Page 46 - Delhi High Court

Newsclick Row: HC dismisses news portal plea challenging income tax orders

The petitioner had further prayed for a stay of demand during the pendency of the petitioner's appeal before the Commissioner of Income Tax (Appeals)

Input tax refunds under GST: 'HC's IndianOil ruling to benefit all firms'

The court has instructed the authorities to process the input tax refund sought by IndianOil despite the tax rate on its principal input and principal output being the same

Good Samaritan should not be harassed, law must come to rescue: Delhi HC

A person who chooses to help a person in distress should not be harassed for showing kindness and if he or she suffers in the process, the law must come to the rescue, the Delhi High Court has said. The court's observation came while granting interim payment of over Rs 5 lakh as compensation to the widow of a truck driver who died in 2018 while helping a victim of a road accident. "While he was returning back to his vehicle, which by all probabilities was properly parked on the side way, that he got struck by another unknown speeding vehicle and sustained injuries... We have to assume that being a 'Good Samaritan', he stopped his truck and responded to somebody in distress," said Justice Dharmesh Sharma in a recent order. "A person who chooses to take steps to aid a person a distress should not be harassed for showing kindness and if in the process the Good Samaritan suffers some injury or fatal consequence, the law must come to his rescue," the court said. The widow approached the

Okinawa acknowledged violating FAME scheme: Govt in Delhi High Court

HC asks govt to submit affidavit; next court hearing on December 18

Billing system case: Google withdraws appeal against Delhi HC order

The CCI said it has no objection to the withdrawal

Is grounded airline Go First even capable of doing test flight, asks lessor

The lessor also said that even physical inspection of the aircraft was not granted by the RP, besides the aircraft not being maintained and records not being provided to them

HC seeks Centre's stand on PIL against deepfakes, artificial intelligence

The Delhi High Court on Monday sought the Centre's response on a public interest litigation against the unregulated use of artificial intelligence and deepfakes. Deepfakes are videos or images that are created using Artificial Intelligence (AI)-powered deep learning software that show people saying and doing things that they didn't say or do. A bench headed by Acting Chief Justice Manmohan observed that technology cannot be "reined in" and the issue raised by the petitioner required deliberations which only the government could undertake. "There is no easy solution. It requires a lot of deliberation. It is a very complicated technology," the bench, also comprising Justice Mini Pushkarna, said. Maintaining that the matter required balancing several factors as there were certain positive uses of the technology, the court added, "It is something that only the government with all its resources can do." The central government counsel said it was public knowledge that the government was

Clear stand on plea against use of officials to highlight work: HC to govt

The plea claimed that it's a political propaganda and that these communications are for the benefit of the ruling party at the Centre

SC already dealt with it: Delhi HC refuses to entertain pleas seeking UCC

The Delhi High Court Friday refused to entertain a batch of petitions seeking a Uniform Civil Code (UCC), saying the Supreme Court has already dealt with the issue and has rejected the pleas. The high court said it cannot direct the legislature to enact a law and referred to an order of the apex court in which it was held that framing of law lies exclusively within the domain of legislature. "The Supreme Court order is clear and categorical. We will not go beyond the Supreme Court order. They (Law Commission) don't need us. They are an authority constituted by the Constitution to do it. They will do it," a bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna said. This prompted lawyer Ashwini Kumar Upadhyay, one of the petitioners, and other petitioners to withdraw their pleas from the high court. The high court noted that the Law Commission is already seized of the issue and if petitioners wish, they can approach the commission with their suggestions. The high court

Delhi High Court closes hearing on drafting and implementation of UCC

The petitions said that the country-wide application of UCC would end multiple personal laws promoting tolerance among various groups across the nation

NCLT has power to decide IBC disputes, not HC: Go First RP to Delhi HC

Kaul also questioned which resolution applicant would be interested in the Corporate Debtor if it's not revived?

Landlords can't be deprived of beneficial enjoyment of property: HC

Landlords cannot be deprived of beneficial enjoyment of their property and are vested with the right to decide how to utilise their possessions, the Delhi High Court said on Wednesday while upholding an order for vacation of tenanted premises. The high court said it is trite law that a tenant cannot dictate to the landlord as to how the property has to be utilised. Landlords cannot be deprived of the beneficial enjoyment of their property. Further, the court is not to sit on the armchair of landlords to dictate as to how the property should be utilised. It is the sole discretion of the landlords to get all the tenanted premises vacated and use as per their need, Justice Jasmeet Singh said. The high court passed the judgement while dismissing a revision petition filed by a tenant challenging a trial court's order of eviction of a shop at Shyama Prasad Mukherjee Marg here. The landlord said he and his son are joint owners of the property, where several shops have been given on rent,

Delhi High Court grants bail to Avtar Singh Kochar in ED, Mcoca case

The Delhi High Court on Wednesday granted bail to Avtar Singh Kochar in the money laundering as well as in the MCOCA case

Ashneer Grover fined Rs 200,000 for defamatory content on BharatPe

The court has directed the fine to be deposited with the Delhi High Court Clerks Association

HC imposes Rs 2 lakh as costs on Ashneer Grover over posts on BharatPe

The Delhi High Court on Tuesday imposed Rs 2 lakh as costs on BharatPe co-founder Ashneer Grover in the matter related to his alleged defamatory social media posts against the fintech company. Justice Rekha Palli took on record the apology and the undertaking given by Grover but proceeded to impose costs on him, saying the "court cannot be taken for granted". The judge, while dealing with a plea by Resilient Innovations Pvt Ltd - which owns BharatPe - against its former MD, said the court was "appalled" to note the "persistent" and "blatant" violation of the earlier orders and assurances given by Grover in this regard. "Taking into account that defendant no 2 is now filing an affidavit specifically undertaking not to post any such defamatory posts in future and is also apologising for his past behaviour, this court is inclined to close the matter at this stage by binding the defendant no 2 to his undertaking. This is, however, subject to a payment of costs of Rs 2 lakh," the court

Delhi HC imposes Rs 2 lakh fine on Ashneer Grover for violating court order

Ashneer Grover tendered an unconditional apology. Though the court accepted the apology, however, it said that it is subject to him paying the costs to Delhi High Court Clerk Association

Centre, Delhi's stand sought on PIL against nursing courses only for women

The Delhi High Court on Tuesday sought the stand of the Centre and city government on a petition challenging provisions allowing only female candidates to apply for admission to B.Sc (Hons) Nursing courses offered by AIIMS, Guru Gobind Singh Indraprastha University and Delhi University. A bench of Acting Chief Justice Mamohan and Justice Mini Pushkarna issued notice on the public interest litigation by the Indian Professional Nurses Association and asked the governments as well as the institutes and Indian Nursing Council to file their replies within four weeks. Advocate Robin Raju, appearing for the petitioner, said the petition challenged the gender-based eligibility and that in view of the shortage of nurses in the country, persons of all genders should be permitted to apply to the course. The plea said the petitioner was a non-governmental registered body working for the welfare of nurses across India and was moving the instant petition to highlight the concern that even today .

PMLA proceedings can't continue for quashed scheduled offences: Delhi HC

Prosecution for money laundering cannot continue for a scheduled offence under an FIR which is compounded and quashed, the Delhi High Court has said. It, however, clarified that the Enforcement Case Information Report (ECIR) by the Enforcement Directorate (ED) in such a case cannot be quashed completely if there is another FIR with respect to the same cause of action to legitimise the existence of the money laundering probe. The high court's order came on a petition by a money laundering accused seeking to quash the ECIR registered against him on the basis of two Delhi Police FIRs in connection with alleged siphoning funds collected by him for the development of a real-estate project. The petitioner said the jurisdictional fact which formed the basis of the ED investigation has now come to an end with the compounding and quashing of the FIRs pursuant to a settlement, and hence, the ECIR and the subsequent proceedings cannot continue any longer. The ED opposed the petition on the ..

Delhi HC asks MCD to allow religious programme at Anand Vihar ISBT

The Delhi High Court Friday directed the MCD to grant permission to a hawkers association to organise a religious programme near the Anand Vihar Inter State Bus Terminus gate, provided the area is available. The high court also noted that the police have already granted a no-objection certificate to petitioner Mahila Hawkers Welfare Association for holding a 'Maa Bhagwati Jagran' -- to be held on Saturday -- on the service road near the 'In' gate of Anand Vihar ISBT. "It is stated by the counsel for the petitioner that they have already received the NOC from the Deputy Commissioner of Police. However, no sanction has been received from the MCD. "In view of the fact that police has already granted permission, in case the area is available, the MCD is directed to grant permission to the petitioner for the said event," Justice Subramonium Prasad said. During the hearing, additional standing counsel Prashant Manchanda, representing the Delhi Police, said permission was already granted

Follow orders if you want to do biz in India: HC to domain name registrars

The Delhi High Court on Friday cautioned domain name registrars (DNRs) against non-compliance of judicial orders and said if they want to do business in India, then they should follow its directions on taking action against those indulging in illegal activities online, or run the risk of being "blocked" by MEITY. A bench headed by Acting Chief Justice Manmohan said DNRs cannot "become instrument of syndicating scams" and called upon them to "remain vigilant" in the face of misuse of known trademarks to register websites to carry out illegal and fraudulent activities. "If you have to do business in India, we will lay guidelines and you have to comply. We will lay down a mechanism.. These (DNRs) people have to comply. We can't allow millions to be cheated. Some serious matter is going on here," said the bench, also comprising Justice Mini Pushkarna. The court observed that there was a huge magnitude of business in the country for DNRs who cannot be allowed to become "scam units". "We