Delhi High Court
'Why Don't You Move Supreme Court?': High Court Asks Parties Seeking SIT Probe, FIRs Against Politicians Over Delhi Riots
The Delhi High Court on Friday listed for hearing on December 11, a batch of petitions seeking independent SIT investigation into the 2020 North East Delhi riots, registration of FIRs against politicians for alleged hate speeches, and action against errant police officials.A division bench comprising Justice Vivek Chaudhary and Justice Manoj Jain asked the parties as to why they cannot...
GST | Assessee Must Be Given Personal Hearing Since SCN Lacked Reasons: Delhi High Court Quashes Demand Against Stock Broker
The Delhi High Court has set aside the demand raised against a stock broker, noting that both the show cause notice as well as the final order were bereft of any reasons, disabling the broker to make effective representation.“It is seen that the SCN actually does not give any reasons…Even the impugned order does not give any reasons,” a division bench of Justices Prathiba M. Singh and...
Arbitrator Is The Master of Evidence; Court In Appeal Cannot Reassess Facts: Delhi High Court
The Delhi High Court has recently reiterated that an arbitrator is the master of both the quantity and quality of evidence, and therefore the court, while exercising appeal or supervisory jurisdiction, cannot reappreciate factual findings recorded in an arbitral award. The court emphasized that it does not sit as a court of appeal over the findings of the learned Arbitrator and its role...
Lokpal Must Hear Public Servant Before Ordering Investigation: Delhi High Court
The Delhi High Court has held that Lokpal of India, pursuant to its powers under Lokpal and Lokayuktas Act 2013, cannot order an investigation against a public servant without affording him an opportunity of hearing.A division bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar observed,“The statutory framework of Section 20 leaves no room for doubt that the requirement...
'Grave Societal Threat': Delhi High Court Cancels Bail Of Women Booked For Inter-State Child Trafficking
The Delhi High Court has cancelled the bail granted to two women allegedly involved in large-scale inter-state child trafficking racket, facilitating sale and purchase of new-born infants for monetary gain.Justice Ajay Digpaul observed,“The offences alleged are of grave and heinous nature, involving trafficking of new-born children, which not only endangers the rights and dignity of the...
Wife's Belated Criminal Allegations Can't Outweigh Husband's Consistent Evidence Of Cruelty: Delhi High Court
The Delhi High Court has observed that a wife's belated criminal allegations cannot detract from or outweigh the husband's consistent evidence of sustained cruelty meted out to him.A division bench comprising Justice Anil Kshetarpal and Justice Renu Bhatnagar set aside a family court order dismissing the husband's petition for dissolution of marriage on the ground of cruelty by wife. It was...
GST Department To Re-Inspect Changed Place Of Business Before GST Registration Cancellation: Delhi High Court
The Delhi High Court, in a matter concerning retrospective cancellation of registration despite having amended place of business, directed “The GST Department may re-inspect the new premises of the Petitioner and obtain a physical inspection report.” The Division Bench, comprising Justice Prathiba M. Singh and Justice Shail Jain stated that the officials of the GST Department...
Delhi High Court Allows 'Nourish You' To Use Its Registered Name, Sets Aside Injunction
The Delhi High Court has recently overturned a Commercial Court order that had temporarily barred superfoods maker Nutrivative Foods Pvt. Ltd. from using its “Nourish You” mark, holding that the injunction violated the statutory protections granted to a registered trademark owner under the Trade Marks Act. A Division Bench of Justice C Hari Shankar and Justice Om Prakash Shukla, on...
Amount Deposited Under Protest During Customs Probe Can Be Adjusted Towards Pre-Deposit In Appeal: Delhi High Court
The Delhi High Court has held that an amount deposited with the Customs under protest, during investigation by the Department, can be adjusted towards pre-deposit to be made when filing appeal against its order.For context, Section 129E of the Customs Act, 1962 requires deposit of 7.5% of the amounts which are in dispute, when filing an appeal before Commissioner (Appeals) or CESTAT.In the...
S. 319 CrPC | Suspect Not Summoned At Cognizance Stage Can't Be Summoned Later Based On Same Material: Delhi High Court
The Delhi High Court has made it clear that once cognizance of an offence has been taken and the accused placed in Column No.12 (suspect) of the chargesheet is not summoned, he cannot be summoned subsequently without there being any additional evidence on record.Justice Neena Bansal Krishna observed,“Section 319 Cr.P.C. empowers the Court to summon the Accused placed in Column...
District Medical Boards Under Surrogacy Regulations Need Not Insist On Physical Presence Of Intending Couple: Delhi High Court
The Delhi High Court has recently observed that the district medical boards under the Surrogacy Regulations, 2023, need not insist on physical presence of the intending couple. “There is also no rationale as to why the District Medical Board should not equip itself in conducting virtual hearings as is mandated for the State Board under Section 5(3) and 5(4) of the Surrogacy...
Amount Recovered In Civil Suit Can Be Adjusted Against Criminal Compensation In NI Act Cases: Delhi High Court
The Delhi High Court recently allowed the plea of a man, convicted for cheque dishonour, to set off the amount recovered from him in a civil suit relating to the same cheques, against the compensation to be paid in the criminal proceedings under Section 138 of the Negotiable Instruments Act 1881.Justice Manoj Kumar Ohri observed,“Since Section 357(5) CrPC allows the Court to adjust any...