti-suit injunction if matrimonial proceedings in a foreign court, concerning non-resident Indians are oppressive or vexatious.While dealing with a case under the Hindu Marriage Act, 1955, a division bench of Justice V Kameswar Rao and Justice Anoop Kumar Mendiratta flagged the growing trend of invoking jurisdiction of...

Persons With Disabilities Must Be Given Choice To Be Posted At Preferred Place, May Be Exempted From Rotational Transfers: Delhi High Court

The Delhi High Court has observed that the State must ensure that transfers and job postings of Persons with Disabilities (PwDs) is done in a way that they shall be given the choice to be posted at their preferred place of posting, and may even be exempted from rotational transfers as mandated for other employees.Justice Chandra Dhari Singh said that the State shall also ensure that PwDs are...