Delhi High Court
Delhi High Court Limits Adjustment Of Tax Refunds Against Disputed Demands At 20%
The Delhi High Court has limited the adjustment of tax refunds against disputed demands to 20%.The bench of Justice Rajiv Shakdher and Justice Girish Kathpalia has observed that the action of the AO in adjusting the refund due to the petitioner/assessee for AY 2022–23 against the disputed demands for AYs 2011–12, 2012–13, and 2014–15 was not only hasty but was also contrary to...
SRA 2018 Made Specific Performance Of Contract General Rule Rather Than Exception, Legislative Shift Towards Stronger Enforcement Of Contracts: Delhi HC
The Delhi High Court has observed that the Specific Relief (Amendment) Act, 2018, has changed the nature of specific relief from an equitable, discretionary remedy to a statutory remedy and has made specific performance of a contract a general rule rather than an exception.A division bench of Justice Manmohan and Justice Saurabh Banerjee said that the 2018 Amendment Act has brought the...
Gender-Based Assumption In Favour Of Female Accused Without Valid Ground Goes Against Core Principles Of Justice System: Delhi High Court
The Delhi High Court has observed that gender based assumptions in favour of a female accused, without any substantive basis or valid grounds, goes against the core principles of our justice system.“Our legal system is founded on the principle of gender neutrality, unless otherwise provided, where each individual, regardless of their gender, is held accountable for their actions in...
Delhi High Court Grants 7 Weeks Time To Centre For Complying With Order Extending HRA Benefit To All Personnel Of Paramilitary Forces
The Delhi High Court has granted seven weeks time to the Union Government for complying with a division bench judgment passed in December last year extending the benefit of House Rent Allowance (HRA) to every personnel in the paramilitary forces, irrespective of the rank, as per their entitlement.Justice Jasmeet Singh passed the order in a plea seeking contempt action against the authorities...
Acid Attack Cases Most Grievous Crimes Which Send Shockwaves, Court’s Role In Deciding Accused's Bail Plea Vital: Delhi High Court
The Delhi High Court has observed that acid attack cases, “characterized by their sheer brutality and devastating consequences”, are among the most grievous crimes which send shockwaves through communities and thus, the role of a court in granting or denying bail to the accused is of vital significance.Justice Swarana Kanta Sharma noted that such attacks often result in...
No Permission Will Be Granted To Any Individual For Felling Of Trees Till Sept 14: Delhi Govt To High Court
The Delhi Government has told the Delhi High Court that no permission will be granted to any individual for felling of trees in the national capital till September 14. The government further told Justice Jasmeet Singh that any permission required for important projects will be intimated to the court.The submission was made by Delhi Government’s counsel, Advocate Dhairya Gupta, in a...
Delhi High Court Seeks Finance Ministry's Response In PayPal’s Appeal Against Being Declared ‘Payment System Operator’ Under PMLA
The Delhi High Court has sought response of the Union Government on an appeal moved PayPal challenging a single judge order holding that the payment platform is liable to be viewed as a “payment system operator” and consequently obliged to comply with reporting entity obligations under the Prevention of Money Laundering Act, 2002.A division bench comprising Chief Justice Satish Chandra...
While Ascertaining Acts Of Mental Cruelty, Courts Must Look At Married Life As A Whole And Not Few Isolated Incidents: Delhi High Court
The Delhi High Court has observed that while looking at acts of 'mental cruelty', the courts must look at the married life of a couple as a whole and not merely a few isolated incidents.A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna also observed that mere filing of an FIR by wife is not sufficient to prove the allegations of cruelty and dowry harassment...
Marriages Often Don't Work Due To Incompatibility But Legal Mandate To Show Either Spouse's 'Fault' For Divorce Makes Parties Suffer: Delhi HC
The Delhi High Court has made some striking observations with respect to the Hindu Marriage Act 1955 not recognizing incompatibility of a married couple as a ground for divorce, leaving such couples to "suffer acrimonious relationship" with no exit."Unless the opposite party was shown to be at fault, whether it was for ‘Adultery’, ‘Cruelty’, ‘Desertion’ or other grounds...
Acrimonious Relationship Between Parents No Ground To Deny Chance To Re-Establish Bond Between Mother And Child: Delhi High Court
The Delhi High Court has observed that merely because the relationship between the parents has turned acrimonious, resulting in FIRs and making serious allegations against each other, cannot be a ground to deny an attempt at re-establishing the bond between a mother and her minor child.Justice Navin Chawla set aside a family court order denying custody of a 10 year old minor child to the...
‘Clearly A Policy Matter’: Delhi High Court Upholds Centre’s Decision Notifying All Medical Devices As Drugs
The Delhi High Court has upheld the validity of a 2020 notification issued by the Union Ministry of Health & Family Welfare notifying all medical devices, intended for use on human beings or animals, as drugs within the meaning of Section 3(b)(iv) of the Drugs and Cosmetics Act, 1940. A division bench comprising Justice Rajiv Shakdher and Justice Tara Vitasta Ganju observed that the...
Courts Can’t Be Used As "Matrimonial Facilitators" For Pressurizing Rape Accused To Get Married To Victim Or To Obtain Bail: Delhi High Court
The Delhi High Court has observed that courts cannot be used as “matrimonial facilitators” for pressurizing the accused to get married to the victim or be denied bail in sexual assault cases. Justice Swarna Kanta Sharma added that courts can also not be used by the accused for obtaining bail by asking the complainant to appear before the court and state that he was ready to get married...