Delhi High Court
Consider Feasibility Of Holding Muslim Mahapanchayat Meeting At Ramlila Ground On Dec 18: High Court To Delhi Police, MCD
The Delhi High Court has directed the Delhi Police and Municipal Corporation of Delhi (MCD) to consider feasibility of holding a public meeting (All India Muslim Mahapanchayat) at the Ramlila Ground on December 18.Justice Subramonium Prasad ordered that the application already given by the organization, Mission Save Constitution, for holding the Mahapanchayat on December 18 be treated as...
Delhi High Court Allows Plea Of Manual Scavenger’s Widow For Increase In Compensation From 10 To 30 Lacs
The Delhi High Court on Thursday allowed plea of a sanitation worker’s widow for enhancement of compensation from Rs.10 lacs to 30 lacs, based on the Supreme Court’s judgment in Balram Singh v. Union of India & Ors., whereby directions were issued w.r.t. compensation of dependents of victims who have lost their lives in manual scavenging. The petitioner had approached the...
Debt Recovery | Extension Of Interim Relief At The Time Of Remand Subject To Prima Facie Finding In Petitioner's Favor: Delhi High Court
A Division Bench of the Delhi High Court recently held that an interim order granted by the Debts Recovery Appellate Tribunal ("DRAT") during the pendency of appeal was not required to be extended in pursuance of remand, without a prima facie finding on the need for such an order. The Bench, comprising Justices Vibhu Bakhru and Amit Mahajan, dismissed the present writ petition...
‘Scheduled Offence’ Cannot Exist After Quashing Of FIR: Delhi High Court Quashes PMLA Proceedings
The Delhi High Court has quashed PMLA proceedings initiated by the Enforcement Directorate (ED) against an accused, on the basis of two FIRs registered against him- that were later quashed and compounded after settlement between the parties.Justice Amit Sharma said that a scheduled offence, after an FIR has been quashed, cannot exist and therefore, if there is no scheduled offence, there can...
‘Brief Order’ Of Advertisement Before Acceptance Of Mark Must Be Available On Trade Mark Registry’s Portal For Litigants’ Reference: Delhi High Court
The Delhi High Court has observed that a brief order which has to be passed at the time of directing advertisement before acceptance of a mark should be made available on the online portal of the Trade Marks Registry for reference of the litigants. Justice Prathiba M Singh said that in case such a brief order is not uploaded for all the trademark applications, a copy of the same should still...
Court Cant Grant Unconditional Stay Of Award Under Section 36(3) Unless A Prima Facie Case Of Fraud: Delhi High Court
The High Court of Delhi has held that the Court cannot grant unconditional stay on the award under Section 36(3) unless a prima facie case is made out that making of the award is marred by fraud. The bench of Justice Manoj Kumar Ohri refused to grant a stay in favour of a foreign entity with no roots in India. The Court observed that it has no assets that can be offered as security...
Loss Of Goodwill Is Difficult To Prove, Cannot Be Proved With Mathematical Precision: Delhi High Court
The High Court of Delhi has held that it would be difficult for any party claiming loss of goodwill to prove or establish the same with any mathematical precision. The bench of Justices Vibhu Bakhru and Justice Amit Mahajan upheld an arbitral award wherein the arbitrator allowed a party to retain certain amount as penalty, being the genuine pre-estimate of the loss of goodwill without...
No Recovery Towards TAS Can Be Made Towards Deductee Even If Deductor Is Undergoing CIRP: Delhi High Court
The Delhi High Court has held that no recovery towards Tax at Source (TAS) can be made towards the deductee even if the deductor is undergoing the Corporate Insolvency Resolution Process (CIRP).The bench of Justice Rajiv Shakdher and Justice Girish Kathpalia has observed that the deductee (petitioner) followed the regime framed in the Act for collecting TAS through an agent (Ninex) of...
When Tenant Is Evicted For Bonafide Use, Courts Should Refrain From Prescribing Guidelines For Landlord’s Residential Choices: Delhi High Court
Granting relief to a landlord who evicted a tenant from his shop for setting up a business for his wife which constitutes as a “bona fide requirement”, the Delhi High Court has said that courts should refrain from prescribing any standard or guidelines for the residential choices of a landlord.Emphasizing that the tenant cannot dictate as to how the landlord must utilize the property,...
Delhi High Court Upholds Extradition Of Man Charged With Murder Of Family In Oman
The Delhi High Court on Friday upheld the Union Government’s decision to extradite a man charged with murder of a family, including three minor children, in Oman. Justice Amit Bansal dismissed the petition moved by the accused, Majibullah Mohammad Haneef, challenging a trial court order recommending his extradition to Oman for facing murder trial. “…the present petition, along with...
Why Not Extend 'E-Mulakat' Facility In Delhi Prisons To All Inmates Whose Relatives Stay Outside The Capital? Delhi High Court Asks
Justice Subramonium Prasad of the Delhi High Court recently asked the Delhi government to file a status report on why facility of e-mulakat should not be extended to all prisoners whose relatives stay outside Delhi and must travel to the capital for purposes of mulakat. The observation was made in connection with a petitioner’s prayer for direction to the State that he be allowed...
High Court Rejects Judge’s Plea Seeking Transfer From DU’s 2-Yr LLM Course To 3-Yrs Course Owing To Her Employment
The Delhi High Court has rejected a petition moved by a judge seeking her transfer from two-year LLM to the three-year course offered by the Delhi University in order to complete her ongoing studies on account of her employment as a judicial officer.Justice Purushaindra Kumar Kaurav said that the three year LL.M. course offered by the varsity is specially designed for people who are employed...