Services Provided By EY India To Overseas EY Entities Not “Intermediary Services”: Delhi High Court Directs IGST Refund To EY India

The Delhi High Court has ruled that the services provided by M/s Ernst and Young Limited (India), the Indian Branch Office of UK based company, M/s Ernst & Young Limited (E&Y Ltd), to overseas EY Entities, is not an “intermediary service”. The Court thus set aside the orders passed by the GST Authorities where it had rejected Ernst and Young’s application seeking refund...

Location Of Facilitation Council Under MSMED Act Would Remain The ‘Venue’ Of Arbitration When The Agreement Confers Jurisdiction On The Courts In A Different Place: Delhi High Court

The High Court of Delhi has held that the location of the Facilitation Council administering arbitration under Section 18 of the MSMED Act, 2006 would remain the ‘Venue’ of arbitration when the parties have conferred exclusive jurisdiction on a Court situated in a different place. The bench of Justices V. Kameshwar Rao and Anoop Jairam Bhambhani held that by virtue of the...

Authorities In Patent Office Must Practice Due Application Of Mind In Decisions, Cut-Paste Orders Can’t Sustain: Delhi High Court

The Delhi High Court has observed that the officers of Controller General of Patents, Designs & Trade Mark must practice due application of mind while rendering decisions and that template or “cut-paste” orders must be discouraged and cannot sustain.While pulling up an Assistant Controller of Patents and Designs for passing a “mechanical order” while refusing an application for...

Right To Residence In Matrimonial Home Includes Right To Safe And Healthy Living: Delhi High Court

The Delhi High Court has observed that the right to residence in a matrimonial home under the provisions of Protection of Women from Domestic Violence Act, 2005, also includes the right to safe and healthy living. While issuing notice on a wife’s plea challenging the order passed by the First Appellate Court in a civil case relating to matrimonial dispute, Justice Tushar Rao Gedela...

Arbitral Tribunal’s Order Rejecting The Application For Impleadment Of Party Doesn’t Constitute An ‘Interim Award’: Delhi High Court

The Delhi High Court has reiterated that a party who is a non-signatory to the arbitration agreement, can be impleaded as a necessary party in the arbitration proceedings. The bench of Justices Najmi Waziri and Sudhir Kumar Jain further ruled that the Arbitral Tribunal’s order rejecting the application for impleadment of parties in the arbitral proceedings, does not constitute...

High Court Seeks Delhi Govt’s Status Report On Formulating SOP For Proceedings Relating To Tree Offences

The Delhi High Court has directed the Delhi government to file an affidavit detailing the progress made in formulating the Standard Operating Procedure (SOP) in respect of proceedings related to offences of damage of trees or violation of any other provision of Delhi Preservation of Trees (DPT) Act, 1994The court was hearing a writ petition filed by senior lawyer Rajiv Dutta seeking...

Repeated Non Compliance Of Judicial Orders By Domain Name Registrars Can Be Construed As Violation Of Public Order: Union Govt To Delhi High Court

The union Ministry of Electronics and Information Technology has told the Delhi High Court that repeated non-compliance of judicial orders by any domain name registrars (DNR) can be construed as violation of public order and its website or URL can be blocked by the court under section 69A of the Information Technology Act.Section 69A grants power to the Central Government to issue directions...

Delhi High Court Monthly Digest - March 2023 [Citations 187 - 279]

Citations 2023 LiveLaw (Del) 187 to 2023 LiveLaw (Del) 279NOMINAL INDEXM/S GOLD CROFT PROPERTIES PVT. LTD. v. DIRECTORATE OF ENFORCEMENT 2023 LiveLaw (Del) 187OYO Hotels And Homes Pvt. Ltd. Versus DCIT 2023 LiveLaw (Del) 188CHHOTE LAL v. GOVT. OF NCT OF DELHI AND ORS 2023 LiveLaw (Del) 189Bernd Alexander Bruno Wehnelt vs. Union of India 2023 LiveLaw (Del) 190CHANDRIL DABAS v. THE COMMISSIONER...

Delhi High Court Weekly Round-Up: March 27 To April 02, 2023

Citations 2023 LiveLaw (Del) 269 to 2023 LiveLaw (Del) 283NOMINAL INDEXUNION OF INDIA v. ARVIND M KAPOOR AND ANR & other connected matter 2023 LiveLaw (Del) 269 THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA v. THE INSTITUTE OF COST ACCOUNTANTS OF INDIA 2023 LiveLaw (Del) 270 INOX AIR PRODUCTS PVT. LTD. v. AIR LIQUIDE NORTH INDIA PVT. LTD. 2023 LiveLaw (Del) 271 State v. Mohd....

Court May Decline To Refer Parties To Arbitration If Dispute Doesn’t Correlate To Arbitration Agreement: Delhi High Court Reiterates

The Delhi High Court has reiterated that mere existence of an arbitration agreement or arbitration clause would not be sufficient to refer the parties to arbitration and that even in the presence of an arbitration agreement, the court may decline to refer the parties to arbitration if the dispute does not correlate to the said agreement. While dealing with a petition filed under...

Attachment Of Bank Accounts Is A Draconian Step, Attachment Is Subject To The Condition Mentioned U/s 83 Of GST Act: Delhi High Court

The Delhi High Court has held that attachment of bank accounts is a draconian step and the action can only be taken in case conditions specified in Section 83 of the GST Act, are fully satisfied.The bench of Justice Vibhu Bakhru and Justice Amit Mahajan has observed that it is not open for the department to attach the bank accounts of other persons on the mere assumption that the funds were...

Refund Claim Embedded In Return, No Need To File Fresh Claim: Delhi High Court Directs Dept. To Pay 6% Interest

The Delhi High Court has held that since the claim for a refund made by the assessee was embedded in its return and the assessee was not required to file a fresh claim.The division bench of Justice Rajiv Shakdher and Justice Tara Vitasta Ganju has directed the Department to pay interest within 4 weeks.The assessee filed its revised return on 10.07.2015 for the fourth quarter of the Financial...