Delhi High Court

71,423 judgments

Year:

Kumagai Skanska HCC Itochu Group v. The Commissioner of Value Added Tax & Anr

26 Apr 2016 · S. Muralidhar; Vibhu Bakhru · 2016:DHC:3181-DB

The Delhi High Court quashed a show-cause notice issued under revisional powers for wrongful deductions, holding that the revisional authority must act independently and not under superior officers' dictation, and that the notice was invalid for lack of specific grounds and prior quashing of reassessment on the same issue.

tax petition_allowed Significant revisionary powers Section 46 Delhi Sales Tax Act Section 74A DVAT Act limitation

Melange & Ors. v. YWCA of India

26 Apr 2016 · Rajiv Sahai Endlaw · 2016:DHC:3221

The Delhi High Court dismissed the appeal against a summary decree for licence fee recovery, holding that the licensee is liable to pay agreed fees despite operational difficulties and that the licensor's legal status was duly established.

civil appeal_dismissed licence agreement Order 37 CPC leave to defend licence fee

Bhawani Shankar v. State NCT of Delhi

26 Apr 2016 · S.P. Garg · 2016:DHC:3179

The Delhi High Court affirmed the appellant's conviction for robbery under Section 392/34 IPC but modified the sentence to the period already served due to the appellant's serious medical condition.

criminal sentence_modified robbery Section 392 IPC common intention sentence modification

Sudarshan Kaur v. Navleen Kaur & Ors.

26 Apr 2016 · Valmiki J. Mehta · 2016:DHC:3184

The Delhi High Court held that in absence of a Will, the deceased's estate devolves equally among mother, widow, and children, passing a preliminary partition decree accordingly.

civil appeal_allowed partition suit intestate succession co-ownership preliminary decree

Premwati & Anr. v. Cholamandalam General Insurance Co. Ltd. & Ors.

26 Apr 2016 · R. K. Gauba · 2016:DHC:3201
Cites 1 · Cited by 0

Delhi High Court enhanced compensation and interest awarded in a motor accident claim for death due to negligent driving, emphasizing adequacy of non-pecuniary damages and just interest rates.

civil appeal_allowed Significant Motor Vehicles Act, 1988 motor accident claim non-pecuniary damages loss of love and affection

The Bullion and Jewellers Association v. Union of India

26 Apr 2016 · S. Muralidhar; Vibhu Bakhru · 2016:DHC:3174-DB
Cites 4 · Cited by 0

The Delhi High Court quashed CBEC Circulars denying preferential customs duty benefits on Indonesian gold jewellery imports for exceeding statutory powers and ignoring procedural safeguards under the India-ASEAN FTA.

administrative petition_allowed Significant Section 151A Customs Act Certificate of Origin India-ASEAN Free Trade Agreement Customs Tariff Origin Rules

M/S CONTINENTAL CARRIERS v. COMMISSIONER OF INCOME TAX, NEW DELHI

26 Apr 2016 · S. Muralidhar; Vibhu BakhrU
Cites 5 · Cited by 0

The Delhi High Court upheld the proportionate apportionment method of expenses for computing foreign income under Section 80-O, rejecting the Assessee's allocation method as distorting profits.

tax appeal_dismissed Significant Section 80-O Income Tax Act deduction computation foreign income apportionment of expenses

Bal Govind Rohtagi v. Vipin Kumar Jain & Anr

26 Apr 2016 · Rajiv Sahai Endlaw · 2016:DHC:3195

The Delhi High Court allowed withdrawal of a landlord-tenant suit dismissed for failure to prove ownership, granting liberty to file a fresh title suit, holding that title is generally irrelevant in eviction suits based solely on tenancy.

civil appeal_allowed Significant landlord-tenant dispute title to property eviction suit withdrawal of suit

Manjeet Kaur v. The State (NCT of Delhi)

26 Apr 2016 · S.P. Garg · 2016:DHC:3177

The Delhi High Court acquitted appellants in a conspiracy and false rape implication case due to insufficient and inconsistent prosecution evidence, emphasizing the benefit of doubt in criminal trials.

criminal appeal_allowed Significant benefit of doubt conspiracy rape false implication

Veermati v. The State (NCT of Delhi)

26 Apr 2016 · S.P. Garg · 2016:DHC:3176

The Delhi High Court allowed the criminal appeal filed by Veermati relying on a detailed common judgment in a related case.

criminal appeal_allowed criminal appeal conviction Delhi High Court common judgment

Shiv Kumar v. State NCT of Delhi

26 Apr 2016 · S.P. Garg · 2016:DHC:3178

The Delhi High Court upheld the conviction of the appellant for attempted rape of a minor based on credible eyewitness testimony despite the victim's inability to testify and delay in FIR lodging.

criminal appeal_dismissed attempt to commit rape minor victim Section 376 IPC Section 511 IPC

Saraswati Robin v. Sumitra Sharma & Anr.

26 Apr 2016 · V.K. Shali · 2016:DHC:3206

The Delhi High Court dismissed the appeal seeking interim injunction to restrain sale of a flat, holding that oral evidence cannot alter the terms of a written Sale Deed under Section 92 of the Indian Evidence Act.

civil appeal_dismissed interim injunction Order 39 Rules 1 & 2 CPC specific performance Sale Deed

Dr. Baldev Raj Anand & Anr. v. Dewan Chand Decd. Thr. LRs & Ors.

26 Apr 2016 · V.K. Shali · 2016:DHC:3208

The Delhi High Court dismissed appeals challenging a partition decree, holding appellants entitled only to shares in half the property owned by their father as per registered sale deed, and directed auction of the property with proceeds divided accordingly.

civil appeal_dismissed partition suit registered sale deed Section 17(b) Registration Act Section 34 Specific Relief Act

Shiv Sahni v. Isherdas Sahni & Brothers & Ors.

25 Apr 2016 · Valmiki J. Mehta · 2016:DHC:3151

The Delhi High Court held that a Will of a deceased party cannot be taken on record in a pending suit without prior application for representation of the deceased's estate under Order 22 Rule 4/10 CPC, setting aside the premature admission of such Will.

civil appeal_allowed Significant Order 22 Rule 4 CPC Order 22 Rule 10 CPC Will Representation of estate

MAGNAQUEST TECHNOLOGIES LTD. v. TRIPLEPLAY INTERACTIVE NETWORK PVT. LTD.

25 Apr 2016 · Manmohan Singh · 2016:DHC:8316

The Delhi High Court appointed a sole arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996, allowing parties to file claims and counter-claims and directing arbitration under DIAC with compliance to the 2015 Amendment Act.

civil petition_allowed Arbitration and Conciliation Act, 1996 Section 11(5) Section 11(6) appointment of arbitrator

M/S D GROUP INTERNATIONAL PVT LIMITED AND ORS v. M/S PRIDHVI ASSET RECONSTRUCTION AND SECURITIZATION COMPANY LTD

25 Apr 2016 · Pradeep Nandrajog; Mukta Gupta · 2016:DHC:3152-DB

The Delhi High Court quashed a laconic DRAT order for failure to record reasoned findings on the date of NPA declaration and restored the appeal for fresh adjudication based on evidence.

civil appeal_restored Significant SARFAESI Act Non Performing Asset Debts Recovery Tribunal Debts Recovery Appellate Tribunal

SGR Technical & Educational Society v. The Press Council of India & Ors.

25 Apr 2016 · Rajiv Sahai Endlaw · 2016:DHC:3150

The Delhi High Court dismissed the writ petition challenging the advertisement embargo imposed by the Indian Newspaper Society, holding that the Press Council of India lacks jurisdiction over INS and that writ remedy is not available against INS.

administrative petition_dismissed Significant Indian Newspaper Society Press Council of India advertisement embargo writ jurisdiction

Vijay Singh Kadan v. Chief Commissioner of Income Tax & Anr

25 Apr 2016 · S. Muralidhar; Vibhu BakhrU · 2016:DHC:3149-DB

The Delhi High Court held that the Income Tax Department must give prior written notice and hearing before adjusting tax refunds against disputed demands, and ordered immediate release of withheld refund with interest.

tax petition_allowed Significant Section 245 Income Tax Act refund adjustment prior intimation opportunity of hearing

ZEE NEWS LTD v. STATE

25 Apr 2016 · VIPIN SANGHI · 2016:DHC:3148
Cites 2 · Cited by 0

The Delhi High Court held that Section 210 Cr.P.C. applies only at inquiry or trial stage when offences in complaint and FIR are substantially the same, and dismissed petitions seeking stay and transfer as premature and lacking jurisdiction.

criminal appeal_dismissed Significant Section 210 Cr.P.C. complaint case FIR same transaction

ZEE NEWS LTD v. STATE

25 Apr 2016 · VIPIN SANGHI · 2016:DHC:3147
Cites 1 · Cited by 0

The Delhi High Court held that applications under Section 210 and 407 Cr.P.C. are not maintainable before summons or process is issued, and dismissed petitions seeking stay and transfer of complaint and FIR cases pending at preliminary stages.

criminal appeal_dismissed Significant Section 210 Cr.P.C. complaint case FIR joint trial