Delhi High Court Weekly Round-Up: June 26 To July 02

Citations 2023 LiveLaw (Del) 529 to 2023 LiveLaw (Del) 536

NOMINAL INDEX

Darpan Kohli Versus Assistant Commissioner Of Income Tax 2023 LiveLaw (Del) 529

State v. Jeevak Nagpal 2023 LiveLaw (Del) 530

SH.PRADEEP KUMAR v. STATE OF U.P and other connected matters 2023 LiveLaw (Del) 531

MADHU BALA v. STATE 2023 LiveLaw (Del) 532

Siddharth Mishra & Ors. V. UPSC 2023 LiveLaw (Del) 533

Home Credit India B.V. Versus ACIT 2023 LiveLaw (Del) 534

South Delhi Municipal Corporation Versus B N Magon 2023 LiveLaw (Del) 535

DR. GEETA OBEROI v. NATIONAL JUDICIAL ACADEMY 2023 LiveLaw (Del) 536

Assessment Order Cannot Be Directed Against Only One Of The Legal Heirs Of Deceased Assessee: Delhi High Court Sets Aside Rs. 10 Crores Demand

Case Title: Darpan Kohli Versus Assistant Commissioner Of Income Tax

Citation: 2023 LiveLaw (Del) 529

The Delhi High Court held that an assessment order cannot be directed against only one of the legal heirs of a deceased assessee.

The Bench of Justice Rajiv Shakdher and Justice Girish Kathpalia has set aside an assessment order of Rs. 10 crores passed by the Income Tax Department, solely on the ground that it was passed against only one of the legal heirs of the deceased assessee and not against all legal heirs.

Delhi High Court Commutes Death Penalty Of Man For Murder Of 12-Yr-Old, Modifies Sentence To 20 Yrs Rigorous Imprisonment Without Remission

Title: State v. Jeevak Nagpal

Citation: 2023 LiveLaw (Del) 530

The Delhi High Court on Monday commuted the death sentence awarded to a man for kidnapping and murdering a 12-year-old minor boy in 2009.

A division bench of Justice Mukta Gupta and Justice Anish Dayal modified the sentence awarded to Jeevak Nagpal to 20 years of rigorous imprisonment without remission. Nagpal was awarded death penalty by the trial court in 2020. He was 21 at the time of the crime and 32 years old when he was convicted.

Custodial Death Of 26-Yr-Old: Delhi High Court Upholds Conviction, 10 Years Sentence Of Uttar Pradesh Cops In 2006 Case

Title: SH.PRADEEP KUMAR v. STATE OF U.P and other connected matters

Citation: 2023 LiveLaw (Del) 531

The Delhi High Court today upheld the conviction and 10 years of sentence awarded to five cops of the Uttar Pradesh Police over custodial torture resulting in death of a young 26-years-old man in 2006. They were convicted and sentenced in the year 2019.

A division bench of Justice Mukta Gupta and Justice Anish Dayal dismissed the appeals moved by the five police officials and upheld the trial court order convicting them for the offences punishable under sections 304 (causing death by negligence), 220 (commitment for trial or confinement by person having authority who knows that he is acting contrary to law), 365 (kidnapping or abducting with intent secretly and wrongfully to confine person), 167 (public servant framing an incorrect document with intent to cause injury) and 34 (common intent) of Indian Penal Code, 1860.

Ensure Sufficient Number Of Short, Long Stay Homes For Mentally Ill Inmates: High Court To Delhi Govt

Title: MADHU BALA v. STATE

Citation: 2023 LiveLaw (Del) 532

The Delhi High Court has directed the Delhi Government to ensure that a sufficient number of short and long stay homes are available for mentally ill inmates who do not require regular hospitalization and have no homes to go back to live in a safe environment.

Observing that it is the bounden duty of the State to take care of the life of all its citizen, a division bench of Justice Mukta Gupta and Justice Poonam A. Bamba said:

“It is hoped and expected that in terms of the directions of this Court in Charanjit Singh (supra) the State will ensure sufficient number of Short Stay Homes and Long Stay Homes for people with mental illness who do not require regular hospitalization and who have no homes to go back to live in a safe, congenial and pleasant environment.”

Civil Services Exam 2023: Delhi High Court Refuses Interim Relief, Asks CAT To Expeditiously Decide Plea Seeking Reduction In CSAT Cut Off

Title: Siddharth Mishra & Ors. V. UPSC

Citation: 2023 LiveLaw (Del) 533

The Delhi High Court has asked the Central Administrative Tribunal to decide expeditiously the plea seeking reduction in the cut off from 33% to 23% for qualifying Part II (CSAT) exam of 2023 Civil Services Examination conducted by UPSC last month.

A vacation bench of Justice C Hari Shankar and Justice Manoj Jain refused the interim relief and disposed of a petition moved by a group of civil services aspirants against the Tribunal’s refusal to grant any interim relief.

AO Unclear whether The Notice Is Issued To An Individual Or A Corporate Entity: Delhi High Court Quashes Reassessment Notice

Case Title: Home Credit India B.V. Versus ACIT

Citation: 2023 LiveLaw (Del) 534

The Delhi High Court has quashed the reassessment notice for non-application of mind by the department.

The bench of Justice Rajiv Shakdher and Justice Girish Kathpalia has directed the AO to recommence the proceeding if deemed necessary after gathering the relevant material that would show that income chargeable to tax has escaped assessment by the petitioner.

Advocates' Office Run From Residence Not Subject To Property Tax As Business Building : Delhi High Court

Case Title: South Delhi Municipal Corporation Versus B N Magon

Citation: 2023 LiveLaw (Del) 535

Holding that the "professional activity" of lawyers cannot be seen as "commercial activity", the Delhi High Court held that an advocate's office run from a residential building is not subject to property tax under the Delhi Municipal Corporation Act as a "business building".

The division bench of Justice Najmi Waziri and Justice Sudhir Kumar Jain noted that the Master Plan for Delhi(MPD), 2021 permits professional activity in residential buildings, subject to certain conditions. However, the said provision of MPD, does not empower the Corporation to levy tax for professional activity being carried out from residential buildings. 

Delhi High Court Upholds Decision To Terminate Services Of National Judicial Academy’s Professor

Title: DR. GEETA OBEROI v. NATIONAL JUDICIAL ACADEMY

Citation: 2023 LiveLaw (Del) 536

The Delhi High Court has upheld the termination of Dr. Geeta Oberoi, a contractual professor of National Judicial Academy, Bhopal on the basis of a show cause notice issued to her in 2021 over allegations of “encouraging and harbouring” stray dogs inside the campus.

Justice Jasmeet Singh dismissed the plea of the professor, who was working in the Academy since 2014, challenging the show cause notice issued on February 01, 2021, by the Academy’s Director as well as order of the Executive Committee passed on May 13 terminating her appointment.