Delhi High Court Weekly Roundup: March 14 To March 20, 2022

CITATIONS 2022 LiveLaw (Del) 202 TO 2022 LiveLaw (Del) 213NOMINAL INDEXJIVANLAL JOITARAM PATEL v. NATIONAL HIGHWAYS AUTHORITY OF INDIA 2022 LiveLaw (Del) 202Mrs. Jayanti Dalmia Versus DCIT 2022 LiveLaw (Del) 203SAVE NIMISHA PRIYA INTERNATIONAL ACTION COUNCIL THROUGH ITS CHAIRMAN v. UNION OF INDIA & ANR. 2022 LiveLaw (Del) 204STAR INDIA PVT. LTD. & ANR. v. LIVE.FLIXHUB.NET & ORS. 2022 LiveLaw (Del) 205SANTOSH TRUST & ANR. v. NATIONAL MEDICAL COMMISSION & ORS. 2022 LiveLaw (Del) 206WING COMMANDER SHYAM NAITHANI v. UNION OF INDIA AND ORS. 2022 LiveLaw (Del) 207ADOBE, INC v. NAMASE PATEL AND OTHERS 2022 LiveLaw (Del) 208KINGS FURNISHING AND SAFE CO v. THE COMMISSIONER & ORS 2022 LiveLaw (Del) 209DELHI WAQF BOARD Through its Chairman v. GOVERNMENT OF NCT OF DELHI & ANR 2022 LiveLaw (Del) 210Jagdish Sharma v. Union of India & Ors. 2022 LiveLaw (Del) 211LALIT RAJ v. UNION OF INDIA MINISTRY OF HOME AFFAIRS & ORS. 2022 LiveLaw (Del) 212MR. ABHISHEK GUPTA & ANR. v. STATE OF NCT OF DELHI & ANR 2022 LiveLaw (Del) 213ANUPAM & ORS. v. UNIVERSITY OF DELHI THROUGH: ITS REGISTRAR & ORS. 2022 LiveLaw (Del) 214JUDGMENTS/ORDERS1. Arbitral Fee Under Fourth Schedule Based On Aggregate Value Of Claim & Counter-Claim : Delhi High CourtCase Title: JIVANLAL JOITARAM PATEL v. NATIONAL HIGHWAYS AUTHORITY OF INDIACitation: 2022 LiveLaw (Del) 202The Delhi High Court has observed that the term "sum in dispute" provided in the 4th Schedule to the Arbitration and Conciliation Act, 1996 has to be interpreted so as to include the aggregate value of the claims as well as counter claims.The High Court disagreed with the Arbitrator's view that the claims and counter-claims have to be assessed separately for calculation of fee as per the fee scale provided under the 4th Schedule."The term "sum in dispute", would take in its ambit claims as well as counter claims. The said expression "sum in dispute" used in the 4th Schedule to the Act has to be given its ordinary meaning, to include the total amount of claim made by the claimant, and the total amount of counter claim made by the respondent", a bench comprising Acting Chief Justice Vipin Sanghi and Justice Amit Bansal observed.2. Refusal To Fill Consent Form To Obtain Information About Swiss Bank Account, Delhi High Court Upholds PenaltyCase Title: Mrs. Jayanti Dalmia Versus DCITCitation: 2022 LiveLaw (Del) 203The Delhi High Court has upheld the penalty issued under the Income Tax ActIncome Tax Act, 1961 upon an assessee who had failed to fill the consent-cum-waiver form to enable the tax authorities to obtain information about the alleged Swiss Bank accounts held by it.The Bench, consisting of Justices Manmohan and Sudhir Kumar Jain, has held that even if the Assessee had no connection with the alleged Swiss Bank accounts, no prejudice would have been caused to her if she had complied with the notice issued under Section 142(1) of the Income Tax Act and had filled the consent form.The Delhi High Court observed that in the case of Sanjay Dalmia versus PCIT (2018), the Delhi High Court had upheld the penalty imposed under Section 271(1)(b) of the Act which had arisen from the same search and bank account under consideration in the present case and for the same reason of not having filled the consent form. Also, the High Court observed that a Special Leave Petition against the said order was dismissed by the Supreme Court.The High Court also observed that the judgment passed by the Supreme Court in Selvi & Ors had no application to the facts of the present case as the same had only upheld the principle of 'right of silence' in the context of criminal proceedings.3. Nimisha Priya Case | Will Appeal Against Death Penalty In Yemen, Not Participate In Negotiations With Victim's Family: Centre To Delhi High CourtCase Title: SAVE NIMISHA PRIYA INTERNATIONAL ACTION COUNCIL THROUGH ITS CHAIRMAN v. UNION OF INDIA & ANR.Citation: 2022 LiveLaw (Del) 204The Centre has informed the Delhi High Court that it will take appropriate steps to institute an appeal before the next appellate forum challenging the death penalty awarded to Nimisha Priya, an Indian woman who was convicted by a Yemen court for killing a local in 2017.Anurag Ahluwalia appearing for the Centre, on instructions, apprised Justice Yashwant Varma that the Government of India shall take all proactive steps to institute an appeal before next appellate forum in accordance with prevalent law in Yemen.He also apprised the Court that the Councillor present in Yemen shall extend cooperation and facilitate the travel of persons wanting to negotiate with victim's family in order to pursue their purported aim to settle the dispute.The Centre also informed the Court that it is providing miscellaneous amounts to Priya for her daily expenses inside prison.Accordingly, the Court requested the concerned Ministry to duly pursue the remedy of further appeal against order of conviction and the plea was disposed of.4. IPL 2022: Delhi High Court Orders Blocking Of...

Delhi High Court Weekly Roundup: March 14 To March 20, 2022

Nupur Thapliyal

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