CIC Must Record Reason While Reversing Orders Of Lower Authorities: Delhi HC [Read Judgment]
8 years, 4 months ago

CIC Must Record Reason While Reversing Orders Of Lower Authorities: Delhi HC [Read Judgment]

Live Law  

The Delhi High Court has quashed an order passed by the Central Information Commissioner and stated that while reversing orders of lower authorities, the CIC must record appropriate reasons for the decision.Justice Sanjeev Sachdeva allowed the writ petition against CIC order dated 04.06.2015, and observed, ‘In the present case, there is no finding returned by the Central Information. The Delhi High Court has quashed an order passed by the Central Information Commissioner and stated that while reversing orders of lower authorities, the CIC must record appropriate reasons for the decision. Justice Sanjeev Sachdeva allowed the writ petition against CIC order dated 04.06.2015, and observed, ‘In the present case, there is no finding returned by the Central Information Commission that there is a larger public interest which justices the disclosure of the information, in fact, there is no reasoning or rationing accorded in the impugned order except to direct the petitioner to furnish the information.’ The petitioner had challenged CIC order that directed him to provide information sought by an RTI applicant. There is no reasoning given by the Central Information Commission in the order as to the errors committed by the CPIO as well as the First Appellate Authority,” stated the court.

Delhi Information Order Central Cic Cic Order Lower Authorities  information  returned  orders  reversing  delhi  record  finding  cic  petitioner  central  provide  lower  reason  judgment  read  stated  hc  sought  order

History of this topic

Delhi High Court Upholds Trial Court Order Allowing Accused's Plea To Preserve Call Detail Records, Location Data Of CBI Officers
3 weeks, 3 days ago

Delhi High Court Upholds Trial Court Order Allowing Accused's Plea To Preserve Call Detail Records, Location Data Of CBI Officers

Live Law  

The Delhi High Court has observed that a Trial Court's order allowing the application of an accused for preservation of Call Detail Records and location data of CBI officers and independent witnesses is an 'interlocutory order' and thus a revision petition under Section 397 CrPC challenging the order is not applicable. It argued that the Trial Court's order prejudiced the …

DGP must share details of Investigation Officer in SC/ST cases with victims: T.N. Information Commission
3 weeks, 6 days ago

DGP must share details of Investigation Officer in SC/ST cases with victims: T.N. Information Commission

The Hindu  

The Tamil Nadu Information Commission has directed the Director-General of Police /Head of Police Force, Tamil Nadu, to share the details of the Investigation Officer appointed in Scheduled Castes and the Scheduled Tribes Act, 1989, cases with the victims. Karl Marx Siddharthar of Chennai, State Chief Information Commissioner M. Shakeel Akhter directed the DGP to issue a circular to all …

Karnataka High Court Reserves Order On Interim Plea To Stay Notification Appointing State CIC, Information Commissioners
1 month, 1 week ago

Karnataka High Court Reserves Order On Interim Plea To Stay Notification Appointing State CIC, Information Commissioners

Live Law  

The Karnataka High Court on Tuesday reserved its order on the interim prayer seeking to stay the operation of the notification dated January 30, issued by the State Government, appointing State Chief Information Commissioner and Information Commissioners. Justice R Devdas heard the parties and reserved its order on the petition filed by K Mallikarjuna Raju, it said “Heard reserved for …

Investigating officers to be present for Delhi riots case hearings: court
1 month, 1 week ago

Investigating officers to be present for Delhi riots case hearings: court

The Hindu  

A Delhi court recently directed the Deputy Commissioners of Police of the areas affected by the north-east Delhi riots to apprise Investigating Officers, dealing with cases related to the incident, about an older order that asks them to be present in court during the arguments and submission of charges in the matters. Additional Sessions Judge Pulastya Pramachala of the Karkardooma …

Supreme Court rules against directing legislature on law enactment
1 month, 2 weeks ago

Supreme Court rules against directing legislature on law enactment

Hindustan Times  

The Supreme Court on Friday said the courts could not direct the legislature to enact a law in a particular manner. In a writ jurisdiction, neither the high courts nor the Supreme Court can direct the legislature to enact a law in a particular manner," the bench said, while refusing to hear the plea. The petitioner's counsel said Section 230 …

Info Requiring Analysis Of Legal Proceedings Outside Purview Of RTI Act: Delhi HC Quashes Order To Inform On Ex-Parte Injunctions Given By ADJ
Trending News
1 month, 3 weeks ago

Info Requiring Analysis Of Legal Proceedings Outside Purview Of RTI Act: Delhi HC Quashes Order To Inform On Ex-Parte Injunctions Given By ADJ

Live Law  

Setting aside CIC's order directing Patiala House Court PIO to furnish information on the number of cases in which a judge granted ex-parte injunction in relation to cases represented by a particular advocate and in suits filed by a particular company, the Delhi High Court observed such queries require an analysis of the relevant judicial proceedings.It further said that such …

Info Requiring Analysis Of Legal Proceedings Outside Purview Of RTI Act: Delhi HC Quashes Order To Inform On Ex-Parte Injunctions Given By ADJ
Trending News
1 month, 3 weeks ago

Info Requiring Analysis Of Legal Proceedings Outside Purview Of RTI Act: Delhi HC Quashes Order To Inform On Ex-Parte Injunctions Given By ADJ

Live Law  

Setting aside CIC's order directing Patiala House Court PIO to furnish information on the number of cases in which a judge granted ex-parte injunction in relation to cases represented by a particular advocate and in suits filed by a particular company, the Delhi High Court observed such queries require an analysis of the relevant judicial proceedings.It further said that such …

Delhi High Court Asks CIC To Decide If 'Ram Janmbhoomi Teerth Kshetra' Trust Is Public Authority Under RTI Act
1 month, 3 weeks ago

Delhi High Court Asks CIC To Decide If 'Ram Janmbhoomi Teerth Kshetra' Trust Is Public Authority Under RTI Act

Live Law  

The Delhi High Court has directed the Central Information Commission to decide whether “Shri Ram Janmbhoomi Teerth Kshetra” trust is a public authority under Section 2 of the Right to Information Act, 2005.Justice Sanjeev Narula directed the CIC to decide the question after affording opportunity of hearing to the RTI applicant Neeraj Sharma as well as the Public Information. The …

Withdrawal Of Liquidation Application Can Be Permitted When CoC Allows RP To File Application Seeking Extension Of CIRP Time Period: NCLAT
2 months ago

Withdrawal Of Liquidation Application Can Be Permitted When CoC Allows RP To File Application Seeking Extension Of CIRP Time Period: NCLAT

Live Law  

The NCLAT New Delhi bench of Justice Ashok Bhushan, Mr. Barun Mita and Mr. Arun Baroka has held that when the CoC has already taken decision to file an application for extension of CIRP time period and granting permission to publish Form G for third time, withdrawal of liquidation application by Adjudicating Authority can be permitted. The Adjudicating Authority dismissed …

RTI Act's purpose not to satisfy curiosity: Delhi University in PM's degree row
2 months, 2 weeks ago

RTI Act's purpose not to satisfy curiosity: Delhi University in PM's degree row

India Today  

The University of Delhi on Monday said the purpose of RTI was not to satiate a third party's curiosity as it challenged the central information commission's order over disclosure of information on Prime Minister Narendra Modi's degree. Appearing before Delhi High Court's Justice Sachin Datta, solicitor general Tushar Mehta said students' information was held by a university in a "fiduciary …

[PM Modi Degree Row] 'RTI Act's Purpose Not To Satisfy Someone's Curiosity': DU Tells Delhi High Court
Trending News
2 months, 2 weeks ago

[PM Modi Degree Row] 'RTI Act's Purpose Not To Satisfy Someone's Curiosity': DU Tells Delhi High Court

Live Law  

In the case related to Prime Minister Narendra Modi's academic degree, the Delhi University on Monday told the Delhi High Court that the purpose of Right to Information Act is not to satisfy someone's curiosity. The Court was hearing DU's plea filed in 2017 challenging an order of the Central Information Commission directing it to allow inspection of records of …

For enforcing RTI, High Courts come under the jurisdiction of Central and not State Information Commission
2 months, 3 weeks ago

For enforcing RTI, High Courts come under the jurisdiction of Central and not State Information Commission

The Hindu  

In a significant order, the Central Information Commission has ruled that all the High Courts, as public authorities under the Right to Information Act, 2005, will fall within the jurisdiction of the Central Information Commission and not the State Information Commission. Jurisdiction issue The CPIO went on to say that the Central Information Commission lacked jurisdiction in the matter and …

Resolution Applicant Whose Plan Was Rejected By CoC Can Participate In Freshly Issued Invitation For Expression Of Interest: NCLAT
2 months, 3 weeks ago

Resolution Applicant Whose Plan Was Rejected By CoC Can Participate In Freshly Issued Invitation For Expression Of Interest: NCLAT

Live Law  

The NCLAT New Delhi Bench of Justice Ashok Bhushan and Mr. Barun Mitra has held that once resolution plan including revised plan submitted by the resolution applicant is disapproved by the CoC, a fresh plan can be submitted by the same resolution applicant in a freshly issued invitation to expression of interest. IA No.1891 of 2024 was filed by the …

Commissioner Cannot Use Its Power U/S 107(2) CGST Act To Review Order Passed By Appellate Authority: Delhi High Court
2 months, 3 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 …

Gujarat HC Calls For Explanation From Judicial Officer Over 'Serious Allegations' On Conduct While Hearing Cheating Case
3 months ago

Gujarat HC Calls For Explanation From Judicial Officer Over 'Serious Allegations' On Conduct While Hearing Cheating Case

Live Law  

The Gujarat High Court on Monday called for a detailed explanation from a judicial officer–of the rank of a sessions judge, after "prima facie" taking note of a plea making "serious allegations" about the officer's conduct while hearing proceedings in a forgery and cheating case. The order was passed in a plea wherein the petitioner had sought transfer of proceedings …

Orders Issued U/S 73 Of CGST Act Must Carry Digital Or Physical Signature Of Officer In Order To Be Treated As Valid: Kerala High Court
3 months, 1 week ago

Orders Issued U/S 73 Of CGST Act Must Carry Digital Or Physical Signature Of Officer In Order To Be Treated As Valid: Kerala High Court

Live Law  

The Kerala High Court stated that orders issued under Section 73 of the CGST/SGST Acts must carry the digital or manual signature of the officer passing the order in order to treat the order to be a valid order. The Bench of Justice Gopinath P. was considering the issue that whether orders issued under Section 73 of the CGST/SGST Acts …

Orders Issued U/S 73 Of CGST Act Must Carry Digital Or Physical Signature Of Officer In Order To Be Treated As Valid: Kerala High Court
3 months, 1 week ago

Orders Issued U/S 73 Of CGST Act Must Carry Digital Or Physical Signature Of Officer In Order To Be Treated As Valid: Kerala High Court

Live Law  

The Kerala High Court stated that orders issued under Section 73 of the CGST/SGST Acts must carry the digital or manual signature of the officer passing the order in order to treat the order to be a valid order. The Bench of Justice Gopinath P. was considering the issue that whether orders issued under Section 73 of the CGST/SGST Acts …

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

Not Necessary For PMLA Special Court To Record Reasons For Cognizance Of ED's Complaint: Delhi High Court
4 months, 1 week ago

Not Necessary For PMLA Special Court To Record Reasons For Cognizance Of ED's Complaint: Delhi High Court

Live Law  

The Delhi High Court has recently held that it is not necessary for the Special Court under PMLA to record its reasons for taking cognizance of Enforcement Directorate complaint, unlike a private complaint under CrPC or BNSS.Justice Chandra Dhari Singh observed that an initial complaint can be filed by ED under Section 44 of the PMLA, even if the investigation …

High Court Allows Review Petition, Recalls Direction to Respondents to Appoint Petitioner Due to Low Merit
5 months, 1 week 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 …

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules
7 months, 3 weeks ago

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules

Live Law  

The Punjab and Haryana High Court has quashed the direction of a trial court to file case against a Police Officer who allegedly conducted faulty investigation in a criminal intimidation case.Trial Court had, while acquitting the accused persons in the case, said that an unfair and faulty investigation was conducted by both the investigating officers and the SHO concerned, thereby …

"Improper": Kerala High Court Pulls Up State Public Service Commission For Destroying Records During Pendency Of RTI Application
8 months ago

"Improper": Kerala High Court Pulls Up State Public Service Commission For Destroying Records During Pendency Of RTI Application

Live Law  

The Kerala High Court stated that the Kerala Public Service Commission has the power to destroy records in accordance with the Office Manual prescribing record preservation procedures and Rules made under the Kerala Destruction of Records Act. If in such event it is brought to the notice of the State Information Commission that during the pendency of an application for …

CIC upholds decision of Rashtrapati Bhavan on RTI query
9 months, 2 weeks ago

CIC upholds decision of Rashtrapati Bhavan on RTI query

The Hindu  

The Central Information Commission has upheld the Rashtrapati Bhavan’s response to a Right to Information Act query on the number of times former President Ram Nath Kovind returned any decision taken by the Prime Minister/Union Council of Ministers for reconsideration. In his first appeal before the First Appellate Authority he wanted to know whether the reply meant that the former …

Madras High Court Asks CIC To Conduct Fresh Inquiry Into Alleged Non-Disclosure Of Information Regarding Govt Action During COVID Pandemic
10 months ago

Madras High Court Asks CIC To Conduct Fresh Inquiry Into Alleged Non-Disclosure Of Information Regarding Govt Action During COVID Pandemic

Live Law  

The Madras High Court has directed the Chief Information Commissioner to conduct a fresh inquiry into alleged non-disclosure of information pertaining to the actions taken by the Central Government during the COVID pandemic, including the actions taken, treatment given etc. In the order made on 7th December 2023, the copy of which was uploaded today, Justice PD Audikesavalu noted that …

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

Supreme Court Stays Himachal Pradesh HC Order Refusing Recall Of Transfer Directions Against Kangra SP
11 months, 1 week ago

Supreme Court Stays Himachal Pradesh HC Order Refusing Recall Of Transfer Directions Against Kangra SP

Live Law  

The Supreme Court on Friday stayed the order of the Himachal Pradesh High Court which directed the transfer of Superintendent of Police, Kangra District. The High Court in the impugned order refused to recall its earlier directions on transferring Kangra SP Shalini Agnihotri and DGP Sanjay Kundu. It may be recalled that the Apex Court in January had set aside …

Delhi HC sets aside CIC order asking CBDT to give information on Ram Mandir Trust
1 year ago

Delhi HC sets aside CIC order asking CBDT to give information on Ram Mandir Trust

New Indian Express  

NEW DELHI: The Delhi High Court has set aside an order of the Central Information Commission directing the Central Board of Direct Taxes to provide information relating to Shri Ram Janmabhoomi Teerth Kshetra Trust, looking after the construction and management of the Ram temple in Ayodhya, under the RTI Act. The high court on February 28 allowed the petition by …

Delhi HC quashes CIC order on PM CARES Fund information disclosure
1 year, 2 months ago

Delhi HC quashes CIC order on PM CARES Fund information disclosure

Live Mint  

The Delhi High Court has set aside an order of the Centra; Information Commission to disclose the information about PM CARES Fund. The Delhi High Court noted that the information sought by the RTI applicant has been sought from the Central Public Information Officer of Income Tax Department and not from the PM CARES Fund and the department does not …

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

Before Issuing Summons U/S 138 NI Act, Only Prima Facie View On Presence Of Basic Ingredients Of The Offence Necessary: Delhi High Court
1 year, 4 months ago

Before Issuing Summons U/S 138 NI Act, Only Prima Facie View On Presence Of Basic Ingredients Of The Offence Necessary: Delhi High Court

Live Law  

Justice Amit Bansal of the Delhi High Court recently upheld summoning orders passed in a complaint case u/s 138 Negotiable Instruments Act, observing that evidence need not be gone into by the MM while conducting inquiry u/s 202 Cr.P.C. “At the stage of issuance of summons, for the purpose of Section 202 of the CrPC read with section 145 of …

Delhi High Court Quashes Non-Speaking Order Rejecting The Grant Of An LDC Permitting Deduction Of 0.01% TDS
1 year, 4 months ago

Delhi High Court Quashes Non-Speaking Order Rejecting The Grant Of An LDC Permitting Deduction Of 0.01% TDS

Live Law  

The Delhi High Court has quashed the non-speaking order rejecting the grant of a lower deduction of tax certificate permitting the deduction of 0.01% TDS.The bench of Chief Justice Satish Chandra Sharma and Justice Tushar Rao Gedela has observed that the reasons furnished by the Respondent/department qua the Application i.e., as to why the Petitioners’ request that TDS should not. …

Court Has Power To Issue Time Bound Directions To Collector Of Stamps To Decide On Unstamped Arbitration Agreements, Purpose Of Section 11(13) Of A&C Act Should Not Be Defeated: Delhi High Court
1 year, 7 months ago

Court Has Power To Issue Time Bound Directions To Collector Of Stamps To Decide On Unstamped Arbitration Agreements, Purpose Of Section 11(13) Of A&C Act Should Not Be Defeated: Delhi High Court

Live Law  

The Delhi High Court has held the Court exercising power under Section 11 of the A&C Act has the power to issue time bound directions to Collector of Stamps to decide on unstamped arbitration agreements to ensure that the mandate of Section 11 of the A&C Act that provides for expeditious disposal of Section 11 petition should not be defeated. …

Punjab & Haryana High Court Issues Directions To RTI Authorities Amid Rise In Cryptic, Non-Speaking Orders
1 year, 7 months ago

Punjab & Haryana High Court Issues Directions To RTI Authorities Amid Rise In Cryptic, Non-Speaking Orders

Live Law  

In a significant ruling, the Punjab & Haryana High Court recently held that authorities including the Appellate Authorities under the Right to Information Act have been passing “cryptic and non-speaking orders” in violation of the judgements of the Supreme Court, High Courts and mandate of the RTI Act.Justice Vikas Bahl thus directed authorities handling appeals under the Right. In a …

High court: Cryptic orders being passed in RTI complaints
1 year, 7 months ago

High court: Cryptic orders being passed in RTI complaints

Hindustan Times  

Taking note of large number of pleas coming to high court against “cryptic orders” passed by the appellate authorities, including state information commissioners, under the Right to Information Act-2005, the Punjab and Haryana high court has issued a slew of directions for proper adjudication of complaints. “This court has found that in a large number of cases, the authorities, including …

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

What Is The Scope Of Scrutiny An Officer Is Required To Make While Clearing A Petition For Listing? Delhi High Court Asks Registrar To Clarify
1 year, 11 months ago

What Is The Scope Of Scrutiny An Officer Is Required To Make While Clearing A Petition For Listing? Delhi High Court Asks Registrar To Clarify

Live Law  

The Delhi High Court has directed its Registrar to clarify the scope of scrutiny required to be made by the scrutiny officer while clearing a petition for listing.Justice Anup Jairam Bhambhani also asked the Registrar whether there are any general directions or judicial orders requiring the scrutiny officer to form a “prima- facie opinion” as to whether a prayer is. …

Delhi High Court Seeks Centre’s Response On Pleas Seeking Information Relating To Collegium Recommendations Under RTI Act
1 year, 11 months ago

Delhi High Court Seeks Centre’s Response On Pleas Seeking Information Relating To Collegium Recommendations Under RTI Act

Live Law  

The Delhi High Court on Wednesday sought response of the Union of India on pleas seeking information in respect of recommendations of the Supreme Court Collegium under Right to Information Act, 2005.Calling it an “important matter”, Justice Prathiba M Singh asked Additional Solicitor General Chetan Sharma to seek appropriate instructions and file an affidavit as the RTI applications relate. The …

NCLAT Delhi Upholds Remitting Of Resolution Plan Back To COC For Compliance Of Sec 30(2) IBC
2 years ago

NCLAT Delhi Upholds Remitting Of Resolution Plan Back To COC For Compliance Of Sec 30(2) IBC

Live Law  

The National Company Law Appellate Tribunal, Principal Bench, comprising of Justice Ashok Bhushan and Ms. Shreesha Merla, while adjudicating an appeal filed in Noble Marine Metals Co WLL v Kotak Mahindra Bank Limited & Ors., has upheld the order of Adjudicating Authority whereby a Resolution Plan was remitted back to the Committee of Creditors for making changes, only to the …

RTI | Delhi High Court To Hear Pleas Seeking Copies Of Documents Relating To Collegium Recommendations On April 12
2 years, 1 month ago

RTI | Delhi High Court To Hear Pleas Seeking Copies Of Documents Relating To Collegium Recommendations On April 12

Live Law  

The Delhi High Court is set to consider the question as to whether information relating to recommendations made by Supreme Court Collegium can be disclosed under Right to Information Act, 2005.Justice Prathiba M Singh listed for hearing on April 12 a batch of three petitions seeking information in respect of Collegium recommendations. The Delhi High Court is set to consider …

Delhi High Court Upholds CIC Order Denying Information To Navy Commander On ACR Marks, Promotion Merit Lists
2 years, 2 months ago

Delhi High Court Upholds CIC Order Denying Information To Navy Commander On ACR Marks, Promotion Merit Lists

Live Law  

The Delhi High Court has observed that information relating to Annual Confidential Reports and senior personnel of Indian Navy would not be liable to be disclosed under the Right to Information Act, 2005. Justice Prathiba M Singh upheld an order passed by Chief Information Commission rejecting an RTI application filed by a commander in the Indian Navy. Upholding the order …

High Court Refuses To Stay Lokpal's Order Directing CBI Probe Against MCD Officials Over Complaint Alleging Illegal Constructions In South Delhi
2 years, 3 months ago

High Court Refuses To Stay Lokpal's Order Directing CBI Probe Against MCD Officials Over Complaint Alleging Illegal Constructions In South Delhi

Live Law  

The Delhi High Court on Friday refused to stay an order passed by Lokpal of India directing Central Bureau of Investigation investigation against officials of the Municipal Corporation of Delhi over a complaint alleging illegal and unauthorized constructions in South Delhi area.As the counsel appearing for MCD prayed for interim protection and that the impugned order be. The Delhi High …

Can Recall Section 11 A&C Act Order, If It Suffers From Patent And Manifest Error: Delhi High Court
2 years, 3 months ago

Can Recall Section 11 A&C Act Order, If It Suffers From Patent And Manifest Error: Delhi High Court

Live Law  

The Delhi High Court has ruled that the power exercised by the High Court under Section 11 of the Arbitration and Conciliation Act, 1996 is not merely an administrative function but a judicial power, and that the Court does not cease to be a Court of Record while exercising power under Section 11. Thus, the bench of Justice Yashwant Varma …

Writ Of Certiorari Can't Be Issued To Examine Adequacy Of Evidence Adduced Before Lower Court/Tribunal: Orissa High Court Reiterates
2 years, 3 months ago

Writ Of Certiorari Can't Be Issued To Examine Adequacy Of Evidence Adduced Before Lower Court/Tribunal: Orissa High Court Reiterates

Live Law  

The Orissa High Court has clarified that a proceeding cannot be drawn for issuance of the writ of certiorari merely to challenge a finding of fact recorded by a Lower Court/Tribunal, on the ground that the material evidence adduced before the forum was 'insufficient' to sustain the finding. While placing reliance on the ruling of the Supreme Court in Syed …

Order XXVI CPC | Order Refusing Appointment Of Local Commissioner Not Revisable: Punjab & Haryana High Court
2 years, 8 months ago

Order XXVI CPC | Order Refusing Appointment Of Local Commissioner Not Revisable: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court while dealing with a revision petition for setting aside order passed by the Additional Civil Judge dismissing plaintiff's application for appointment of a Local Commissioner, held that order refusing appointment of Local Commissioner does not decide any issue nor does it adjudicate rights of the parties and hence would not be a revisable order. …

Delhi High Court Quashes Assessment Order For Not Giving Opportunity To File Objection To SCN
2 years, 9 months ago

Delhi High Court Quashes Assessment Order For Not Giving Opportunity To File Objection To SCN

Live Law  

The Delhi High Court bench of Justice Manmohan and Justice Dinesh Kumar Sharma has quashed the assessment order as the assessee was not given an opportunity to file an objection to the show cause notice. The petitioner/assessee has challenged the reassessment notices for the assessment years 2014-15 and 2015-16 as well as the assessment orders passed under Section 147 read …

Delhi High Court Quashes Reassessment Order Issued Without Considering The Reply Filed By The Assessee
2 years, 9 months ago

Delhi High Court Quashes Reassessment Order Issued Without Considering The Reply Filed By The Assessee

Live Law  

The Delhi High Court, consisting of Justice Manmohan and Justice Manmeet Preetam Singh Arora, has quashed the reassessment order issued without considering the reply filed by the assessee. The department submitted that the petitioner's reply was not taken into consideration while passing the impugned order under Section 148A of the Income Tax Act. The court directed the assessing officer to …

Order XXI Rule 26 CPC | Court Not Bound To Decide Application For Stay Of Execution On First Day, Entitled To Seek Reply Of Decree Holder: Delhi HC
2 years, 9 months ago

Order XXI Rule 26 CPC | Court Not Bound To Decide Application For Stay Of Execution On First Day, Entitled To Seek Reply Of Decree Holder: Delhi HC

Live Law  

The Delhi High Court has observed that there is no mandate, in law or otherwise, requiring the executing court to decide the application under Order XXI Rule 26 of Code of Civil Procedure for stay of execution proceedings, on the very first day.Justice C Hari Shankar added that the Executing Court is entitled to call upon the Decree Holder to …

Delhi High Court Allows Constitution Of Confidentiality Club Comprising The Counsels-On-Record For Both Parties And One Authorised Representative Of The Respondent
2 years, 10 months ago

Delhi High Court Allows Constitution Of Confidentiality Club Comprising The Counsels-On-Record For Both Parties And One Authorised Representative Of The Respondent

Live Law  

The Delhi High Court recently in a matter allowed the constitution of a confidentiality club and directed whatever information is revealed in it, will be used by the respondent only for the purpose of progressing this case. The order was passed by a division bench of Justice Rajiv Shakdher and Justice Poonam A. Bamba: "In the meanwhile, counsel for the …

TMC MP Abhishek Banerjee Moves Supreme Court Against Delhi HC's Refusal To Quash ED Summons
2 years, 11 months ago

TMC MP Abhishek Banerjee Moves Supreme Court Against Delhi HC's Refusal To Quash ED Summons

Live Law  

The Supreme Court on Tuesday agreed to hear next week the plea filed by All India Trinamool Congress MP Abhishek Banerjee and his wife challenging Delhi High Court's order refusing to quash summons issued to them by Enforcement Directorate in connection with West Bengal coal scam case.The impugned order also dismissed the plea by Banerjee's wife Rujira Banerjee assailing the …

Delhi High Court Reserves Order In Plea Challenging CIC Order Denying Details Of SC Collegium's December 2018 Meeting
3 years ago

Delhi High Court Reserves Order In Plea Challenging CIC Order Denying Details Of SC Collegium's December 2018 Meeting

Live Law  

The Delhi High Court on Monday reserved order in a plea challenging an order of Central Information Commission denying information sought regarding the decisions taken by the Supreme Court Collegium in a meeting held on December 12, 2018.Justice Yashwant Varma reserved the order today after hearing Advocate Prashant Bhushan appearing for the petitioner, activist Anjali Bhardwaj.Bhardwaj. The Delhi High Court …

Discover Related