Delhi High Court
Delhi High Court Asks Civic Authorities About Status Of Deconcretizating Trees In National Capital
The Delhi High Court on Tuesday directed the city’s civic authorities, including the Municipal Corporation of Delhi (MCD), to submit a time-frame within which the process of removal of concrete around the trees in the national capital will be completed.Justice Jasmeet Singh directed the authorities to file an affidavit indicating the total number of trees which have been concretized, which...
Maintenance Provision Under Hindu Marriage Act Is Gender Neutral: Delhi High Court
The Delhi High Court on Tuesday said that the provision for grant of maintenance pendente lite and litigation expenses to a spouse under the Hindu Marriage Act is gender neutral. A division bench of Justice V Kameswar Rao and Justice Anoop Kumar Mendiratta said that the spouse having a reasonable capacity of earning but who chooses to remain unemployed and idle without any sufficient...
Delhi High Court Dismisses Challenge To CERT-IN’s Empanelment Procedure, Reiterates That Courts Ought Not Sit In Appeal Over Expert Decisions
Justice Subramonium Prasad of the Delhi High Court recently dismissed a litigant’s challenge to the procedure adopted by Indian Computer Emergency Response Team (CERT-IN) w.r.t. empanelment of cyber-security firms as IT security auditing organizations.It was observed that, “…the process of empanelment adopted by the Respondents is extremely technical. The Court cannot be expected to sit...
Seized Cash Should Be Treated As Advance Tax As Per Law, There Was No Default In Payment Of Advance: Delhi High Court
The Delhi High Court has held that the seized cash was offered by the assessee, under the regime that was prevailing then, to be treated as the advance tax, and thus there was no default in payment of the advance. Although its payment or adjustment was triggered due to a search action,The bench of Justice Rajiv Shakdher and Justice Girish Kathpalia has observed that the petitioner had offered...
Delhi High Court Directs Centre To Conduct Exercise For Improving Infrastructure Of Its Hospitals
The Delhi High Court on Tuesday directed the Union Government to undertake an exercise for improvement of infrastructure of the hospitals being controlled and run by it in the national capital. A division bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna also directed the Delhi Government to file an action taken report stating as to whether the recommendations of the...
Delhi High Court Grants Bail To Man Accused Of Murdering Wife, Reiterates Ligature Marks In Case Of Hanging Different From Strangulation
The Delhi High Court on Monday granted bail to a man being prosecuted under Sections 302 (murder), 498A (cruelty) and 201 (causing disappearance of evidence) IPC, in relation to his wife’s death.“In view of the categoric opinion of the doctor that the cause of death is asphyxia as a result of antemortem hanging, it prima facie, appears that the medical evidence is not in accord with...
High Court Reserves Verdict On Delhi Chief Secretary Naresh Kumar's Plea For Interim Relief In Defamation Suit Against 'The Wire'
The Delhi High Court on Tuesday reserved judgment on the plea for interim relief in the defamation suit filed by city's Chief Secretary Naresh Kumar against news portal 'The Wire' over a report casting aspersions on him in relation to his involvement in an alleged land acquisition case. Justice Sachin Datta reserved verdict on Kumar's application seeking ad-interim injunction also issued...
Delhi High Court Directs BCD To Take Action Against Lawyer If Found Guilty Of 'Manufacturing' Order Purportedly Passed By IPAB
The Delhi High Court has directed the Bar Council of Delhi to take action against a lawyer if he is found guilty of "manufacturing" an order purportedly passed by the Intellectual Property Appellate Board (IPAB) in 2016.A division bench of Justice Suresh Kumar Kait and Justice Shailender Kaur however discharged the clients who engaged the lawyer to represent their case before the Board after...
Delhi High Court Weekly Round-Up: November 13 To November 19
Citations 2023 LiveLaw (Del) 1115 to 2023 LiveLaw (Del) 1141NOMINAL INDEXMadhu Sudan Sharma v. Omaxe Ltd 2023 LiveLaw (Del) 1115 Northern India Paint Colour and Varnish Co. LLP v. Sushil Chaudhary 2023 LiveLaw (Del) 1116 Madhu Sudan Sharma v. Omaxe Ltd 2023 LiveLaw (Del) 1117 Babu Lal and Anr. v. Cholamandalam Investment and Finance Company Ltd. and Anr. 2023 LiveLaw (Del)...
Reassessment Notice Severed At Old Address Despite Knowing Assessee’s New Address: Delhi High Court Quashes Assessment Order
The Delhi High Court has quashed the assessment order as the notice under Section 148 was improperly served as it was sent to the old address, despite the fact that the department was aware of the new address.The bench of Justice Rajiv Shakdher and Justice Girish Kathpalia has observed that no notice, under Section 143(2) of the Income Tax Act, was issued to the respondent or assessee...
Delhi High Court Says Contempt Action For Attack On Local Commissioners Maintainable As They Are An Extension Of Court
During the hearing of a criminal contempt case initiated in respect of a violent attack on Local Commissioners (LCs) out for inspection in 2014, a Division Bench of the Delhi High Court opined that LCs are an extension of the court, and as such, it had jurisdiction to initiate/continue contempt proceedings.Mr. Varun Goswami, acting as Amicus Curaie, submitted before the court that the incident...
Person Kept In Judicial Custody Despite Issuance Of Release Warrants? Delhi High Court To Consider
In a habeas corpus petition filed seeking release of the petitioner/detenu from Tihar Jail, the Delhi High Court recently expressed dismay over continuing detention of the corpus, noting the contention that he had already been admitted to bail.“We are constrained to note that due to disputed status of cases against the petitioner, he has not been released and forced to stay behind...