Delhi High Court Weekly Round-Up: January 23 To January 29, 2023

Citations 2023 LiveLaw (Del) 74 to 2023 LiveLaw (Del) 95NOMINAL INDEXRaghav Bahl v. ED 2023 LiveLaw (Del) 74N v. Principal Secretary Health and Family Department GNCTD & Ors. 2023 LiveLaw (Del) 75ISHA v. STATE (NCT OF DELHI) & ORS. 2023 LiveLaw (Del) 76RS v. STATE OF NCT DELHI AND ANR. 2023 LiveLaw (Del) 77Ram Prakash Chauhan Versus Commissioner of Delhi (GST) 2023 LiveLaw (Del)...

If Last Day Of Limitation For Appeal To NGT Falls On A Holiday, Can Appeal Be Filed On Next Working Day? Supreme Court To Consider

The Supreme Court on Friday(January 27) deliberated upon the interpretation of Section 16 of the NGT Act insofar as the period of limitation in filing an appeal was concerned. The question that arose before the bench comprising Chief Justice DY Chandrachud and Justice Dipankar Datta was that if the last date of limitation for filing an appeal in NGT was a public holiday, what would happen....

'Saw No Change In Husband's Behaviour After Settlement Efforts, Can't Be Blamed': Bombay High Court Upholds Grant Of Maintenance To Divorced Woman

The Bombay High Court has upheld the grant of maintenance to a woman, whose husband's petition for divorce was allowed by the family court on the ground of desertion and cruelty.Dealing with the argument that prior to the decree of divorce she had refused to live with the husband without a sufficient reason and thus cannot be held to be entitled to maintenance, the court said when she had...

Claim That Investment In Shares Was A Capital Account Transaction, Non-Application Of Mind By AO: Delhi High Court Quashes Reassessment Notice

The Delhi High Court has quashed the reassessment notice as the AO failed to apply his mind as to whether an investment in shares was a capital account transaction.The division bench of Justice Rajiv Shakdher and Justice Tara Vitasta Ganju has observed that the principal allegation against the assessee is that it purchased shares of an Indian company and that this led to the escapement of...

Writ Court Can’t Classify Products Under Customs Tariff Act, Technical Analysis Is Required: Calcutta High Court

The Calcutta High Court has held that a writ court cannot answer the classification of products under the Customs Tariff Act as it requires technical analysis.The single bench of Justice Md. Nizamuddin has observed that a writ court in the exercise of its constitutional writ jurisdiction under Article 226 of the Constitution of India should not act as an expert to scrutinize the composition...

Madras High Court Holds Special Saturday Sitting To Hear Case On Palani Temple Ritual Dispute

The Madras High Court on Saturday held a special sitting to hear a matter related to the dispute about the manner in which rituals are to be carried out at the Palani temple.The bench of Acting Chief Justice T Raja and Justice D Bharatha Chakravarthy recorded that the parties have arrived at a consensus.The petitioner TR Ramesh, president of Indic Collective Trust and Temple Worshippers...

'What If There Is No Basic Structure Doctrine?' : Ex-Judge Deepak Gupta Cites Example Of Hitler Using Majority To Pass Amendments

While delivering the guest lecture at 2nd BR Ambedkar Memorial Lecture 2023 organised by Hidayatullah National Law University, Justice Deepak Gupta, former Judge of the Supreme Court said that the government wants to pack the courts with men and women who will toe their line and those who will not be critical of them and will uphold every action of them.Delivering his lecture on the topic...

[S.451 CrPC] No Need To Keep Valuable Articles In Police Custody Till Conclusion Of Trial: Gujarat High Court Reiterates

The Gujarat High Court recently reiterated that the court or police is not required to keep valuable articles in custody for years till the trial is over. Justice Ilesh J. Vora stated that if the proper panchnama before handing over possession of article is prepared, that can be used in evidence instead of its production before the Court during the trial. The Court was hearing...

Delhi Court Orders Attachment Of Hurriyat's Rajbagh Office In Srinagar

A Delhi Court has ordered attachment of All Parties Hurriyat Conference’s (APHC) office in Srinagar in a UAPA case probed by National Investigation Agency (NIA) against separatist leader Nayeem Ahmad Khan. Khan, who has been in judicial custody since August 14, 2017, has been accused of "creating unrest" in the Kashmir valley by the National Investigation Agency. He was arrested on July...

[Mohammedan Law] All Surviving Widows Of Deceased Employee Entitled To Family Pension Under Assam Services (Pension) Rules: High Court

A three judge bench of Gauhati High Court comprising then Chief Justice RM Chhaya, Justices Achintya Malla Bujor Barua and Soumitra Saikia recently held that where parties are governed by Mohammedan Law, the second wife or the further wives are entitled to the benefits of family pension under Rule 143(1) of the Pension Rules of 1969. The following issues were before the court...

Supreme Court On Corruption (2022)

Prevention of Corruption Act, 1988 - Constitution Bench answers reference on whether circumstantial evidence can be used to prove demand of illegal gratification- In the absence of evidence of the complainant (direct/primary, oral/documentary evidence) it is permissible to draw an inferential deduction of culpability/guilt of a public servant under Section 7 and Section 13(1)(d) read...

Liquor Ban For A Long Period Violates Merchants' Right To Livelihood: Bombay High Court Limits Prohibition To MLC Polls Voting Day

The Bombay High Court reduced the four-day ban on liquor sale in Thane, Palghar, Raigad and Nashik districts due to Maharashtra Legislative Council graduate constituencies elections to just the day of voting observing that a longer ban would violate the merchants' right to livelihood under Article 21 of the Constitution.“Imposing a prohibitory ban for long period on merchant establishments...