Delhi High Court
Unfortunate That PIL Jurisdiction Abused To Settle Personal Scores: Delhi High Court Imposes Rs.1 Lakh Cost On Litigant
A Division Bench of the Delhi High Court comprising the Chief Justice and Justice Tushar Rao Gedela recently dismissed the PIL filed by a party while suppressing relationship with the private respondent.“…this Court is of the firm opinion that the Petitioner has not approached this Court with clean hands… the Petitioner was certainly an interested person”, the court said.Keeping in...
Court Exercising Powers Under Section 34 Of The A&C Act Cannot Modify An Arbitral Award: Delhi High Court Reiterates
The Delhi High Court has reiterated that the Court exercising powers under Section 34 of the A&C Act cannot modify an arbitral award. It held that the Court can either uphold the award or set aside any finding, however, the Court is powerless to modify the award by allowing a relief that was disallowed by the arbitral tribunal. The bench of Justices Yashwant Varma and Dharmesh...
CENVAT Credit Refund Can’t Be Denied In Absence Of Self-Assessed Return Having Been Questioned, Reviewed Or Re-Assessed: Delhi High Court
The Delhi High Court has held that a CENVAT credit refund cannot be denied in the absence of the self-assessed return having been questioned, reviewed or re-assessed.The bench of Justice Yashwant Varma and Justice Dharmesh Sharma has observed that a self-assessed return also amounts to an “assessment” and unless it is varied or modified in accordance with the procedure prescribed under...
Denial Of Arbitration Clause In Reply To Arbitration Notice Can’t Disentitle A Party To Invoke Section 8 Of The A&C Act In A Suit : Delhi High Court
The Delhi High Court has held that Section 8 of the A&C Act is mandatory in nature meaning thereby that the Court is bound to refer the dispute to arbitration when there exists a valid arbitration agreement between the parties and the respondent makes an application for reference to arbitration before submitting its written statement before the Court. The bench of Justices...
Can Debts Recovery Tribunal Entertain A Claim For Less Than Rs.10 Lakhs Under SARFAESI Act? Delhi High Court Answers
The Delhi High Court recently held that DRT cannot entertain a claim for an amount less than Rs.10 lakhs under the SARFAESI Act. A Division Bench comprising Justices Vibhu Bakhru and Amit Mahajan added that the SARFAESI Act's remedy under Section 13(10) cannot be availed by a bank independent of the provisions of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act), and the pecuniary...
Delhi High Court Directs Reinstatement Of Private School Teachers, Says Approval From DoE Necessary For Accepting Alleged Resignations
In a relief to teachers of Rao Manohar Singh Memorial Sr. Secondary School, a Division Bench of the Delhi High Court comprising the Chief Justice and Justice Sanjeev Narula today upheld the order of a Single Bench and directed reinstatement in service of the respondent-teachers.Notably, relying on Kathuria Public School v. Director of Education and Anr., the appellant, a private unaided...
Simple Touch Not ‘Manipulation’ For Penetrative Sexual Assault Under POCSO Act: Delhi High Court
The Delhi High Court on Monday ruled that a simple act of touch cannot be considered as manipulation for the offence of penetrative sexual assault under Section 3(c) of the POCSO Act.Section 3(c) of the POCSO Act states that a person is said to commit "penetrative sexual assault" if he manipulates any part of the child’s body so as to cause penetration into the vagina, urethra, anus or...
20-Yr-Old College Student Accused Of Raping Professor Granted Anticipatory Bail; Delhi High Court Says Relation Was Out Of Choice, Not Force
Justice Saurabh Banerjee of the Delhi High Court recently granted anticipatory bail to a 20-year-old college student accused of raping his professor, noting that the prosecutrix not only chose to enter a relationship with the applicant on her own, but also to continue with the same for over a year.“All the aforesaid show the love, care and affection, the prosecutrix had for the applicant...
Fill Vacant Posts Of Income Tax Commissioner (Appeals), Consider Increasing Sanctioned Strength To 570: Delhi High Court To Centre
The Delhi High Court on Monday asked the Union Government to take appropriate measures for filling up all the posts of Income Tax Commissioner (Appeals) lying vacant, observing that it would greatly assist in disposals of the pending appeals. “The Union of India may also consider increasing the sanctioned strength of Commissioner (Appeals) substantially at least to the extent of 570 of...
Delhi High Court Refuses To Entertain Plea Against Prohibition On Carrying E-Cigarettes On Aircrafts
The Delhi High Court on Monday refused to entertain a petition challenging the prohibition on carrying e-cigarettes on aircrafts.After Justice Subramonium Prasad hinted on dismissing the petition with a “six figure cost”, the counsel appearing for the petitioner, Sutirtha Dutta, withdrew the plea. The court allowed the withdrawal with a liberty to Dutta to make a representation to the...
Regularly Monitor Azad Market To Identify Violators Of Fire Norms: Delhi High Court To MCD
The Delhi High Court has directed the Municipal Corporation of Delhi to conduct regular monitoring of Azad Market area in the national capital to ensure that the violators of fire norms are identified and referred to the Fire Prevention Wing. “In this regard, the MCD shall endeavor to conduct regular monitoring of the Subject Area [Azad Market] to ensure that persons found violating the...
Arbitration Act | Scope Of Appeal U/S 37 Limited, Cannot Be Equated With Normal Appellate Jurisdiction: Delhi High Court
A Division Bench of the Delhi High Court comprising Justices Manmohan and Mini Pushkarna on Tuesday dismissed an appeal filed by DCM Ltd. u/s 37 of the A&C Act, refusing to re-examine evidence in view of the limited scope of the provision.The appeal by DCM Ltd. impugned a judgement by Single Bench of the court, whereby its challenge to an Arbitral Award u/s 34 A&C Act...