Delhi High Court
CERC's Powers To Refer Disputes To Arbitration Extends To Even Those Cases Which Fall Outside Its Jurisdiction: Delhi High Court
In a noteworthy judgment for the renewable energy sector, the Delhi High Court has observed that the power of Central Electricity Commission (“CERC”) under Section 79(1)(f), Electricity Act to refer parties to arbitration is wider than its power to adjudicate. A bench of Justice Purushaindra Kumar Kaurav observed that CERC in exercise of its adjudicatory powers can...
Delhi High Court Directs 'American Dream11' To Take Down Social Media Pages Infringing Dream11's Mark
The Delhi High Court has directed American Dream 11, a US-based fantasy gaming company, to take down or block all its social media pages and profiles that allegedly infringe the trademark Dream11 on platforms such as Facebook, X (formerly Twitter), LinkedIn, and Instagram.A single-judge bench of Justice Tejas Karia passed the order while hearing a plea filed by Sporta Technologies Pvt....
'Faulty, Needs To Be Read Down': Delhi High Court Questions Disciplinary Action Process Under BCI's Foreign Law Firms Rules
The Delhi High Court on Thursday questioned the process of disciplinary proceedings and imposition of penalties enumerated under the Bar Council of India's Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022.A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela said that prima facie, it is beyond comprehension, that in...
Ocular Evidence Corroborated By Medical Evidence Sufficient For Murder Conviction, Even If Motive Not Fully Established: Delhi High Court
The Delhi High Court has held that ocular evidence, duly corroborated by medical evidence, is sufficient for a murder conviction, even if the motive of the crime is not fully established.A division bench of Justices Prathiba M. Singh and Amit Sharma observed, “if there is sufficient evidence in the form of eye witness/es or otherwise to establish the guilt of the accused, then not proving...
Child Care Leave Not An Entitlement But Can't Be Denied Arbitrarily Or Mechanically: Delhi High Court
The Delhi High Court has observed that while child care leave (CCL) granted to women government employees is not an entitlement but the same cannot be denied arbitrarily or mechanically. “While it is correct that CCL is not an entitlement as of right, the discretion to deny cannot be exercised arbitrarily or mechanically. It must be guided by the object and spirit of the rule, which is...
GST Department Must Decide Refund Applications Expeditiously, Any Delay Adversely Affects Business: Delhi High Court
The Delhi High Court has called upon the Goods and Services Tax Department to expeditiously process the refund applications filed by registered persons/ entities.A division bench of Justices Prathiba M. Singh and Shail Jain observed, “As per the statutorily prescribed procedure, the refund applications have to be dealt with in a particular manner within the prescribed timelines as per...
Delhi High Court Extends Time To Surrender For Lawyer Accused Of Raping Woman Advocate
The Delhi High Court on Thursday granted extension of time to surrender to a lawyer whose anticipatory bail was cancelled over allegations of raping a young woman advocate.Justice Amit Mahajan directed the lawyer to surrender by November 17, and asked him not to contact the victim in the meantime. It further directed that in case the lawyer contacts the victim, the Delhi Police will be at...
Delhi High Court Raps Income Tax Dept For Over Two-Year Delay In Implementing ITAT Order; Directs Refund With Interest Within One Month
The Delhi High Court recently criticized the Income Tax Department for an over 2-year delay in implementing an ITAT order, directing it to reconsider the demand raised against an assessee.A division bench of Justices Prathiba M. Singh and aShail Jain observed that the Income Tax Department must implement judicial orders with “alacrity” however in this case, it woke up only after the...
Frame Rules For Convicts Unable To Surrender After Lapse Of Parole Due To Health Issues, Age: Delhi High Court To Authorities
The Delhi High Court has directed the State Authorities to frame rules to cater to situations where convicts are unable to surrender even after lapse of the period of release on parole or furlough, due to being incapacitated by virtue of their health or age.Justice Amit Mahajan said that in such cases, multiple convicts may be forced to suffer tribulations of legal limbo and left to wait for...
Informer Of GST Evasion Cannot Seek Reward As A Matter Of Right: Delhi High Court
The Delhi High Court has prima facie observed that an informer, who apprises the Department about evasion of goods and services tax by an entity, cannot seek reward for sharing such information as a matter of right.A division bench of Justices Prathiba M. Singh and Shail Jain were of the prima facie view that no such right vests in any informer.“In the opinion of this Court, the grant of...
GST Dept Can't Raise Fresh Demand U/S 73 If Explanation Offered By Assessee U/S 61(2) Was Accepted: Delhi High Court
The Delhi High Court has made it clear that Section 61(2) of the Goods and Service Tax Act, 2017 bars further action against an assessee, including any demand under Section 73.For context, Section 61 empowers the proper officer to scrutinize the return furnished by the registered person and inform him of the discrepancies noticed.Sub-section (2) thereof provides that in case the...
Delhi High Court Rejects Plea Seeking “Free & Fair” Probe Into “I Love Muhammad” Posters In Uttarakhand, UP
The Delhi High Court has dismissed a PIL seeking a free and fair probe into three FIRs registered overI love Muhammad” posters displayed by individuals in Uttarakhand and Uttar Pradesh on the occasion of Milad-un-Nabi, commemorating the birth and passing of the Prophet.A division bench of Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela dismissed the plea observing that the...