Delhi High Court
Alcohol Dependence: Delhi High Court Modifies ITBP Head Constable's 'Invalidation From Service' To Compulsory Retirement
The Delhi High Court has modified the Indo Tibetan Border Police's decision to invalidate a Head Constable out of the service due to Alcohol Dependence Syndrome and said his case be treated as ‘compulsorily retired from service’ so that he is entitled to pension, medical and other consequential benefits.In 2016, the Head Constable was permanently incapacitated for any further service...
Delhi High Court Stays Trial Court Direction For Inquiry Against Enforcement Directorate’s Assistant Director, Other Officials
The Delhi High Court has stayed a trial court order to the extent it directed an inquiry to be initiated against an investigating officer — an Assistant Director-rank officer of the Enforcement Directorate, and his superior officers over “unjustified incarceration” of an accused in jail for 17 days.Justice Dinesh Kumar Sharma issued notice on ED’s plea and ordered:“List the matter...
Wife’s Identity Does Not Merge With Husband’s Identity, She Has Natural Right To Pursue Her Dreams To Be Financially Independent: Delhi High Court
A wife is neither an appendage nor an adjunct to her husband and her identity does not merge or get subsumed in her husband’s identity, the Delhi High Court observed in a recent ruling, while directing a tenant to vacate a shop proposed to be used by daughters of a landlord, a Mutawalli of a Wakf-ul-aulad, for starting their business in the national capital.Justice Najmi Waziri observed that...
Approach NCLT To Challenge DDCA’s Meeting For Ratification Of Ombudsman’s Appointment: Delhi High Court To DDCA Secretary
While refusing to entertain his writ petition, the Delhi High Court on Monday said the Secretary of Delhi & District Cricket Association (DDCA) can approach the National Company Law Tribunal to challenge a notice issued by the cricket governing body’s Apex Council for convening the Extra-Ordinary General Meeting to ratify the resolution appointing Justice (Retd.) M M Kumar as the...
Subsidy Received By Nestle India As Incentive To Establish Industrial Unit Is Capital Receipt: Delhi High Court
The Delhi High Court observed that the Subsidy received by Nestle India, the assessee as incentive to establish industrial unit is Capital receipt and cannot be adjusted against block of assets. “Since the subsidy in this case was not intended as a payment to meet, directly or indirectly, a part of the cost of the assets, no adjustment could have been ordered, as was directed...
Delhi High Court Refuses To Advance Hearing Of RTI Case On PM Modi's BA Degree
The Delhi High Court on Monday refused to advance the hearing of a case related to Prime Minister Narendra Modi's academic degree. The matter is listed for hearing on October 13.Justice Subramonium Prasad was hearing an application seeking early hearing of the plea moved by Delhi University in 2017 challenging an order of the Central Information Commission (CIC) directing the varsity to...
Delhi High Court Sets Aside Order Cancelling Academic Ashok Swain's OCI Card, Asks Centre To Pass Fresh Order
The Delhi High Court on Monday set aside the order cancelling the Overseas Citizenship of India (OCI) card of academic and writer Ashok Swain. “Apart from repeating the Section (under which the OCI card was cancelled) as a mantra, no reason is mentioned ... as to why the registration of the petitioner as OCI holder has been revoked,” Justice Subramonium Prasad. The court disposed of...
Delhi High Court Upholds Revocation Of PepsiCo India’s Registration For Potato Variety Used In Lay’s Chips
The Delhi High Court has upheld an order passed by the Protection of Plant Varieties and Farmers Rights Authority revoking Pepsico India’s registration with respect to a potato variety used for making Lay’s chips. Justice Navin Chawla dismissed the appeal moved by PepsiCo India Holdings Private Limited challenging the Authority’s order passed on December 03 last year on an application...
MSEF Council Cannot Entertain Independent Claims At The Instance Of The Buyer Against The Supplier: Delhi High Court
The High Court of Delhi has held that the MSEF Council cannot entertain independent claims/reference filed at the instance of the buyer under the MSMED Act. The bench of Justice Prathiba M. Singh held that MSMED Act does not contemplate a scheme for the buyer approaching the facilitation council under Section 18 of the Act for recovering any monies from the seller. It is only...
Delhi High Court Weekly Round-Up: July 03 To July 09
Citations 2023 LiveLaw (Del) 537 to 2023 LiveLaw (Del) 568NOMINAL INDEXDR SOHAIL MALIK v. UNION OF INDIA & ANR. 2023 LiveLaw (Del) 537 Harkirat Singh Sodhi v. Oram Foods Pvt Ltd 2023 LiveLaw (Del) 538 RAJNEESH BHASKAR GUPTA versus Reserve Bank of India & Anr. 2023 LiveLaw (Del) 539 Aswini Kumar Upadhyay v. Union of India & Ors. 2023 LiveLaw (Del) 540 Manish Sisodia v....
MSMED Act Would Not Be Applicable To CA Firms Appointed As ‘Special Auditors’ Under Section 142(2A) Of The Income Tax Act, 1961: Delhi High Court
The Delhi High Court has held that the provisions of MSMED Act, 2006 would not apply to a CA firm appointed as ‘Special Auditor’ under Section 142(2A) of the Income Tax Act (IT Act), 1961. The bench of Justice Prathiba M. Singh held that MSMED Act no applicability in cases of CA firms appointed under Section 142(2A) of the IT Act for the purpose of carrying out special audit as...
Discharge Of Public Servant Due To Invalid Sanction Under PC Act Does Not Absolve Private Accused From Offence Under IPC: Delhi High Court
The Delhi High Court has said that merely because sanction to prosecute a public servant under Prevention of Corruption Act is not granted, does not mean that the allegations of conspiracy or cheating by private accused persons under Indian Penal Code cannot stand trial.“The matter of sanction qua public servant would have no effect upon allegations of conspiracy and alleged cheating by...