Delhi High Court Weekly Round-Up: December 19 To December 25, 2022

Citations [2022 LiveLaw (Del) 1192 TO 2022 LiveLaw (Del) 1215]NOMINAL INDEXINDIAN PILOTS GUILD & ANR v. DIRECTOR GENERAL OF CIVIL AVIATION & ANR 2022 LiveLaw (Del) 1192Umesh v. State (and other connected matters) 2022 LiveLaw (Del) 1193VIJAY AGRAWAL THROUGH PAROKAR v. DIRECTORATE OF ENFORCEMENT 2022 LiveLaw (Del) 1194PRAVEEN GARG v. THE HIGH COURT OF DELHI AND ORS. 2022 LiveLaw...

Rajasthan Housing Board, A Govt. Authority - Services Exempted From GST: AAR

The Rajasthan Authority for Advance Ruling (AAR) has held that services provided by the Rajasthan Housing Board in relation to any function entrusted to a municipality under Article 243 W of the Constitution are exempt from GST.The two-member bench of Umesh Kumar Garg and M.S. Kavia has observed that the Rajasthan Housing Board is covered under the definition of "government...

No Progress By Mental Health Authority In Five Years, State Counsel Handicapped Without Instructions: Bombay High Court Summons Secretary Health

Livid over the Maharashtra Mental Health Authority's non-functioning and lackadaisical attitude, the Bombay High Court recently directed state health department's principal secretary and CEO of the authority to remain present during the next hearing in court. "…for last almost five years no progress at all has been achieved by the Authority," the division bench of Justices NJ Jamadar...

Compensation On Cancellation Of Leasehold Rights Over A Plot, Capital Receipt: Delhi High Court

The Delhi High Court has held that the leasehold rights held by the assessee in the plot were a capital asset and that the compensation received by the assessee from the Government of Goa on the cancellation of the plot was a capital receipt and not a revenue receipt.The division bench of Justice Manmohan and Justice Manmeet Pritam Singh Arora has observed that if an agreement for the transfer...

Permanent Lok Adalat Cannot Entertain Complaints Against Final Order Passed U/S 126 Electricity Act: Chhattisgarh High Court

The Chhattisgarh High Court recently held that a Permanent Lok Adalat is not competent to maintain an application under Section 22 of Legal Services Authorities Act against the final order passed under Section 126(5) of the Electricity Act.Justice Rakesh Mohan Pandey observed that Sections 126 and 127 of the Electricity Act constitute a complete code in itself and there is remedy of...

Girls Aged 10-15 Yrs Undergo Biological Changes, Can't Be Taken Care Of By Father: Chhattisgarh High Court Grants Custody To Mother

The Chhattisgarh High Court recently refused to grant custody of a minor Hindu girl to her father despite him being a natural guardian, observing that a girl child aged between 10 to 15 years undergoes biological changes which cannot be tended to by the father.A Division Bench of Justice Goutam Bhaduri and Justice Radhakishan Agrawal opined that considering the paramount interest of the child,...

Registration Of FIR Not Sine Qua Non For Processing Life Insurance Policy Claim In Cases Of Accidental Fall Deaths: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court recently upheld a Consumer Commission order wherein it was held that in cases where the death of the insured has occurred due to injuries suffered from a fall, the registration of FIR may not be required for processing the life insurance claim."We are entirely in agreement with the Commission that in the case of this nature, the registration of FIR...

Rejection Of Appeal For Restoration Of GST Registration - Delay Of 1 Day Is Hyper Technical: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that the rejection of an appeal for the restoration of GST registration for a delay of 1 day is hyper-technical.The division bench of Justice Tarlok Singh Chauhan and Justice Virender Singh has allowed the claim of the petitioner, stating that the view taken by the appellate authority is quite hyper-technical and academic and that rejecting the appeal...

Casual Absence Of Defendant On Insignificant Date Would Not Make Court Order 'Ex-Parte': Bombay High Court

The Bombay High Court recently held that the consequence of the absence of a defendant has to be considered and a casual absence on any intermediate date would not make the decision of the court 'ex-parte'.Justice Vinay Joshi of the Nagpur bench added that voluntarily not cross examining the party and not advancing argument does not mean the order was ex-parte.The court was dealing with a...

Execution Of Arbitration Awards;Section 47 Of CPC Not Applicable : Tripura High Court

The High Court of Tripura has held that Section 47 of CPC which provides for certain questions to be determined by the executing Court does not apply to execution of an arbitration award under the A&C Act. The bench of Justice S.G. Chattopadhyay held that the executing court, exercising power under Section 36 of the Act, cannot entertain any objections against the award and a...

Cases Adjournment Request For Leisure Trip| P&H Bar Council Orders Samrala Bar Assoc. To Hold Legal Aid/Awareness Camps

The Punjab and Haryana Bar Council has called the November 19 resolution passed by the Samrala Bar Association requesting the Presiding Officers of the Court to "adjust and adjourn cases" on November 21 on account of a one-day Lawyers' trip to Morni Hills (Panchkula, Haryana) as 'unprofessional'.However, instead of taking stern action against the office bearers of the Association, the Council...

Savarkar Remark| Lucknow Court Registers Complaint Filed Against Rahul Gandhi

A Lucknow Court today registered a complaint filed against Congress Leader Rahul Gandhi over his alleged offensive remarks made against Vinayak Damodar Savarkar in Maharashtra during his ongoing Bharat Jodo Yatra.The order was passed by Addl. Civil Judge (Sr.Div.)/ACJM Ambrish Kumar Srivastava on an application moved by Advocate Nripendra Pandey under section 156 (3). The Court has NOW posted...