Delhi High Court
Delhi High Court Quashes Penalty Order Under BMA On Failure Of Dept. To Consider Assessee’s Email
The Delhi High Court has quashed the penalty order under the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 (BMA) for non-consideration of the assessee’s email.The bench of Justice Rajiv Shakdher and Justice Tara Vitasta Ganju has observed that, as per the reply filed by the petitioner/assessee, his assertion was that the penalty proceedings should be...
Court Should Incline Towards Considering Lower Side On Margin Of Error When Bone Ossification Test Opines Child Victim’s Age Between 15-17 Yrs: Delhi HC
The Delhi High Court has observed that where the bone ossification test for determining age of a child victim under the POCSO Act opines the age between 15 to 17 years, the court should incline towards considering the lower side on the margin of error. Observing that such an approach would be in consonance with the objectives of POCSO Act, Justice Jasmeet Singh observed:“…the Supreme Court...
Framing Course In Schools Is Sole Domain Of Expert Bodies, Courts Can’t Take Decisions In Academic Matters: Delhi High Court
Dismissing a PIL seeking introduction of legal studies compulsorily as an elective or optional subjects in all schools in the national capital, the Delhi High Court has said that framing a course is the sole domain of expert bodies and courts cannot take a decision in academic matters.“In the considered opinion of this Court, framing of a course is the sole domain of expert bodies and...
Centre Notifies Appointment Of Judicial Officer Dharmesh Sharma As Additional Judge Of Delhi High Court
The Union Government has notified the appointment of judicial officer Dharmesh Sharma as an additional judge of the Delhi High Court.Sharma, an officer of Delhi Higher Judicial Services, was earlier Principal District and Sessions Judge of Dwarka Courts (South West District).The announcement has been made by Law Minister Kiren Rijiju on Twitter. He wrote, “In exercise of power conferred...
Issues Falling Within The Exclusive Jurisdiction Of Estate Officer Under The Public Premises Act, Are Non-Arbitrable: Delhi High Court
The Delhi High Court has ruled that the disputes relating to determination of a lease or the arrears of rent payable in respect of public premises, are questions statutorily mandated to be determined exclusively by the Estate Officer under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (PP Act). Thus, the same are non-arbitrable. The bench of Justice...
Issue Of Full And Final Settlement Of Dispute Is A Question Of Fact Which Has To Be Decided By The Arbitrator: Delhi High Court
The Delhi High Court has held that an issue of full and final settlement of dispute between the parties will be a question of fact which has to be decided by the arbitrator. The bench of Justice Navin Chawla held that the Court while exercising powers under Section 11 of the A&C Act cannot determine a disputed question of fact as its jurisdiction is confined to a prima...
Delhi High Court Refuses To Interfere With Demolition Of Mayapuri Chowk 'Kali Mata Mandir'
Considering that the religious committee has directed the removal of Kali Mata Mandir at Mayapuri Chowk because it is “unauthorised” and “obstructs the free flow of traffic”, the Delhi High Court has refused to interfere with the demolition of the religious structure to be carried out by the PWD. Justice Pratibha M .Singh observed that, "As per the sketch and the photographs which...
Delhi High Court Orders Permanent Injunction Against Use Of 'Miss India' Mark by Planet Media Group In Case Filed By Times Group
The Delhi High Court has restrained the use of “Miss India” by Planet Media Group in relation to the beauty pageants organized and promoted by it under the mark “MISS INDIA WORLD” and “TAJ MISS INDIA/MISS INDIA TAJ”.The bench of Justice Sanjeev Narula remarked that Planet Media had been dishonestly using “MISS INDIA”- the registered mark of Bennett, Coleman and Company, in...
Delhi High Court Seeks Status Report From Tihar Medical Superintendent On Health Condition Of Prisoners Aged Above 75-Years
The Delhi High Court recently sought status report from the Medical Superintendent of Tihar Jail regarding the present medical condition of all convicts and under-trial prisoners aged above 75 years.A division bench of Justice Siddharth Mridul and Justice Mini Pushkarna said that the status report must also include the complete details of treatments, if any, being provided to the prisoners....
Invention Shouldn't Be Deemed ‘Computer Program Per Se’ Only Due To Algorithms & Computer-Executable Instructions: Delhi High Court To Patent Office
The Delhi High Court has observed that an invention should not be deemed as a “computer program per se” under the Patents Act merely because it involves algorithms and computer-executable instructions but the decision should be based on the technical advancements it offers and its practical application in solving real-world problems.Justice Sanjeev Narula said that it is essential for...
High Court Orders Assistant Controller General Of Patents To Undergo Course On Passing Judicial Orders At Delhi Judicial Academy
The Delhi High Court has directed an Assistant Controller General Of Patents to undergo a course on passing judicial orders at the Delhi Judicial Academy as it was “seriously disturbed” about an order passed by the officer while rejecting an application for grant of patent.Justice C Hari Shankar said that the order was nothing less than a “total mockery” of the functions which are...
Delhi High Court Reserves Order On PIL Demanding Complainants Be Asked About Willingness To Undergo Narco Analysis, Polygraph Test
The Delhi High Court on Monday reserved its decision on a public interest litigation seeking directions on the Delhi Police to ask the complainants if they are willing to undergo scientific tests like Narco Analysis and Brain Mapping during the investigation to prove the allegations, to control “fake cases.”"We are not lawmakers," said the division bench of Chief Justice Satish Chandra...