Delhi High Court
Delhi High Court Upholds Validity Of Rule 8 of Chewing Tobacco And Unmanufactured Tobacco Packing Machines Rules 2010
The Delhi High Court has upheld the validity of Rule 8 of the Chewing Tobacco and Unmanufactured Tobacco Packing Machines (Capacity Determination and Collection of Duty) Rules 2010 (CTUT), which deals with the alteration in the number of operating packing machines.The bench of Justice Yashwant Varma and Justice Dharmesh Sharma has observed that Rule 8 notes that in case a machine is added to...
Delhi HC Denies Interim Relief To Ivy League Princeton University In Trademark Suit Against Hyderabad-Based 'Princeton' Schools & Colleges
The Delhi High Court has observed that merely because several Indians may have studied in the prestigious Princeton University in the United States would not amount to “use” by the American Ivy League college of its “Princeton” mark in India for providing its services in terms of the Trade Marks Act. “Reference to Indian students studying at Princeton, howsoever large the number,...
Criminal Courts May Allow Accused To Appear Virtually If Circumstances Warrant, Integrity Of Trial Should Not Be Compromised: Delhi High Court
The Delhi High Court has observed that courts should be flexible in embracing modern technology and allowing virtual appearance in criminal trials, provided they do not compromise the integrity or fairness of the trial. Justice Swarana Kanta Sharma said that where the criminal trial can proceed effectively with the accused remaining present before the court through an alternative means such...
Do Ten Pro Bono Cases: Delhi High Court To Lawyer While Quashing FIRs Lodged Against Him By Ex-Wife
The Delhi High Court recently directed a lawyer to do ten pro bono cases while quashing two FIRs registered against him by his former wife, after they amicably settled the disputes and got talaq.Justice Dinesh Kumar Sharma quashed the FIRs registered under Section 498A, 406 and 34 of Indian Penal Code and Section 4 of Dowry Prohibition Act, 1961 as well as under Section 354 IPC and 10 of...
Section 100A CPC Bars Second Appeal Where Single Judge Heard Appeal From Original Or Appellate Decree Or Order: Delhi High Court
The Delhi High Court has ruled that Section 100A of the Code of Civil Procedure bars the filing of a second appeal where a Single Judge had heard an appeal from an original or appellate decree or order.A division bench of Justice Yashwant Varma and Justice Dharmesh Sharma said that the restraint on a further appeal shall operate notwithstanding anything contained in the Letters Patent of a...
Defence Ministry Cannot Suspend An Entity Indefinitely Without Adhering To Safeguards For Banning Under Guidelines On Business Dealings: Delhi HC
The Delhi High Court has observed that indefinite suspension of an entity under the Union Ministry of Defence’s 2016 guidelines for penalties in business dealing, without resort to the safeguards prescribed for banning, would not be permissible. The guidelines were issued on November 21, 2016. They provide for suspension and debarment of suppliers for violation of defense procurement...
Delhi High Court Issues Criminal Contempt Notice To Litigant Seeking Death Penalty For Single Judge, Making 'Whimsical Allegations'
The Delhi High Court has issued show cause notice for criminal contempt to a litigant who sought death penalty for a single judge for dismissing his pleas and made 'whimsical and objectionable allegations' not only against the judge but also the government officials as well as the Supreme Court of India.“These averments, extracted hereinabove, are prima facie aimed at scandalising and...
Use Term ‘Staff Contribution’ Instead Of Service Charge, Amount Can’t Be More Than 10% Of Total Bill: Delhi HC To Members Of Restaurant Association
The Delhi High Court has directed the members of Federation of Hotel and Restaurant Associations of India to only use the term “Staff Contribution” for the amount being charged as “service charge” currently.Justice Prathiba M Singh added that the amount being charged as “staff contribution” shall not be more than 10% of the total bill amount excluding the GST component. “…....
Issuing Fake Invoices For GST Evasion Is Economic Offence Which Needs To Be Viewed Seriously, Poses Threat To Country’s Economy: Delhi High Court
The Delhi High Court has observed that issuing fake invoices and e-way bills for GST evasion is an economic offence involving loss to the public exchequer which needs to be viewed seriously. Justice Amit Bansal made the observation while denying anticipatory bail to a chartered accountant accused of forgery and GST evasion by creating false invoices issued by non-existent entities.“In...
GST | Show Cause Notice Must Clearly Indicate Reasons For Which Registration Cancellation Is Proposed: Delhi High Court
Delhi High Court has recently set aside show cause notice proposing to cancel GST registration and the consequential order cancelling the same on the ground that reasons for cancelling registration of assesee were not clearly mentioned in the show cause notice. A bench comprising of Justices Vibhu Bakhru and Amit Mahajan held “At the least, the Show Cause Notice must clearly indicate...
‘Mental Cruelty’ Wide Enough To Include ‘Financial Instability’ Of Spouse: Delhi High Court
The Delhi High Court has ruled that term “mental cruelty” is wide enough to take within its ambit the “financial instability” of a spouse. “In the present case, it is easy to decipher the mental trauma as the appellant [wife] was working and the respondent [husband] was not working. There was a huge disparity in the financial status of the appellant and the respondent. The...
Delhi Govt Addressing Immediate Healthcare Requirements Of Animals, Investing In Training Of Veterinary Personnel: High Court Observes
The Delhi High Court has said that the Delhi Government is addressing the immediate healthcare requirements of animals and is also investing in the training and skill development of veterinary personnel through construction of a veterinary college.A division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula also said that the government is seized of the threat posed...