Delhi High Court Questions Centre On Implementation Of Digital Personal Data Protection Act

The Delhi High Court has asked the Central Government about enforcement of the Digital Personal Data Protection (DPDP) Act, 2023.The legislation paves way for processing digital personal data in a manner that protects both— individuals' right to privacy and the need to process their personal data for lawful purposes.However, despite receiving Presidential assent on August 11, 2023, the Act...

S.171 GST Act | Businesses Registration Can Be Cancelled Over Non-Reduction Of Prices After GST-Rate Cut: Delhi High Court

The Delhi High Court has held that an authority constituted under Section 171 of the Central Goods and Services Tax Act 2017 can order businesses to reduce their prices following reduction in GST rates applicable to their products.A division bench of Justices Prathiba M. Singh and Shail Jain further held that such authority can also impose penalty or cancel GST registration of those in...

After GST Rate Cut, Non-Reduction Of Price Can't Be Justified By Secretly Increasing Product Quantity At Same MRP : Delhi High Court

The Delhi High Court has made it clear that when GST rates applicable on a given product are reduced by the GST Council, its benefit should trickle down to the end consumer by reduction in prices of such products.A division bench of Justices Prathiba M. Singh and Shail Jain observed that letting manufacturers increase the quantity of the product while charging the same MRP will defeat the...

Shopowner Can't Seek Rehabilitation On Acquisition Of Land By DMRC Unless He Does Business From There: Delhi High Court

The Delhi High Court has made it clear that Delhi Metro's 'Relocation and Rehabilitation policy in respect of project affected persons' does not contemplate rehabilitation for shopowners whose shops are acquired for a project, unless they are 'doing business' from the said shop.“In order to avail benefit of being awarded an alternate shop under the aforesaid policy/guideline, the petitioner...

45-Day Limitation To File Replication Runs From Date When Belated Written Statement Is Recorded, Not From Advance Service: Delhi High Court

The Delhi High Court has made it clear that merely because a written statement (WS), filed belatedly, is served by the Defendant on the Plaintiff, the same would not obligate the latter to file his rejoinder/ replication within 45 days thereafter.Justice Tejas Karia observed that the replication would be futile if the Court refuses to condone the delay in filing of WS. Hence, the...

Ignorance Of Nature Of Contraband No Defence Under NDPS Act: Delhi High Court While Denying Bail In Drug Trafficking Case

The Delhi High Court has denied bail to two men in an alleged drug trafficking syndicate case, observing that ignorance of the nature of contraband is no defence under the Narcotic Drugs and Psychotropic Substances Act, 1985. Justice Ajay Digpaul denied bail to a Nigerian national Ekoh Collins Chidubem and one Pradeep Kumar Jha in a case registered under Sections 8, 21, 23 and 29 of the...

UNHCR Refugee Certification Not Substitute For Valid Visa For Foreign Nationals: Delhi High Court

The Delhi High Court has observed that United Nations High Commissioner for Refugees (UNHCR) certification is not a substitute for a valid visa for foreign nationals under the Foreigners Act, 1946. “UNHCR certification, though relevant for humanitarian consideration, does not confer any enforceable legal status upon an individual under Indian municipal law. It cannot substitute for a...

Delhi High Court Stays Proceedings In Forgery FIR Alleging Fake Degree Racket Involving GLOCAL University

The Delhi High Court stayed proceedings in a cheating and forgery FIR pertaining to an alleged fake degree racket, in GLOCAL University's plea challenging a Section 94 BNSS notice issued by the Delhi police seeking private and personal details of the university officials and students. For context, Section 94 empowers a court or a police officer to issue summons for requiring production of...

False Cases Tarnish Reputation, Courts Must Look Into Complaints Closely: Delhi High Court Quashes Rape Case Against Retired Army Officer

The Delhi High Court has quashed a rape and sexual assault case against a 70 year old retired Indian Army officer, observing that the allegations against him were "inherently absurd".“...the absurd nature of the allegations which are not supported by a shadow of credible evidence, in the opinion of this Court, continuation of proceedings will be an abuse of process of law,” Justice...

Delhi High Court Forms Committee To Remove Encroachments, Rehabilitate Displaced Residents Near Tughlaqabad Fort

The Delhi High Court has constituted a Committee for conducting a survey and devising a joint policy decision for removal of illegal encroachments and rehabilitation of those who may be required to be uprooted and displaced in an around city's Tughlaqabad Fort.A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela observed that Tughlakabad Fort is an ancient...

Delhi High Court Initiates Criminal Contempt Proceedings Against Lawyer For Calling Judiciary 'Corrupt'

The Delhi High Court has recently initiated criminal contempt proceedings against a lawyer who called the judiciary and judges corrupt and made scandalous allegations about the institution.Justice Amit Sharma said that prima facie, the lawyer had committed “criminal contempt” as defined in Section 2(c) of the Contempt of Courts Act, 1971.The Court ordered that the matter be listed before...

Mother Silencing Minor Daughter, Permitting Accused To Sexually Assault Her Amounts To 'Abetment' Under POCSO Act: Delhi High Court

The Delhi High Court has observed that the act of a mother of silencing her minor daughter and permitting an accused to sexually abuse and assault her amounts to “abetment” under Section 17 of the POCSO Act. Justice Swarana Kanta Sharma upheld the conviction of a mother for abetting the rape of her 11 year old minor daughter for the offences under Section 6 read with 17 and 21 of the...