Civil Service Rules | Examining Sexual Harassment Complainant In Absence Of Accused, Without ICC Report Vitiates Disciplinary Action: Delhi HC

The Delhi High Court has held that disciplinary proceedings under Rule 14(2) of the Central Civil Services (Classification, Control and Appeal) Rules 1965, which are founded on an Internal Complaints Committee (ICC) inquiry, stand vitiated where complainants are examined in the absence of the delinquent employee.A Division Bench of Justices Navin Chawla and Madhu Jain thus dismissed Centre's appeal and upheld a CAT order setting aside the termination of a probationer at IIHT Guwahati, who was...

Director's Assurance Of Payment In Ordinary Business Can't Automatically Attract Cheating Charge: Delhi High Court

The Delhi High Court has held that a director's assurance of payment given in the ordinary course of a commercial transaction cannot, by itself, be treated as fraudulent inducement so as to attract the offence of Cheating under Section 420 IPC.Justice Neena Bansal Krishna made the observation while quashing criminal proceedings against a Managing Director who had been charged with cheating...

Delhi High Court Directs Special Committee To Decide Lawyers' Plea To Include Their Names In Electoral Roll For BCD Polls

The Delhi High Court has directed the Special Committee of the Bar Council of Delhi (BCD) to decide a representation filed by three lawyers seeking addition of their names in the electoral roll for the ensuing elections.Justice Amit Bansal directed the lawyers to file a representation before the Special Committee by January 08, which shall be considered and decided on or before January 12.This was after the judge noted that the publication of the final electoral roll to the ensuing BCD...

Delhi High Court Refuses To Quash Reassessment Against Homebuyer Over Alleged Cash Payment To Builder

The Delhi High Court has refused to interfere with reassessment proceedings initiated against a taxpayer after documents seized from real estate group Bhutani Infra allegedly reflected a cash transaction linked to a flat purchase.A Division Bench of Justices Dinesh Mehta and Vinod Kumar observed that the notice issued under Section 148 of the Income Tax Act cannot be termed as...

Only State Or Accused Can Seek Directions For Speedy Trial In Police-Report Cases, Not Victim: Delhi High Court

The Delhi High Court has held that in cases arising out of a police report, only the State or the accused has the locus to seek directions for expeditious disposal of the trial.Justice Girish Kathpalia clarified that a de facto complainant or victim cannot maintain such a plea.The bench observed,“the subject case being a State case, role of the complainant de facto is limited to being a witness and therefore, it is only the State or the accused who can bring such petition.”It thus dismissed a...

Can Service Tax Be Levied On Transfer of Development Rights? Delhi High Court To Decide

The Delhi High Court on Monday took up a Revenue appeal that squarely raises the question of whether the transfer of development rights constitutes a taxable service under the Finance Act, 1994. A Division Bench of Justices Nitin Wasudeo Sambre and Ajay Digpaul issued notice in an appeal filed by the Service Tax Department against an order of the Delhi Customs, Excise and Service Tax...

State Alone Can Appeal Against Acquittal In Police-Report Cases, Third Party Lacks Locus: Delhi High Court

The Delhi High Court has held that in criminal cases arising out of a police report, the right to file an appeal against acquittal vests exclusively with the State.Justice Amit Mahajan held that a third party cannot maintain such an appeal by invoking the proviso to Section 372 CrPC, unless she qualifies as a “victim” under the statutory definition.The bench observed,“At the outset, it is apposite to mention that Section 378 CrPC is the specific provision dealing with appeals against acquittal....

Delhi High Court Seeks RBI's Response On Plea For Action Against NBFCs Violating Guidelines On Digital Lending

The Delhi High Court on Wednesday issued notice on a petition seeking coercive action against Regulated Entities (REs), Non-Banking Financial Companies (NBFCs) and Lending Service Providers (LSPs) operating digital lending applications found to be in breach of Reserve Bank of India's Guidelines on Digital Lending.A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia sought response of Union Government, RBI, Google LLC and Apple India Private Limited. The PIL has been...

Delhi High Court Issues Notice On PIL Seeking Strict Enforcement Of E-Rickshaw Regulations Following Child's Death

The Delhi High Court on Wednesday issued notice on a Public Interest Litigation (PIL) seeking strict enforcement of laws and regulations governing e-rickshaws in the national capital.A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia sought response of the Delhi Government, its Transport Department, Delhi Traffic Police and Municipal Corporation of Delhi. The matter will now be heard on March 18. The PIL has been filed by one Manish Parashar, whose eight-year-old...

Delhi High Court Dismisses 'Luxury Litigation' Over Debt Assignment, Reaffirms NCLT Power To Probe Fraud

The Delhi High Court has dismissed what it described as “luxury litigation” challenging a debt assignment, saying issues of fraud or the existence of debt must be decided by the insolvency tribunal, not a civil court. A single-judge bench of Justice Purushaindra Kumar Kaurav rejected the suit at the threshold, holding that it was a “mala fide attempt” built on “clever drafting”...

Are You Waiting For Another Mishap? Delhi High Court Pulls Railways For Failing To Respond To PIL Over Last Year's NDLS Stampede

The Delhi High Court on Wednesday expressed displeasure with the railway authorities for failing to respond to a PIL filed over the stampede that occurred at New Delhi Railway Station on February 15 last year.A division bench comprising Chief Justice Devendra Kumar Upadhyay and Justice Tejas Karia questioned the railways' counsel as to why the affidavit was not filed even after almost a year. The Court had directed the railways to file response giving details of the decisions which might be...

Delhi High Court Orders Congress, AAP & Others To Take Down Defamatory Posts Linking BJP's Dushyant Gautam To Ankita Bhandari Murder Case

The Delhi High Court on Wednesday (January 7) directed Congress party, Aam Aadmi Party and various others to take down allegedly defamatory publications from social media linking BJP's National General Secretary and former Rajya Sabha MP Dushyant Kumar Gautam to the Ankita Bhandari murder case. It further restrained various defendants from posting or circulating any content which names or targets Gautam as the VIP in the Ankita Bhandari murder case. The defendants in the suit are...