3 years, 3 months ago

Delhi HC Concerned Over Execution Of Eviction Orders Under Senior Citizens Rules Before Expiry Of Limitation To File Appeal, Calls For Directions

Live Law

The Delhi High Court has asked the Principal Secretary of the Delhi Government to issue appropriate directions in matters where eviction orders passed under Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 are sought to be executed even before expiry of the limitation period to file statutory appeal. Justice Rekha Palli, who was of the view that the Court was coming across many such cases, directed that a copy of the said order be sent to the Principal Secretary to enable him to issue appropriate directions. While issuing notice on the petition, the Court took note of the fact that Advocate Shobhana Takiar appearing for the Delhi Government was not in a position to deny that under the Senior Citizens Rules, 2009, the petitioner was in fact entitled to file an appeal against the eviction order passed by the District Magistrate within sixty days, which was yet to expire. However, the Court went ahead to grant interim relief to the petitioner by staying the impugned order and ordered thus: "Grave and irreparable prejudice will be caused to the petitioner if she alongwith her children is forcibly dispossessed from the subject premises, even before her appeal being taken up for consideration.

Delhi Appeal Court Order File Principal Petitioner Her Appeal Statutory Appeal Senior Citizens Rules Eviction Orders order expiry appeal directions file delhi petitioner orders limitation sought execution rules statutory eviction senior hc impugned court passed

History of this topic

2 weeks ago

Delhi HC admits appeal against order acquitting man in 1984 anti-Sikh riots case

Hindustan Times

The Delhi high court on Monday admitted an appeal filed by the Delhi police against a city court’s 2022 order acquitting an individual in connection with a case stemming from the 1984 anti-Sikh riots. The court admitted the appeal filed in 2023, days after it had refused to accept the Delhi police’s appeal against the 30-year old city court’s order …

2 weeks ago

Supreme Court Issues Contempt Notice To Delhi Home Secretary Over False Statement On Placing SRB Recommendations Before LG

Live Law

The Supreme Court recently summoned the Home Department Secretary of the Delhi Government seeking an explanation and calling upon him to show cause why contempt action should not be initiated for the State Government's “completely false” claim that the recommendations of the Sentence Review Board in a remission matter were placed before the Lieutenant Governor. On 7th February, 2025, the …

2 weeks, 3 days ago

Not Coherent: Delhi HC Uphold's Dismissal Of Woman's Complaint Claiming She Survived 25 Gunshots Using Ayurvedic Medicines, Without Surgery

Live Law

The Delhi High Court has upheld the dismissal of a woman's complaint who claimed that she survived about 25 gunshot wounds in her head and heart using ayurvedic medicines without surgery or going to the hospital. Justice Anup Jairam Bhambhani upheld a trial court order dismissing the woman's criminal revision petition against a magisterial order dismissing her complaint and also …

2 weeks, 3 days ago

Not Coherent: Delhi HC Uphold's Dismissal Of Woman's Complaint Claiming She Survived 25 Gunshots Using Ayurvedic Medicines, Without Surgery

Live Law

The Delhi High Court has upheld the dismissal of a woman's complaint who claimed that she survived about 25 gunshot wounds in her head and heart using ayurvedic medicines without surgery or going to the hospital.Justice Anup Jairam Bhambhani upheld a trial court order dismissing the woman's criminal revision petition against a magisterial order dismissing her complaint and also declining …

2 weeks, 6 days ago

Delhi HC junks plea against 30-year-old order acquitting 16 in 1984 riots case

Hindustan Times

The Delhi high court has refused to accept an appeal put forward by the Delhi Police against a 30-year-old city court’s order to acquit 16 people in connection with a case stemming from the 1984 anti-Sikh riots. While this court is conscious of the large-scale quantum of human lives and property during the 1984 riots, after having seen the quantum …

2 weeks, 6 days ago

Appeals U/S 19 Of Contempt Of Court Act Can Only Be Against Order Imposing Punishment, Framing Of Charges Not Appealable: Kerala High Court

Live Law

The Kerala High Court observed that an appeal under Section 19 of the Contempt of Court Act will lie only in cases when the order is connected and incidental to the order of punishment for contempt. “Hence, the scheme of Section 19 of the Contempt of Courts Act, 1971, the Rules framed thereunder, and the decisions of the Apex Court, …

3 weeks, 3 days ago

[S.292B Income Tax Act] Inadvertent Mistakes In Reassessment Can Be Saved But Assessment Order Overlooking Apparent Error Cannot: Delhi HC

Live Law

The Delhi High Court has made it clear that Section 292B of the Income Tax Act, 1961 cannot be used to save an assessment order passed by overlooking errors apparent on face of the record. A division bench of Chief Justice Devender Kumar Upadhyay and Justice Tushar Rao Gedela said while the provision would save reassessment notice which inadvertently furnished …

3 weeks, 3 days ago

BJP-Led Delhi Govt Withdraws Plea Filed By AAP-Govt In Supreme Court Against Direction To Sign MoU With Centre On PM-ABHIM

Live Law

After coming to power in the national capital, the Bhartiya Janata Party-led Delhi government today withdrew from Supreme Court a case filed by erstwhile Aam Aadmi Party-led government against Delhi High Court's direction to the previous government to sign a Memorandum of Understanding with the Centre on implementation of PM-Ayushman Bharat Health Infrastructure Mission. After coming to power in the …

1 month, 1 week ago

Section 36 Of Arbitration Act As Amended Applies To Pre-Amendment S.34 Applications: Allahabad High Court Reiterates

Live Law

The Allahabad High Court bench of Justice Piyush Agrawal, placing reliance upon the judgment of the Supreme Court in Board of Control for Cricket in India vs. Kochi Cricket Private Limited & Others, held that the amended Section 36 of the Arbitration and Conciliation Act, 1996 applies prospectively to court proceedings initiated on or after the date of commencement of …

1 month, 3 weeks ago

Interim Orders Affecting Substantial Rights Of Parties And Causing Prejudice Are Appealable While Writ Petition Is Pending: Kerala HC

Live Law

The Kerala High Court has reiterated that interim orders that affect the substantial rights and liabilities of the parties and cause significant prejudice, are appealable during the pendency of the writ petition under Section 5 of the Kerala High Court Act, 1958. Such an order, touching upon the substantial rights and liabilities of the parties and causing substantial prejudice to …

1 month, 3 weeks ago

Delhi High Court clears public servant in negligence case, cites belated sanction

India Today

Sanction has to be obtained by the prosecuting agency before a court takes cognisance and any subsequent sanction would be futile, the Delhi High Court held recently. Justice Neena Krishna Bansal passed the order in a case where a belated sanction was accorded for prosecution of public servants -- the petitioner, an MCD school principal, and a junior engineer contractor …

2 months ago

Briefing Standing Counsel, Obtaining Approvals From Officials Not 'Sufficient Cause' For Condoning Delay In Filing Appeal: Delhi High Court

Live Law

While rejecting an appeal moved by Delhi Government's Directorate of Education, the Delhi High Court has ruled that obtaining approvals from officials of its departments and briefing the standing counsel are not “sufficient cause” for application of condonation of delay under Section 5 of the Limitation Act. “In any event, in our considered view the aforesaid plea taken by the …

2 months ago

Delhi HC Rejects Income Tax Director's Appeal U/S 19 Contempt Of Courts Act, Says Appeal Maintainable Only If Order Imposes Punishment

Live Law

The Delhi High Court has dismissed the appeal preferred by a Director of Income Tax under Section 19 of the Contempt of Courts Act, 1971. A division bench of Justices Chandra Dhari Singh and Manoj Jain observed that in the absence of the contempt court recording a finding of guilt or imposing a punishment, the appeal preferred under Section 19 …

2 months, 1 week ago

Supreme Court Grants Interim Protection To Ex-IAS Officer Puja Khedkar, Issues Notice On Anticipatory Bail Plea

Live Law

The Supreme Court today issued notice on the anticipatory bail plea of ex-IAS probationary officer Puja Khedkar, who is accused of “misrepresenting and falsifying facts" in her application for Union Public Service Commission Civil Services Examination, 2022. However, Senior Advocate Siddharth Luthra pointed out that the Delhi High Court has given very strong findings in the impugned order, indicting Khedkar …

2 months, 1 week ago

Interim Maintenance Order Can Be Granted Merely On Satisfaction That Wife's Application Prima Facie Discloses Domestic Violence: Delhi High Court

Live Law

The Delhi High Court has recently observed that an order for interim maintenance can be granted merely upon the satisfaction of the Court that the application by the wife prima facie disclosed the commission of domestic violence. “While the veracity of the case of the wife would be tested during the course of trial, interim relief can be granted merely …

2 months, 1 week ago

'Punishment Is Not Disproportionate When Officer Displays Negligent And Irresponsible Conduct', Delhi High Court

Live Law

A Division Bench of the Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur dismissed a Petition challenging an order of punishment awarded to the Petitioner for being irresponsible while supervising an area he was assigned. The Disciplinary Authority issued an Order on 21.11.2014 and a punishment of reduction of salary by three stages for three years with cumulative …

2 months, 1 week ago

Single-Judge Allowing Withdrawal With Liberty To Revive Contempt Plea During Pendency Of Appeal Is Unnecessary Intrusion In Appellate Jurisdiction: P&H HC

Live Law

The Punjab & Haryana High Court has said that single judge passing order allowing to withdraw the contempt plea with liberty to revive it during the pendency of appeal is unnecessary intrusion into the appellate jurisdiction. Justice Sureshwar Thakur and Justice Sudeepti Sharma said the passing of the order by the single bench "is unnecessarily intrudes into the exercise of …

2 months, 2 weeks ago

Consumer Commissions Have Inherent Power To Stay Execution Of Order Under Challenge On Appellant's Application: Kerala High Court

Live Law

The Kerala High Court observed that though, under the Consumer Protection Act, there is no provision to stay the execution of an order passed by the District or State Commission, the Commissions possess inherent power to stay the same. Entertainment of an appeal and stay of proceeding pursuant to order impugned in the appeal stands at different footings, at two …

2 months, 2 weeks ago

Commissioner Cannot Use Its Power U/S 107(2) CGST Act To Review Order Passed By Appellate Authority: Delhi High Court

Live Law

The Delhi High Court has made it clear that a Commissioner under the Central Goods and Services Tax Act 2017 cannot, in purported exercise of its powers under Section 107, sit in appeal over an order passed by the Appellate Authority. A division bench of Justices Yashwant Varma and Dharmesh Sharma ruled, “The Commissioner, while seeking to review an order …

2 months, 3 weeks ago

Delay In Filing Certified Copy Of Impugned Order Doesn't Render Appeal Filed Electronically U/S 107 CGST Act Time-Barred: Delhi HC

Live Law

The Delhi High Court has held that delay in filing certified copy of impugned order in an appeal preferred by Assessee under Section 107 of the Central Goods and Services Tax Act, 2017 would not render the appeal time-barred, if it was filed online within prescribed time. Thereafter, under Rule 108 of CGST Rules, certified copy of the decision could …

Delhi HC refuses to intervene in order for revision in CLAT-2025 result

Trending News

3 months ago

Delhi HC refuses to intervene in order for revision in CLAT-2025 result

The Hindu

The Delhi High Court on Tuesday refused to intervene in an order directing the Consortium of National Law Universities to revise the result of CLAT-2025 over errors in the answer key. A Bench comprising Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela while dealing with an appeal by the consortium against the decision of a High Court single …

3 months ago

Delhi High Court Slaps ₹1 Lakh Cost On Litigant For Filing Contempt Plea Against CCI To Stall Authority's Ongoing Investigation Against It

Live Law

The Delhi High Court has imposed a cost of Rs. In reality, while the petitioner ostensibly seeks contempt proceedings, it is attempting to secure a judicial review of the investigation methodology through the back door, which cannot be entertained.” Background: The petitioner-company, Forech India Pvt Ltd, was investigated by the CCI regarding alleged existence of a bid-rigging cartel in the …

3 months ago

While Eviction Under Senior Citizens Act Is Subject To Outcome Of Pending Suit, Protection Offered To Elders Shouldn't Be Defeated: Allahabad HC

Live Law

The Allahabad High Court has held that an order of eviction sought under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 would be subject to the outcome of a suit pertaining to larger issues between the family members, if such suit is filed prior to the application made for eviction under the Act of 2007. a daughter-in-law …

3 months, 1 week ago

Court Can Quash SCNs And Proceedings Under GST Act, Customs Act Or Finance Act On Ground Of Inordinate Delay In Adjudication: Delhi HC

Live Law

The Delhi High Court has made it clear that Show Cause Notices and adjudication proceedings under the Customs Act, 1962, the Finance Act, 1994 or the Central Goods and Services Tax, 2017 cannot be kept pending for years. Court said the phrase cannot be construed as a free-pass and “Ultimately it is incumbent upon the authority to establish that it …

4 months ago

Rajasthan High Court Impleads Then Jodhpur Collector, SDO, Tehsildar In Encroachment Case; Warns Of Jail Sentence If Orders Aren't Followed

Live Law

In a contempt matter concerning encroachment of land, the Jodhpur bench of the Rajasthan High Court directed the petitioner to implead the then concerned Collector, Sub-divisional Officer and Tehsildar to seek their stand, warning them of punishment including "jail sentence" if they don't pay heed to court orders. The division bench of Chief Justice Manindra Mohan Shrivastava and Justice Munnuri …

4 months ago

Delhi HC stays order setting aside discharge of Gambhir in cheating case

Deccan Chronicle

New Delhi: The Delhi High Court on Monday stayed an order which had set aside the discharge of former cricketer and current head coach of the Indian cricket team Gautam Gambhir and others in a case in which home buyers were reportedly cheated. Justice Manoj Kumar Ohri passed the interim order and sought the response of the Delhi government on …

4 months, 1 week ago

Certified Copy Not Necessary To File GST Appeal, Order Downloaded From Site Enough: Gujarat High Court

Live Law

Quashing an order of the tax authority which rejected a GST Appeal due to non-submission of a certified copy, the Gujarat High Court said that when an appealed order is available on a common portal and can be directly accessed by the Appellate Authority, there should be no need to submit a “certified copy” to confirm its authenticity. At the …

4 months, 3 weeks ago

Employee Can Join New Employer After Previous Employer Rejects Offer

Live Law

A single judge bench of the Delhi High Court has ruled that an employer cannot deny an appointment to an employee who has already been relieved by the previous employer. The court held that the employee's failure to provide a relieving letter within the stipulated time period was the sole reason for the revocation of his appointment. The court allowed …

4 months, 3 weeks ago

Employee Can Join New Employer After Previous Employer Releases Him

Live Law

A single judge bench of the Delhi High Court has ruled that an employer cannot deny an appointment to an employee who has already been relieved by the previous employer. The court held that the only reason for revoking the joining of the employee was that he was unable to furnish a relieving letter from BVFCL, as per the undertaking …

4 months, 3 weeks ago

Delhi HC Expunges Comments Against ED, But Ruling Remains Unclear

Live Law

The Delhi High Court has expunged certain remarks made by a Special Judge (PC Act) against the Directorate of Enforcement (ED) and its Assistant Director. The remarks were made in an order dated 05.10.2024, where the Special Judge stated that the ED failed to take coercive action against the absconding accused and indicated foul play. The High Court observed that …

5 months ago

High Court Allows Review Petition, Recalls Direction to Respondents to Appoint Petitioner Due to Low Merit

Live Law

The Delhi High Court allows a Review Petition filed by the Respondents seeking review of its order directing the Respondent to recall the appointment of a candidate. The Court held that the Respondent was required to issue an appointment letter to the Petitioner as per his respective merit in the respective LDCE, even though the Petitioner was not informed of …

6 months, 1 week ago

Delhi HC halts final order on charges in 2020 riots case amid plea for evidence access

New Indian Express

NEW DELHI: The Delhi High Court on Thursday directed the trial court not to issue a final order on framing charges in the alleged larger conspiracy behind the 2020 northeast Delhi riots till September 23. The order came in response to a plea by Devangana Kalita, one of the accused, seeking access to certain videos and WhatsApp chats that she …

6 months, 1 week ago

2020 Delhi riots case: HC asks trial court not to pass order on charges till Sep 23

Hindustan Times

New Delhi, The Delhi High Court on Thursday asked the trial court not to pass a final order on framing of charges till September 23 in connection with the case of alleged larger conspiracy behind the 2020 northeast Delhi riots. 2020 Delhi riots case: HC asks trial court not to pass order on charges till Sep 23 The high court’s …

8 months ago

Petitions U/S 482 CrPC Filed With Delay Or To Overcome Expired Limitation Of Alternate Remedy Cannot Be Entertained: Delhi High Court

Live Law

The Delhi High Court has observed that failure to avail alternate remedy on the ground of ongoing settlement process is not a reason for the court to exercise its discretionary power to quash the complaint cases. where it is filed with unexplained delay and laches and in the meantime, the trial has proceeded.” It referred to the Supreme Court case …

8 months, 2 weeks ago

Delhi court seeks ED response on Amanatullah Khan’s revision petition

Hindustan Times

A Delhi court has sought a response from the Enforcement Directorate on a revision petition filed by Aam Aadmi Party legislator Amanatullah Khan, challenging the summons issued to him by a magistrate court in connection with a money laundering case related to the alleged irregularities in the Delhi Waqf Board. Amanatullah Khan, the Okhla MLA, had moved a petition seeking …

9 months, 3 weeks ago

BJP Moves Supreme Court Against Calcutta HC Order On Poll Advertisements MCC TMC West Bengal Lok Sabha Elections 2024 May 27 Hearing

ABP News

New Delhi, May 24 The BJP moved the Supreme Court on Friday, challenging a Calcutta High Court order that has refused to interfere with a single-judge ruling restraining the party from issuing The matter was mentioned for urgent listing before a vacation bench of Justice Bela M Trivedi and Justice Pankaj Mithal. On May 22, a division bench of the …

10 months, 2 weeks ago

Ambiguities In Uploading Of NCLT Orders, Requirement Of Enclosing Certified Copies With Appeal : Supreme Court Seeks IBBI Clarification

Live Law

The Supreme Court issued notice to the Insolvency and Bankruptcy Board of India, inter-alia, on the requirement to obtain a certified copy of the order and attach the same with the appeal. The Bench of Justices Sanjiv Khanna and Dipankar Datta has issued notice considering that there is “considerable ambiguity” in certain issues concerning the service of the orders passed …

11 months, 3 weeks ago

DRT | Effect & Operation Of Any Interim Order Passed Is Wiped Out At The Passing Of Final Order: Allahabad High Court

Live Law

The Allahabad High Court held that the effect and operation of any interim order passed is wiped out at the passing of the final order. The bench comprising Justice Piyush Agrawal held that “once an appeal was dismissed as withdrawn, the interim order, if any, passed thereon automatically merges with the final order.” The Court relied on State of U.P. …

11 months, 3 weeks ago

Orders Passed By Tribunals Under Senior Citizens Act Also Amenable To Challenge Under Article 227: Delhi High Court

Live Law

The Delhi High Court has observed that the orders passed by the tribunals under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, are also separately amenable to challenge under Article 227 of the Constitution of India.A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora relied upon various judgments on the issue and …

1 year, 1 month ago

Interim Maintenance Order U/S 24 Hindu Marriage Act Not Interlocutory, Appealable U/S 19 Family Courts Act: Punjab & Haryana High Court

Live Law

The Punjab & Haryana High Court has made it clear that pendente lite maintenance passed by Family Court under Section 24 of Hindu Marriage Act, 1955 is amenable to an appeal before High Court under Section 19 of the Family Courts Act.For context as per Section 19 of the Family Court, an appeal shall lie from every judgment or order, …

1 year, 3 months ago

Person Can't Be Summoned For Non-Compliance Of Maintenance Order Under Section 31 Of Domestic Violence Act: Delhi High Court

Live Law

The Delhi High Court has ruled that a person cannot be summoned under Section 31 of the Protection of Women from Domestic Violence Act, 2005, for non-compliance of an order for payment of maintenance. Justice Swarana Kanta Sharma observed that the focus of the enactment is on providing immediate and effective relief to victims of domestic violence by way of …

1 year, 3 months ago

Court Cannot Admit An Application To Modify The Final Order Passed Under Section 34 Of The A&C Act: Delhi High Court

Live Law

The High Court of Delhi has held that once a petition under Section 34 of the A&C Act has been disposed of by a final order, the Court cannot admit an application seeking to modify such an order. The bench of Justices Yashwant Varma and Ravinder Dudeja set aside an order of the Court wherein the Court had, upon the …

1 year, 4 months ago

LG's Order Terminating Services Of Consultants Can Be Challenged In Delhi HC : Supreme Court Clarifies Order Refusing To Stay Services Ordinance

Live Law

The Supreme Court on Monday clarified that it had not dealt with the legality of the Delhi Lieutenant Governor's order as per which appointments of more than 400 private persons as advisers, fellows, and consultants by the Aam Aadmi Party government were terminated and the issue could be decided by the Delhi High Court.The matter arose when a bench comprising …

1 year, 5 months ago

NCLAT New Delhi: Limitation To File Appeal Commences On The Order Pronouncement Date And Not When Aggrieved Party Becomes Aware Of Its Content

Live Law

The National Company Law Appellate Tribunal, Principal Bench, New Delhi comprising of Justice Ashok Bhushan, Barun Mitra, and Arun Baroka, dismissed the two applications filed in Raiyan Hotels and Resorts Pvt. The Appellate Tribunal held that the Limitation for filing of the Appeal does not commence on the date when the Appellant became aware of the contents but it shall …

1 year, 5 months ago

Breaking | Delhi High Court Allows AAP MP Raghav Chadha’s Appeal Against Order Paving Way For His Eviction From Govt Bungalow

Live Law

The Delhi High Court on Tuesday allowed the appeal moved by Aam Aadmi Party MP Raghav Chadha challenging the trial court order which granted nod and paved way for the Rajya Sabha Secretariat to evict him from a government bungalow.Justice Anup Jairam Bhambhani had reserved the order last week after hearing Senior Advocate Abhishek Manu Singhvi appearing for Chadha and …

1 year, 5 months ago

PMLA | Freezing Order Under Section 17(1-A) Not Valid If ECIR Quashed & FIR Not Registered: Kerala High Court

Live Law

The Kerala High Court recently laid down that where the Enforcement Case Information Report has been quashed and no subsequent FIR has been registered against the accused, further proceedings under the Prevention of Money Laundering Act shall be dropped and an order issued under Section 17 would not stand. The counsel argued that since Section 420 IPC is one of …

1 year, 6 months ago

Delhi HC seeks Centre’s stand on Ashok Swain’s plea against cancellation of OCI card

The Hindu

The Delhi High Court on Monday asked the Centre to respond to a plea by academician Ashok Swain challenging an order by which his Overseas Citizenship of India card was cancelled. Mr. Swain, a resident of Sweden and Professor and head of department at the Department of Peace and Conflict Research, Uppsala University, approached the Delhi High Court against the …

1 year, 6 months ago

Supreme Court Adjourns Brinda Karat's Plea For FIRs Against Anurag Thakur & Parvesh Verma For Alleged Hate Speech

Live Law

Today's hearing was adjourned at the behest of Delhi police, despite the petitioners opposing the request. Background Communist Party of India leaders Brinda Karat and KM Tiwari approached the Delhi High Court in a criminal writ petition after a trial court refused to accept their plea for registration of first information reports against the BJP leaders. In August 2020, a …

1 year, 8 months ago

Mere Pendency Of An Appeal Would Not Detract From The Excise Duty Refund Demand: Delhi High Court

Live Law

The Delhi High Court has held that the mere pendency of an appeal or an order of stay that may operate would not detract from the obligation of any person claiming a refund to make an application within the period prescribed and computed with reference to the "relevant date". The Central Excise Department asserted that, in light of the plain …

1 year, 8 months ago

Arbitration Cases Weekly Round-Up: 10 July To 16 July 2023

Live Law

Supreme Court: Can Ineligible Person Appoint Arbitrator? High Courts: Delhi High Court: “Counter-Balancing” Not Achieved When 2/3rd Members Of The Arbitral Tribunal To Be Appointed By One Party: Delhi High Court Case Title: Margo Networks Pvt Ltd & Anr vs. Railtel Corporation of India Ltd The Delhi High Court has ruled that where a party is required to appoint an …

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