Delhi High Court To Hear Plea Seeking Urgent Measures To Control 'Hazardous' AQI Levels Tomorrow

The Delhi High Court will hear tomorrow a plea seeking a direction on the city authorities to take effective measures, both immediate and long-term, for controlling and reducing air pollution levels and Air Quality Index (AQI).The plea was listed today before Justice Sachin Datta who said that the nature of the plea is of a public interest litigation, and thus the matter should be heard by...

'People With Malice Can't Hide Behind Satire': Sameer Wankhede Tells Delhi High Court In Defamation Suit Against 'Ba***ds of Bollywood'

The Delhi High Court on Tuesday (December 2) reserved order in the interim injunction plea filed by IRS officer Sameer Wankhede in his suit over his allegedly defamatory portrayal in the Netflix series “Ba***ds of Bollywood” directed by Aryan Khan. Justice Purushaindra Kumar Kaurav reserved the order after hearing in detail Wankhede, Red Chillies Entertainment and Netflix. The Court...

Customs Can't Make Passengers/Lawyers Sign Waiver Of SCN Or Hearing At Goods Appraisement Stage: Delhi High Court

The Delhi High Court has made it clear that the Customs Department cannot make a passenger or his lawyer sign an undertaking for waiver of show cause notice or personal hearing, when they appear for appraisement of seized articles.A division bench of Justices Prathiba M. Singh and Renu Bhatnagar made the observation while dealing with an NRI's plea, whose gold chain was seized by the Customs...

Delhi High Court Imposes Costs On Party For Misrepresenting New Gold Jewellery As 'Old'; Orders Release Subject To Payment Of Duty

The Delhi High Court has imposed costs on two Petitioners who falsely claimed that their old gold jewellery was seized by the Customs Department upon their arrival from Dubai.On production of the gold items before it, a division bench of Justices Prathiba M. Singh and Renu Bhatnagar observed,“it is clear that the gold items are not used gold jewellery of the Petitioners, and the same...

'Invested Substantial Savings': Delhi High Court Permits Redemption Of Labourer's Gold Bar Seized By Customs

The Delhi High Court recently permitted a labourer, working in the middle-east, to redeem gold bars confiscated by the Customs Department, after a four-year delay.In doing so, a division bench of Justices Prathiba M. Singh and Renu Bhatnagar took note of the Petitioner's financial status, which purportedly prevented him from paying the redemption fine in time.“Bearing in mind the fact that...

NRI Entitled To Bring Personal Jewellery/Watch For Re-Export: Delhi High Court Orders Release Of Rolex Seized At Airport

The Delhi High Court has ordered the Customs Department to release the high-value Rolex watch of a NRI, citing Supreme Court's ruling in Directorate of Revenue Intelligence v. Pushpa Lekhumal Tolani (2017).In the said judgment, the top court had held that foreign tourists are allowed to bring into India jewellery even of substantial value provided it is meant to be taken out of India with...

Jammu & Kashmir Deputy CM Files Defamation Suit Before Delhi High Court Seeking Removal Of Objectionable Content

Surinder Kumar Choudhary, Deputy Chief Minister of Jammu and Kashmir, has filed a defamation suit before the Delhi High Court seeking removal of objectionable content against him on social media. The matter was heard briefly on Tuesday (December 2) by Justice Amit Bansal who asked Choudhary to implead the uploaders of the content as defendants in his suit. Choudhary's counsel informed the...

Delhi High Court Upholds Rejection Of Patent For Amylin and AstraZeneca's Sustained-Release Diabetes Injection

The Delhi High Court has upheld the Patent Office's refusal to grant Amylin Pharmaceuticals and AstraZeneca Pharmaceuticals a patent for their sustained-release exenatide injection for diabetes, ruling that the formulation was 'obvious' from existing science and lacked the inventive step required for protection. A single bench of Justice Tejas Karia in an order dated November 24 said that...

Delhi High Court Pulls Up GST Authority For Issuing Personal Hearing Notice Saying Assessee's Attendance Not Needed

The Delhi High Court recently criticised the GST Authorities for issuing a “strange” personal hearing notice to an assessee, which said that the assessee need not attend the hearing as the notice is issued only for the purpose of uploading final order.“The personal hearing notice is also quite strange to say the least that no personal hearing was granted before the Commissioner Appeals...

FEMA Summons Governed By CPC, Not CrPC; ED Can Call Women To Office For Recording Their Statement: Delhi High Court

The Delhi High Court has held that the summons issued for discovery and production of evidence under the Foreign Exchange Management Act, 1999, are governed by Code of Civil Procedure and not Code of Criminal Procedure. Justice Neena Bansal Krishna said that the powers under Section 37 of FEMA are analogous to those under Section 131 of Income Tax Act, which is governed by the Civil Code....

No Double Pre-Deposit For Same Tax Demand; Second Appeal Cannot Be Conditioned On Fresh Payment: Delhi High Court

The Delhi High Court has held that when a taxpayer has already deposited the mandatory 10% pre-deposit for the same disputed tax amount before the State GST Appellate Authority, the Central GST authorities cannot insist on another separate pre-deposit for the same amount while filing a second appeal. The Bench stated that the law does not permit duplication of pre-deposit for the same...

Litigants Seeking Takedown Of Objectionable Content Must First Approach Social Media Platform Before Seeking Injunction: Delhi High Court

The Delhi High Court has clarified that individuals seeking urgent takedown of objectionable online content must first approach the social media platforms first before directly seeking judicial injunction. Justice Manmeet Pritam Singh Arora observed that the social media intermediaries appearing in Court proceedings do not object to such complaints for taking down of the unsavoury...