Delhi High Court
Tax Authority Based In Delhi Lacks Jurisdiction On Withholding Tax Liability On Share Purchase Transaction: Delhi High Court Quashes Tax Demand Against Sumitomo
The Delhi High Court has deleted the tax demand against Sumitomo Mitsui Financial Group on the grounds of lack of jurisdiction.The bench of Justice Rajiv Shakdher and Justice Girish Kathpalia has observed that the jurisdiction on the withholding tax liability on the transaction of share purchase by the Assessee was already exercised by the tax authority based in Mumbai, thus the tax...
Revisit Rules On Domicile Or Permanent Residency Status Of Candidates Seeking Admissions To Educational Institutions: High Court To Delhi Govt
The Delhi High Court has asked the Delhi Government to revisit the existing rules or consider drafting new rules on the eligibility criteria of candidates seeking admissions to educational institutions in respect of their domicile or permanent residency status. A division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula said that the said rules should determine the...
Unnao Rape Case: Delhi High Court Grants Bail To Ex-UP Police Officers Convicted For Custodial Death Of Survivor’s Father
The Delhi High Court on Friday granted bail to two former-Uttar Pradesh Police officers who were convicted in the case involving the custodial death of the Unnao rape survivor’s father.Ashok Singh Bhadauria and Kamta Prasad Singh (appellants) were convicted by the Trial Court on 04.03.2020, along with co-accused Kuldeep Singh Sengar and 3 others, for several offences including...
Derogatory Terms That Perpetuate Gender Stereotypes Must Not Be Used In Pleadings: Delhi HC Recommends Use Of Supreme Court’s Handbook
The Delhi High Court has said that derogatory terms that perpetuate gender stereotypes and undermine the dignity and rights of individuals based on their gender should not be used in pleadings. Justice Swarana Kanta Sharma said that the ‘Handbook on Combating Gender Stereotypes’ launched by the Supreme Court recently may be used while drafting pleadings as well as the orders...
Unsubstantiated Judicial Remarks Against CBI Demoralizes Entire Agency: Delhi High Court
The Delhi High Court has observed that unsubstantiated judicial remarks against the Central Bureau of Investigation demoralizes the entire agency, calling it India’s “premier investigating agency.”“…. the function assigned to investigating agency is very sensitive in nature. It is also pertinent to note that the CBI is the premier investigating agency of this country and any...
Deeply Unsettling To See Govt Embroiled In Frivolous Litigation: Delhi High Court Calls For Mechanism To Hold Erring Officers Accountable
The Delhi High Court has said that there is an urgent need for a system that prevents unnecessary and frivolous litigation concerning government departments or bodies which should focus on conducting audit of decision-making process to contest cases. The court added that such a mechanism must also focus of the principles of responsibility and accountability of erring government...
Delhi High Court Denies Bail To Man Booked Under UAPA In J&K Larger Conspiracy Case
The Delhi High Court on Friday dismissed an appeal against the Trial Court order denying bail to Suhail Ahmad Thokar, one of the accused charged under the Unlawful Activities (Prevention) Act, 1967 (UAPA), in connection with the Jammu and Kashmir “larger conspiracy” case post revocation of Article 370 of the Constitution of India.The court observed that several pieces of evidence...
Delhi High Court Dismisses Supertech Chairman RK Arora’s Plea Challenging Arrest By ED In Money Laundering Case
The Delhi High Court on Friday dismissed a petition moved by Supertech Chairman Ram Kishor Arora challenging his arrest by the Enforcement Directorate in a money laundering case. Justice Dinesh Kumar Sharma said that no fundamental rights of Arora were violated and that there was nothing on record to suggest that he was denied right to consult or be defended by a legal...
Court Can't Return Finding Of Infringement Against Registered Trademark Holder Without Invalidating Its Registration: Delhi High Court
The Delhi High Court has ruled that it cannot returning a finding of infringement against the holder of a registered trade mark without invalidating its trademark registration in the first instance.The bench of Justice C. Hari Shankar was hearing a suit for infringement of trademark, where the defendants were subsequently granted registration of the impugned trademark. The court remarked that...
Family Courts Can’t Compel Parties To Take Divorce If Not Mutually Acceptable: Delhi High Court
The Delhi High Court has said that family courts cannot compel the parties to take divorce if not mutually acceptable and that their approach must be reconciliatory. A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna made the observation while dismissing a husband’s appeal against a family court order rejecting his contempt petition against the wife for not...
Filing SLP Before Supreme Court Constitutes ‘Special Circumstance’ Under Delhi Prison Rules For Granting Parole To Convict: High Court
The Delhi High Court has observed that filing a special leave petition (SLP) before the Supreme Court by a convict challenging the conviction constitutes a “special circumstance” for granting parole in terms of Rule 1211 of the Delhi Prison Rules, 2018. “…this Court is of the opinion that the bar contained in Rule 1211 of the Delhi Prison Rules is not absolute. The ground taken...
Family Courts Have To Be A Little Liberal, Stringent Test Applicable To Commercial Disputes Can’t Be Applied: Delhi High Court
The Delhi High Court has observed that family courts have to be a little liberal in family disputes and that the stringent test, as may be applicable to commercial disputes, cannot be applied in such cases. Dealing with a case where a family court closed a wife’s right to file her written statement in the divorce proceedings, Justice Navin Chawla said:“It is to be remembered that closing...