No Justification For Not Adjudicating The Notice For More Than 13 Years After Its Issuance: Delhi High Court
1 year, 11 months ago

No Justification For Not Adjudicating The Notice For More Than 13 Years After Its Issuance: Delhi High Court

Live Law  

The Delhi High Court has held that there is no justification for not adjudicating the notice for more than thirteen years after its issuance.The bench of Justice Vibhu Bakhru and Justice Amit Mahajan has observed that the larger public interest requires that the Revenue Department and its officials adjudicate the show cause notice expeditiously and within a reasonable time. The bench of Justice Vibhu Bakhru and Justice Amit Mahajan has observed that the larger public interest requires that the Revenue Department and its officials adjudicate the show cause notice expeditiously and within a reasonable time. The petitioner claimed that the respondents had failed to conclude the proceedings within a reasonable period from the date of issuance of the show cause notice. "The respondents are, accordingly, interdicted from taking any action or continuing any proceedings pursuant to the impugned show cause notice," the court said.

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History of this topic

'Highly Undesirable Practice, Wastes Judicial Time': Delhi High Court Laments Frequent Non-Appearance Of Govt Counsel In Customs Matters
2 weeks, 4 days ago

'Highly Undesirable Practice, Wastes Judicial Time': Delhi High Court Laments Frequent Non-Appearance Of Govt Counsel In Customs Matters

Live Law  

The Delhi High Court recently expressed its displeasure at the frequent non-appearance of government counsel in customs related matters. A division bench comprising Justices Prathiba M. Singh and Rajneesh Kumar Gupta observed, “It is noticed that in a large number of customs matters, the Counsels are either not appearing or appear without proper instructions. Though the Petitioner appeared to have …

Article 226 Can't Be Invoked Against An SCN Issued U/S 74 Of CGST Act At Preliminary Stage: Kerala High Court
1 month ago

Article 226 Can't Be Invoked Against An SCN Issued U/S 74 Of CGST Act At Preliminary Stage: Kerala High Court

Live Law  

The Kerala High Court stated that Article 226 cannot be invoked against a show cause notice issued under Section 74 of the CGST Act at preliminary stage. The assessee/respondent had filed a writ petition challenging the show cause notice issued under Section 74 of the CGST Act. The bench opined that “the power of the High Court under Article 226 …

Consolidated SCN Involving Multiple Assessment Years Can Be Issued Only When Common Period Of Adjudication Exists: Kerala High Court
1 month ago

Consolidated SCN Involving Multiple Assessment Years Can Be Issued Only When Common Period Of Adjudication Exists: Kerala High Court

Live Law  

The Kerala High Court stated that consolidated show cause notice involving multiple assessment years can be issued when common period of adjudication exists. “Issuing a consolidated show cause notice covering various financial/assessment years would cause prejudice to an assessee who would not get the full period envisaged for adjudication under the Statute, if that period is circumscribed by the limitation …

Quashing Of Show Cause Notice On One Issue Doesn't Mean Other Demands Are Not Liable To Be Adjudicated: Delhi High Court
1 month, 1 week ago

Quashing Of Show Cause Notice On One Issue Doesn't Mean Other Demands Are Not Liable To Be Adjudicated: Delhi High Court

Live Law  

The Delhi High Court has made it clear that if a show cause notice is quashed by a higher authority on one issue, it doesn't mean that other issues raised in the SCN are not liable to be adjudicated. The observation was made by the bench of Justices Prathiba M. Singh and Dharmesh Sharma in a case where the SCN …

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

Time Spent To Defend Reassessment Notice Issued Without Following Procedure Doesn't Extend Limitation For Revenue When Issuing Fresh Notice: Delhi HC
1 month, 3 weeks ago

Time Spent To Defend Reassessment Notice Issued Without Following Procedure Doesn't Extend Limitation For Revenue When Issuing Fresh Notice: Delhi HC

Live Law  

The Delhi High Court has held that if the Revenue issues a reassessment notice to an assessee under Section 148 of the Income Tax Act, 1961 without following due procedure, it cannot later issue fresh reassessment notice beyond the prescribed period, claiming that time spent on earlier litigation is to be excluded for the purposes of computing limitation. A division …

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

S.28 Customs Act | Keeping Matter In Call Book, Taking It Up After Several Years Is Not Permissible: Delhi HC Quashes SCN
2 months, 3 weeks ago

S.28 Customs Act | Keeping Matter In Call Book, Taking It Up After Several Years Is Not Permissible: Delhi HC Quashes SCN

Live Law  

The Delhi High Court has cautioned the Customs Authorities against keeping show-cause notices pending in call-book only to take them up after several years, leaving the assessee in lurch. where the Delhi High Court had questioned the power of DRI officers to exercise functions under the Customs Act or to issue show-cause notices and recover duties. It said, “In the …

Time Spent In Bona Fide Proceedings Before Court Without Jurisdiction To Be Excluded When Considering Objection On Limitation In S.11 Plea: Delhi HC
4 months, 1 week ago

Time Spent In Bona Fide Proceedings Before Court Without Jurisdiction To Be Excluded When Considering Objection On Limitation In S.11 Plea: Delhi HC

Live Law  

The Delhi High Court bench comprising of Justice Subramonium Prasad, while hearing a Section 11 petition, has held that the petitioner's claim cannot be treated as dead one simply because they spent time on bona fide court proceedings before a court without jurisdiction. The petitioner then filed an application under Section 12 of the Commercial Court Act for pre-litigation mediation …

SCN Did Not Indicate Specific Allegation Of Non-Compliance Of Statutory Provision In Invoice: Delhi High Court Quashes SCN And Restores GST Registration
7 months, 1 week ago

SCN Did Not Indicate Specific Allegation Of Non-Compliance Of Statutory Provision In Invoice: Delhi High Court Quashes SCN And Restores GST Registration

Live Law  

Finding that no document is annexed with the impugned show cause notice which provides any clue as to which allegation is sought to be raised against the assessee, the Delhi High Court quashed the SCN. The High Court also clarified that issuance of the show cause notice would be rendered meaningless in absence of any specific allegation. Hence, the petitioner …

Bombay High Court Quashes Show Cause Notice Issued Without Mentioning Documents Required To Be Furnished By Assessee
7 months, 2 weeks ago

Bombay High Court Quashes Show Cause Notice Issued Without Mentioning Documents Required To Be Furnished By Assessee

Live Law  

The Bombay High Court has quashed the show cause notice, which was in a printed format with only the period, date, and time filled up and did not give details of the information or documents required to be furnished.The bench of Justice K. R. Shriram and Justice Jitendra Jain has observed that before passing best judgment assessment, Section 23 provides …

Denial Of ITC To Customers Is One Of The Consequence Of Retrospective GST Registration Cancellation: Delhi High Court
10 months, 3 weeks ago

Denial Of ITC To Customers Is One Of The Consequence Of Retrospective GST Registration Cancellation: Delhi High Court

Live Law  

The Delhi High Court has held that one of the consequences of cancelling a taxpayer's registration with retrospective effect is that the taxpayer's customers are denied the input tax credit availed in respect of the supplies made by the taxpayer.The bench of Justice Sanjeev Sachdeva and Justice Ravinder Dudeja has observed that simply because a taxpayer has not filed the …

Period Spent In Disposal Of Appeal Before CESTAT Shall Not Be Counted Towards Period Stipulated Under Section 28 (9) Of Customs Act: Delhi High Court
1 year, 1 month ago

Period Spent In Disposal Of Appeal Before CESTAT Shall Not Be Counted Towards Period Stipulated Under Section 28 (9) Of Customs Act: Delhi High Court

Live Law  

The Delhi High Court has held that the period spent in the disposal of the appeal before the CESTAT, i.e., between the filing and the final order being passed, shall not be counted towards the period stipulated under Section 28 of the Customs Act.The bench of Justice Sanjeev Sachdeva and Justice Ravinder Dudeja has observed that the Tribunal has already …

Assessee Can't Indefinitely Seek Time In Response To SCN: Kerala High Court
1 year, 2 months ago

Assessee Can't Indefinitely Seek Time In Response To SCN: Kerala High Court

Live Law  

The Kerala High Court has held that the assessee cannot indefinitely seek time in response to a show cause notice.The bench of Justice Dinesh Kumar Singh has observed that petitioners cannot go on asking for a time one after another in response to the show cause notice issued one after another. The Kerala High Court has held that the assessee …

Kerala High Court Quashes Show Cause Notice Issued To KTU's Former VC Ciza Thomas
1 year, 5 months ago

Kerala High Court Quashes Show Cause Notice Issued To KTU's Former VC Ciza Thomas

Live Law  

The Kerala High Court on Friday quashed the show cause notice issued to Dr. Ciza Thomas, who was temporarily appointed as the Vice Chancellor of the APJ Abdul Kalam Techological University, by the Chancellor of the University who is the Governor of the State. A show cause notice had been issued to Thomas as a prelude to the initiation of …

Allahabad High Court Issues Contempt Notice To A DSP Who Told His Name To A Judicial Magistrate In A 'Discourteous' Manner
1 year, 5 months ago

Allahabad High Court Issues Contempt Notice To A DSP Who Told His Name To A Judicial Magistrate In A 'Discourteous' Manner

Live Law  

The Allahabad High Court last week issued a show cause contempt notice to a Deputy Superintendent of Police for showing disrespect to a Judicial Magistrate and telling his name to the court in a discourteous and contemptuous manner. The bench of Justice Ashwani Kumar Mishra and Justice Syed Aftab Husain Rizvi issued the show cause notice to Rajesh Kumar Tiwari, …

Delhi CM Residence Renovation: High Court Grants Interim Protection To PWD Officials Facing Show Cause Notices
1 year, 6 months ago

Delhi CM Residence Renovation: High Court Grants Interim Protection To PWD Officials Facing Show Cause Notices

Live Law  

The Delhi High Court on Friday ordered that no coercive steps be taken by any authority against six PWD officials who have challenged the show cause notices issued to them by the Delhi Government’s Vigilance department over alleged gross violations of rules in the renovation work undertaken at the official residence of Chief Minister Arvind Kejriwal.Justice Chandra Dhari Singh observed. …

Officers Not Diligently Discharging Duties, Playing With Public Revenue, MoF Should Take Serious View: Bombay High Court
1 year, 6 months ago

Officers Not Diligently Discharging Duties, Playing With Public Revenue, MoF Should Take Serious View: Bombay High Court

Live Law  

The Bombay High Court has held that the Ministry of Finance is responsible for the officers who are not diligently discharging vital duties and who, in fact, are playing with the public revenue. "We take judicial notice of a series of petitions reaching this Court on the ground that the concerned jurisdictional officers exercising such enormous powers not only under …

Delhi High Court Quashes SCN For Being Devoid Of Reasons, Restores GST Registration
1 year, 9 months ago

Delhi High Court Quashes SCN For Being Devoid Of Reasons, Restores GST Registration

Live Law  

The Delhi High Court has quashed the show cause notice as it was devoid of reasons and restored the GST registration.The bench of Justice Vibhu Bakhru and Justice Tushar Rao Gadela observed that the show cause notice was deficient. The Delhi High Court has quashed the show cause notice as it was devoid of reasons and restored the GST registration. …

Show Cause Notice Bereft Any Specific Allegation, Delhi High Court Quashes GST Registration Suspension Order
1 year, 9 months ago

Show Cause Notice Bereft Any Specific Allegation, Delhi High Court Quashes GST Registration Suspension Order

Live Law  

The Delhi High Court has held that the Show Cause Notice was short of the necessary requirements as it did not contain any specific allegation.The bench of Justice Vibhu Bakhru and Justice Amit Mahajan has observed that the show cause notice is required to set out the relevant material in order to enable the noticee to meaningfully respond to it.The …

Mere Averment Or Bald Allegations Not Sufficient To Initiate Contempt Proceedings Against An Individual: Delhi High Court
1 year, 10 months ago

Mere Averment Or Bald Allegations Not Sufficient To Initiate Contempt Proceedings Against An Individual: Delhi High Court

Live Law  

The Delhi High Court has observed that mere averment or a bald allegation is not sufficient to initiate contempt proceedings or issuance of show cause notice against a person. Justice Chandra Dhari Singh said that the disobedience must be “wilful and beyond a casual or accidental genuine inability” to comply with the terms of the judicial order. The court made …

Assessee Was Given Only 13 Hours Time To Reply To The Show-Cause Notice: Madras High Court Quashes Assessment
1 year, 10 months ago

Assessee Was Given Only 13 Hours Time To Reply To The Show-Cause Notice: Madras High Court Quashes Assessment

Live Law  

The Madras High Court has quashed the assessment as the assessee was given only 13 hours to reply to the show-cause notice.The bench of Justice M. Dhandapani has directed the department to consider the matter afresh and, after providing an opportunity to the petitioner, pass appropriate orders within a period of four weeks.The petitioner/assessee was issued with a first show …

Delhi High Court Restrains Income Tax Dept From Acting On Show Cause Notice Issued To Kapil Sibal, Says Deal With His Objections First
2 years ago

Delhi High Court Restrains Income Tax Dept From Acting On Show Cause Notice Issued To Kapil Sibal, Says Deal With His Objections First

Live Law  

The Delhi High Court on Thursday restrained Income Tax authorities from acting on the show cause notice issued to Rajya Sabha MP and senior lawyer Kapil Sibal on March 11 in relation to assessment proceedings pending against him. "In the meanwhile, the concerned officer will stay his hands vis-à-vis the show cause notice dated 11.03.2023," said the court. Delhi High …

Extension Of Limitation To Issue Order Under S. 73 Of CGST Act Would Also Extend Time Limit To Issue SCN: Kerala High Court
2 years, 1 month ago

Extension Of Limitation To Issue Order Under S. 73 Of CGST Act Would Also Extend Time Limit To Issue SCN: Kerala High Court

Live Law  

The Kerala High Court has ruled that when the time limit for issuing an order under Section 73 of the CGST Act stands extended by a notification, the time limit for issuance of show cause notice under Section 73 would also stand extended. Section 73 provides that the proper officer must issue a show cause notice on the tax payer …

Delhi HC contempt notice to lawyer who disrupted proceedings for 45 mins
2 years, 3 months ago

Delhi HC contempt notice to lawyer who disrupted proceedings for 45 mins

Hindustan Times  

New Delhi Lawyer Shakti Chand Rana has been asked reply to a show cause notice on or before January 30, 2023. The Delhi high court on Monday issued a show cause notice to a lawyer, seeking to know why contempt proceedings should not be initiated against him for allegedly misbehaving with a sitting judge and disrupting court proceedings on December …

Delhi High Court Issues Contempt Notice To Registrar Listing For 'Demeaning' Authority Of Court
2 years, 5 months ago

Delhi High Court Issues Contempt Notice To Registrar Listing For 'Demeaning' Authority Of Court

Live Law  

The Delhi High Court on Tuesday issued a show cause notice to its Registrar asking the officer to explain why contempt proceedings be not initiated against him for failing to discharge his official duty and "outrightly demeaning the authority of court". "The Registrar is accordingly directed to file his reply to Show Cause within four weeks from today," said Justice. …

Preventing Docket Explosion - Pre-SCN Consultation Should Be Held : Delhi High Court
2 years, 5 months ago

Preventing Docket Explosion - Pre-SCN Consultation Should Be Held : Delhi High Court

Live Law  

The Delhi High Court has held that it is obligatory on the part of the concerned officer to ensure that prior to the issuance of the show-cause notice, a pre-notice consultation is held with the person chargeable with customs duty or interest.The division bench of Justice Rajiv Shakdher and Justice Tara Vitasta Ganju has observed that the person chargeable with …

Reassessment Notices Issued Between 1st April 2021 To 30th June, 2021 Not Time Barred: Delhi High Court
2 years, 6 months ago

Reassessment Notices Issued Between 1st April 2021 To 30th June, 2021 Not Time Barred: Delhi High Court

Live Law  

The Delhi High Court has held that the reassessment notices issued between 1st April 2021 and 30th June 2021, will be deemed to have been issued under Section 148A of the Income Tax Act.The division bench of Justice Manmohan and Justice Manmeet Pritam Singh Arora has observed that the re-assessment notice dated 29.06.2021, which has been issued within the extended …

Intention To Evade Tax Is Absent, Taxpayer Needs To Be Given Another Chance: Delhi High Court
2 years, 6 months ago

Intention To Evade Tax Is Absent, Taxpayer Needs To Be Given Another Chance: Delhi High Court

Live Law  

The Delhi High Court has held that the petitioner/taxpayer needs to be given another chance to establish why the subject goods did not reach their designated designation before the expiry of the e-way bill. The division bench of Justice Rajeev Shakdher and Justice Tara Vitasta Ganju has remanded the matter to the respondent to take a fresh decision on the …

Show Cause Notice U/S 93 Gujarat Cooperative Societies Act Can't Be Issued For Transactions Prior To 5 Yrs From Date Of Inquiry: High Court
2 years, 7 months ago

Show Cause Notice U/S 93 Gujarat Cooperative Societies Act Can't Be Issued For Transactions Prior To 5 Yrs From Date Of Inquiry: High Court

Live Law  

The Gujarat High Court, while exercising its extraordinary jurisdiction, has held that the show cause notice issued by the Registrar, Cooperative Societies under Section 93 of the Gujarat Cooperative Societies Act is not maintainable against the writ applicants on grounds of delay. The impugned show cause notice was issued in July 2011 for transactions older than five years. Therefore, all …

Show Cause Notice And Reassessment Order Based On Distinct And Separate Grounds, No Details Of Bogus Purchases Were Given: Delhi High Court Quashes The Order.
2 years, 7 months ago

Show Cause Notice And Reassessment Order Based On Distinct And Separate Grounds, No Details Of Bogus Purchases Were Given: Delhi High Court Quashes The Order.

Live Law  

The Delhi High Court has held that the show cause notice as well as the reassessment order under Section 148A of the Income Tax Act were based on distinct and separate grounds. The division bench of Justice Manmohan and Justice Manmeet Pritam Singh Arora has observed that "the show cause notice primarily states that "it is seen that the petitioner …

Show-Cause Notice Is A 'Superfluous Formality' If No Prejudice Is Caused: Andhra Pradesh High Court
2 years, 7 months ago

Show-Cause Notice Is A 'Superfluous Formality' If No Prejudice Is Caused: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court has dismissed a writ petition opposing termination of lease on the ground that except non-issuance of show cause notice, the Petitioner had no other cause or prejudice. Contentions of Both sides The counsel for petitioner contended that the impugned revisional order refused to answer the primary contention of the petitioner that no show-cause notice was …

NCTE Act | Service Of Show Cause Notice Vital For An Educational Institution, Affords Opportunity To Put Forth Their Stand Qua Alleged Deficiencies: Delhi HC
2 years, 8 months ago

NCTE Act | Service Of Show Cause Notice Vital For An Educational Institution, Affords Opportunity To Put Forth Their Stand Qua Alleged Deficiencies: Delhi HC

Live Law  

The Delhi High Court has observed that the service of show-cause notice is a vital communication for an institute as it affords an opportunity to them to put forth their stand qua the alleged deficiencies, failing which adverse consequences are bound to follow. The Court was dealing with a plea challenging the decision of Western Regional Committee taken at its …

Voluntary Statement Made Before The Revenue Authorities Cannot Substitute A Statutory Pre-Show Cause Consultation Notice: Delhi High Court
2 years, 8 months ago

Voluntary Statement Made Before The Revenue Authorities Cannot Substitute A Statutory Pre-Show Cause Consultation Notice: Delhi High Court

Live Law  

The Delhi High Court has reiterated that a voluntary statement made before the revenue authorities cannot substitute a statutory pre-show cause consultation notice, as contemplated under Rule 142 of the CGST Rules, 2017, as it stood before 15.10.2020. The Division Bench of Justices Rajiv Shakdher and Tara Vitasta Ganju dismissed the contentions of the revenue department that because the petitioner's …

Right To File Objection To SCN Can't Be Denied Due To One Day Delay: Delhi High Court
2 years, 9 months ago

Right To File Objection To SCN Can't Be Denied Due To One Day Delay: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Manmohan and Justice Manmeet Pritam Singh Arora ruled that the right to file an objection to the Show Cause Notice cannot be denied owing to a one-day delay. The petitioner has challenged the order passed under Section 148A of the Income Tax Act, 1961 and the notice passed under Section 148 of the …

Non Consideration Of Detailed Reply To Show Cause Notice Submitted After Stipulated Time, Delhi High Court Quashes Reassessment Order
2 years, 10 months ago

Non Consideration Of Detailed Reply To Show Cause Notice Submitted After Stipulated Time, Delhi High Court Quashes Reassessment Order

Live Law  

The Delhi High Court bench of Justice Manmohan and Justice Dinesh Kumar Sharma has quashed the reassessment order, alleging income of more than Rupees one lakh crore having escaped assessment on the grounds of violation of natural justice. The petitioner/assessee has submitted that the order under Section 148A of the Income Tax Act was passed without considering the replies filed …

Time Of 8 Hours To File Reply To Show Cause Notice, Not Reasonable: Delhi High Court
2 years, 10 months ago

Time Of 8 Hours To File Reply To Show Cause Notice, Not Reasonable: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Manmohan and Justice Dinesh Kumar Sharma has held that the time of eight hours to file a reply to the show cause notice was neither reasonable nor effective. The petitioner/assessee submitted that the reasonable time was not given to file a reply to the show cause notice, which was issued only on March …

Initiation Of Adjudication Proceeding Without Issuance Of Show Cause Notice Is Void Ab Initio: Jharkhand High Court
2 years, 10 months ago

Initiation Of Adjudication Proceeding Without Issuance Of Show Cause Notice Is Void Ab Initio: Jharkhand High Court

Live Law  

The Jharkhand High Court bench of Justice Aparesh Kumar Singh and Justice Deepak Roshan has held that the initiation of an adjudication proceeding without the issuance of a show cause notice is void ab initio. However, the respondent-authorities were not convinced by the petitioner's documents and, as a result, issued an intimation to the petitioner on Form GST DRC-01A dated …

Subordinate Court Can't Assume Jurisdiction Under Contempt Of Courts Act: Delhi HC Sets Aside Trial Court Order Issuing Show Cause To CBI Director
2 years, 11 months ago

Subordinate Court Can't Assume Jurisdiction Under Contempt Of Courts Act: Delhi HC Sets Aside Trial Court Order Issuing Show Cause To CBI Director

Live Law  

The Delhi High Court on Tuesday set aside a Trial Court order issuing show cause notice to the Director of Central Bureau of Investigation to explain why not a reference of Contempt of Court be made by him against the respective officers of the agency for the purported non-compliance of judicial orders. "A subordinate court on its own cannot assume …

Show-Cause Notice And The Final Order By Public Authority Having Different Reasons Is Grave Illegality: Andhra Pradesh High Court
2 years, 11 months ago

Show-Cause Notice And The Final Order By Public Authority Having Different Reasons Is Grave Illegality: Andhra Pradesh High Court

Live Law  

In a recent case, Justice Satyanarayana Murthy of Andhra Pradesh High Court, passed a detailed order stating that show-cause notice and the final order cannot have different reasons or grounds as it denies the noticee the opportunity to rebut the allegations. One of the contentions by the Petitioner was that the reason mentioned in the show cause notice was different …

Repeated Representation Doesn't Extend Limitation Nor Can Be Ground To Plead Fresh Cause Of Action To Overcome Delay & Laches: Delhi High Court
3 years, 1 month ago

Repeated Representation Doesn't Extend Limitation Nor Can Be Ground To Plead Fresh Cause Of Action To Overcome Delay & Laches: Delhi High Court

Live Law  

The Delhi High Court reiterated that it is a settled law that repeated representation does not extend limitation nor can be a ground to plead a fresh cause of action to overcome delay and laches. Patel and Justice Jyoti Singh dismissed an appeal filed with a delay of 46 years from the date the shop in question was demolished and …

Kerala High Court Stays Show Cause Notice Issued By Lakshadweep Administration For Demolition Of A Madrassa
3 years, 7 months ago

Kerala High Court Stays Show Cause Notice Issued By Lakshadweep Administration For Demolition Of A Madrassa

Live Law  

The Kerala High Court on Monday stayed the eviction and demolition of a long-standing madrassa in Lakshadweep. Justice Raja Vijayaraghavan passed the interim order while directing the Lakshadweep Administration to file a counter affidavit within four weeks. The petitioner had moved the Court challenging a show-cause notice issued by the Administration to demolish and evict the Madrassa from its allotted …

Delhi High Court To Continue To Take Up Only Urgent Matters Through VC Mode Till August 13
3 years, 8 months ago

Delhi High Court To Continue To Take Up Only Urgent Matters Through VC Mode Till August 13

Live Law  

The Delhi High Court has resolved to hear only urgent matters through video conferencing till August 13 in continuation with its earlier order dates June 28 According to the office order issued by the Registrar General dated July 22, it has been stated that the full court has resolved to continue with this mechanism.In its earlier order dated 28th June, …

Delhi Riots : High Court Vacates Stay On Trial Of 'Larger Conspiracy' Case Under UAPA
4 years ago

Delhi Riots : High Court Vacates Stay On Trial Of 'Larger Conspiracy' Case Under UAPA

Live Law  

In view of the Delhi government's submission that the accused in the case are at liberty to collect a complete hard copy of the filed chargesheet from the trial court on Mar 25, the Delhi High Court today vacated its stay on the trial of the case. The Court had earlier stayed the trial in the case under the Unlawful …

Delhi High Court Stays Notice To PT Birju Maharaj Cancelling Allotment Of Govt Accommodation Until Jan 22
4 years, 2 months ago

Delhi High Court Stays Notice To PT Birju Maharaj Cancelling Allotment Of Govt Accommodation Until Jan 22

Live Law  

The Delhi High Court has stayed until Jan 22 the notice served to Kathak exponent Pt. The artist who is a Padma Vibhushan awardee was seemingly allotted a government accommodation owing to his accomplishments, however, vide notices served on Oct 9 and Dec 23 this year the allotment has been cancelled and he has been asked to vacate the premises …

Delhi High Court Expedites Trial In 40-Yr-Old Suit Pending Before Trial Court
4 years, 3 months ago

Delhi High Court Expedites Trial In 40-Yr-Old Suit Pending Before Trial Court

Live Law  

Delhi High Court on Friday issued directions for expediting hearing of a 40 years old suit, pending before the Trial Court since February 1980. Without getting into the controversy of what caused the delay in adjudication, a Bench of Justice Sanjeev Sachdeva observed that "since the Suit has been pending for over 41, trial court is directed to expedite the …

Supreme Court Stays Bombay High Court Order Allowing Lalit Modi's Request For Cross-Examination Of BCCI Officials Over FEMA Violation
4 years, 4 months ago

Supreme Court Stays Bombay High Court Order Allowing Lalit Modi's Request For Cross-Examination Of BCCI Officials Over FEMA Violation

Live Law  

The High Court had also asked ED to consider afresh the request for giving Modi the reply of BCCI to their show cause notice in 2011. So far as the order dated 8th January, 2018 is concerned, the challenge was to the extent it declines to grant cross examination of 5 persons namely - Shri N. Srinivasan, Mr. Peter Griffith, …

Notice to sexual assault survivor necessary while deciding offender’s bail plea, orders Delhi HC; calls for sensitisation of trial court judges
4 years, 9 months ago

Notice to sexual assault survivor necessary while deciding offender’s bail plea, orders Delhi HC; calls for sensitisation of trial court judges

Firstpost  

Courts cannot ignore issuing a notice to victims in sexual assault cases while deciding bail pleas of offenders, the Delhi High Court has held, noting that survivors were not being informed in a majority of matters New Delhi: Courts cannot ignore issuing a notice to victims in sexual assault cases while deciding bail pleas of offenders, the Delhi High Court …

Writ Petition Should Normally Not Be Entertained Against Mere Issuance Of Show Cause Notice: SC [Read Judgment]
5 years, 4 months ago

Writ Petition Should Normally Not Be Entertained Against Mere Issuance Of Show Cause Notice: SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that a writ petition should normally not be entertained against mere issuance of show cause notice.The bench of Justice Uday Umesh Lalit and Justice Vineet Saran made this observation in an appeal filed under Central Excise Act, 1944. The Supreme Court has reiterated that a writ petition should normally not be entertained against mere issuance …

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