Delhi HC slams Customs Department for disobeying Court orders, imposes 10,000 as costs [Read Order]
8 years, 7 months ago

Delhi HC slams Customs Department for disobeying Court orders, imposes 10,000 as costs [Read Order]

Live Law  

Delhi High Court on Wednesday slammed the Customs Department for disobeying High Court and Supreme Court rulings, on the issue of duty payable on imported goods.The Bench comprising Justice S. Muralidhar and Justice Najmi Waziri, noted it to be “another instance of open defiance of the law and the judgments of the Courts by a statutory authority vested with both the power and the. Delhi High Court on Wednesday slammed the Customs Department for disobeying High Court and Supreme Court rulings, on the issue of duty payable on imported goods. The Bench comprising Justice S. Muralidhar and Justice Najmi Waziri, noted it to be “another instance of open defiance of the law and the judgments of the Courts by a statutory authority vested with both the power and the responsibility to comply with the mandate of the governing statute.” It hence directed the department to pay costs of Rs 10,000 to the petitioner, Yu Televentures Pvt. Regarding the HC decision, it had stated that the order “has not been accepted by the Department and the Department has now decided to file a SLP before the apex Court against the orders of the Hon’ble High Court.” The High Court however ruled that there was no justification for the Department to act in defiance of the two rulings, and set aside the impugned order.

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History of this topic

Customs Dept Repeatedly Told To Serve Notices, Orders On Assessee Via Email: Delhi High Court Seeks Compliance
1 week, 2 days ago

Customs Dept Repeatedly Told To Serve Notices, Orders On Assessee Via Email: Delhi High Court Seeks Compliance

Live Law  

The Delhi High Court has asked the Customs Department to scrupulously comply with its “repeated” direction to serve notices, orders on an assessee under the Customs Act, 1962 via email. “.in order to avoid improper service to parties and to avoid ex-parte proceedings, it is incumbent that service of notices, communications and orders ought to be effected even through email …

S.67 Of CGST Act & S.110 Of Customs Act Are Pari Materia; GST Department Must Give Notice To Assessee Before Extending Seizure Period: Delhi HC
2 weeks, 6 days ago

S.67 Of CGST Act & S.110 Of Customs Act Are Pari Materia; GST Department Must Give Notice To Assessee Before Extending Seizure Period: Delhi HC

Live Law  

The Delhi High Court has held that an assessee must be issued notice within six months of seizure of its goods under Section 67 of the Central Goods and Services Tax Act 2017, failing which the goods must be returned by the Department. The High Court said even if it is assumed that the two provisions were not pari materia, …

'Highly Undesirable Practice, Wastes Judicial Time': Delhi High Court Laments Frequent Non-Appearance Of Govt Counsel In Customs Matters
2 weeks, 6 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 …

Once Court Orders Release Of Bank Guarantee Furnished By Trader, Customs Dept Can't Hold Back Compliance And Direct Adjustment In Demand Order: Delhi HC
2 months ago

Once Court Orders Release Of Bank Guarantee Furnished By Trader, Customs Dept Can't Hold Back Compliance And Direct Adjustment In Demand Order: Delhi HC

Live Law  

The Delhi High Court has made it clear that once a court of law directs the Customs Department to release the bank guarantee furnished by a trader, the Department cannot turn around and say that the amount will be adjusted towards the final demand order. A division bench in its December 14, 2023 order directed the Department to release the …

Customs Dept Cannot Run Parallel Proceedings By Passing Penalty Order While Challenge To SCN Is Pending Before Court: Delhi HC
2 months ago

Customs Dept Cannot Run Parallel Proceedings By Passing Penalty Order While Challenge To SCN Is Pending Before Court: Delhi HC

Live Law  

The Delhi High Court has set aside a final order of penalty passed by the Customs Department against a paper trader for alleged undervaluation of imported goods, stating that the same was passed during pendency of challenge to the show cause notice issued to the trader. A division bench of Justices Prathiba M. Singh and Dharmesh Sharma observed, “passing of …

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

Trader Cannot Accept Settlement Commission's Order U/S 127C Of Customs Act 'In Parts': Delhi High Court
2 months ago

Trader Cannot Accept Settlement Commission's Order U/S 127C Of Customs Act 'In Parts': Delhi High Court

Live Law  

The Delhi High Court has held that an order passed by the Settlement Commission under Section 127C of the Customs Act, 1962 is in the nature of a 'settlement' and cannot be accepted by a trader only in part. A division bench of Acting Chief Justice Vibhu Bakhru and Justice Swarana Kanta Sharma observed, “Given the nature of the order …

Penalties Like Seizure, Detention Of Goods In Transit U/S 129 CGST Act Shouldn't Be Imposed To Penalise Minor Breaches: Delhi High Court
2 months, 1 week ago

Penalties Like Seizure, Detention Of Goods In Transit U/S 129 CGST Act Shouldn't Be Imposed To Penalise Minor Breaches: Delhi High Court

Live Law  

The Delhi High Court has held that Section 129 of the Central Goods & Services Tax Act, 2017 which pertains to detention, seizure and release of goods while in transit cannot be invoked for imposing penalties for minor breaches, like incomplete e-way bill. A division bench of Justices Yashwant Varma and Harish Vaidyanathan Shankar further held that Section 129 cannot, …

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 …

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 …

Pendency Of Revenue's Appeal Regarding Classification Of Imported Goods No Ground To Insist On Provisional Assessment U/S 18 Customs Act: Delhi HC
3 months, 1 week ago

Pendency Of Revenue's Appeal Regarding Classification Of Imported Goods No Ground To Insist On Provisional Assessment U/S 18 Customs Act: Delhi HC

Live Law  

The Delhi High Court has ruled in favour of an importer who was aggrieved by insistence on provisional assessment of duty by the Customs Department, despite an order of the CESTAT with respect to classification of its imported goods. Nonetheless, the Revenue continued to insist on provisional assessment of Petitioner's goods under Section 18 of the Customs Act. Petitioner argued …

Power Of DRI Officers To Issue Show-Cause Notices Under Customs Act And A 'Flux' In The Legal Position: Delhi HC Discusses
3 months, 2 weeks ago

Power Of DRI Officers To Issue Show-Cause Notices Under Customs Act And A 'Flux' In The Legal Position: Delhi HC Discusses

Live Law  

The Delhi High Court recently discussed a 'flux' in the legal position with respect to power of officers of Directorate of Revenue Intelligence to issue show-cause notices and recover duties under the Customs Act, 1962. It was held therein that DRI officers do not have the jurisdiction to exercise functions under the Customs Act or to issue show-cause notices and …

Customs Act | Importer Accepting Enhanced Valuation Of Goods For Expeditious Clearance Not 'Waiver' Of Right To Contest Re-Assessment: Delhi HC
3 months, 3 weeks ago

Customs Act | Importer Accepting Enhanced Valuation Of Goods For Expeditious Clearance Not 'Waiver' Of Right To Contest Re-Assessment: Delhi HC

Live Law  

The Delhi High Court has held that where enhancement of valuation of goods by the proper officer for the purpose of determining Customs duty is accepted by the importer under protest, for expeditious clearance, it cannot be said that the importer has waived its right to question the reassessment. The right to question the correctness of the decision of the …

High Court Allows Writ Petition to Challenge District Judge's Interpretation of Law
5 months ago

High Court Allows Writ Petition to Challenge District Judge's Interpretation of Law

Live Law  

The Delhi High Court has allowed a writ petition filed under Article 227 to overturn the order of the District Judge dismissing a Section 34 petition. The Court observed that the interpretation of Section 42 of the A&C Act by the District Judge was completely erroneous and that the petition could only have been filed in the High Court. The …

Contempt Of Courts Act | Appeal u/s 19 Maintainable Against Directions Regarding Merits Of Dispute Even If There's No Punishment Order: Supreme Court
7 months, 3 weeks ago

Contempt Of Courts Act | Appeal u/s 19 Maintainable Against Directions Regarding Merits Of Dispute Even If There's No Punishment Order: Supreme Court

Live Law  

On December 24, 2019, the division bench of the high court stated that the respondent must be reinstated in service with all consequential benefits. However, the division bench rejected the Letters Patent Appeal as not being maintainable stating that the appeal would not be maintainable since no punishment was imposed by the single judge and the observations made by the …

Winding Up Proceedings On Nascent Stage , To Be Transferred To NCLT: Delhi High Court
10 months ago

Winding Up Proceedings On Nascent Stage , To Be Transferred To NCLT: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Dharmesh Sharma held that winding up proceedings pending before High Courts, which are at a nascent stage and have not progressed to an advanced stage, ought to be transferred to the NCLT. The bench held that: “It is but evident that the present company petition has not yet reached an advanced stage and …

Customs Deputy Commissioner's Order Contrary To AAR's Ruling, Bombay High Court Quashes
1 year, 3 months ago

Customs Deputy Commissioner's Order Contrary To AAR's Ruling, Bombay High Court Quashes

Live Law  

The Bombay High Court has quashed the customs deputy commissioner's order contrary to the ruling passed by the Authority of Advance Ruling.The bench of Justice G.S. The Bombay High Court has quashed the customs deputy commissioner's order contrary to the ruling passed by the Authority of Advance Ruling. Kulkarni and Justice Jitendra Jain has observed that the ruling passed by …

Delhi High Court dismisses China-funded NewsClick’s plea challenging orders passed by Income Tax Dept, demanding stay: Details
1 year, 3 months ago

Delhi High Court dismisses China-funded NewsClick’s plea challenging orders passed by Income Tax Dept, demanding stay: Details

Op India  

The Delhi High Court has dismissed the News Portal NewsClick plea challenging the orders dated November 3 and February 20 passed by the Income Tax Department and said it has not been able to make out a prima facie case in its favour. Newclick recently approached the Delhi High Court, challenging the orders dated November 3rd and February 20th, passed …

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 Suspension Of License, Issued To Customs House Agent, Finding Order Illegal
1 year, 4 months ago

Delhi High Court Quashes Suspension Of License, Issued To Customs House Agent, Finding Order Illegal

Live Law  

The Delhi High Court has held that there was proper verification on the part of the Customs House Agent with regard to the genuineness of the Importer-Exporter Code as well as GSTIN.The bench of Justice Yashwant Varma and Justice Dharmesh Sharma observed that mere allegations that some other person was importing goods in the name of the importers, whose names …

CBIC Circulars Are Binding On Service Tax Dept, Violations Will Make Actions Illegal: Jharkhand High Court
1 year, 4 months ago

CBIC Circulars Are Binding On Service Tax Dept, Violations Will Make Actions Illegal: Jharkhand High Court

Live Law  

The Jharkhand High Court has held that the circulars or instructions issued by the Central Board of Indirect Taxes and Customs are legally binding on the department, and their violation will make the actions of the respondent illegal and ex-facie bad in law.The bench of Justice Rongon Mukhopadhyay and Justice Deepak Roshan has observed that the Department has violated Clauses …

Delhi High Court Limits Adjustment Of Tax Refunds Against Disputed Demands At 20%
1 year, 6 months ago

Delhi High Court Limits Adjustment Of Tax Refunds Against Disputed Demands At 20%

Live Law  

The Delhi High Court has limited the adjustment of tax refunds against disputed demands to 20%.The bench of Justice Rajiv Shakdher and Justice Girish Kathpalia has observed that the action of the AO in adjusting the refund due to the petitioner/assessee for AY 2022–23 against the disputed demands for AYs 2011–12, 2012–13, and 2014–15 was not only hasty but was …

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 …

HC contempt order on senior officials of Delhi govt
1 year, 11 months ago

HC contempt order on senior officials of Delhi govt

Hindustan Times  

The Delhi high court has held the city chief secretary, special commissioner, and the labour secretary guilty of contempt of court for willfully disobeying orders passed by its division bench in December 2017. In the order passed on April 21, justice Rekha Palli noted that even though the government’s review petition and the special leave petition filed in the Supreme …

Payment Of Tax And Penalty To Release Detained Goods Can’t Be Treated As “Admission” On The Part Of Assessee: Delhi High Court
2 years, 2 months ago

Payment Of Tax And Penalty To Release Detained Goods Can’t Be Treated As “Admission” On The Part Of Assessee: Delhi High Court

Live Law  

The Delhi High Court has held that the payment of tax and penalty to release the detained goods shall not be treated as "admission" on the part of the assessee.The division bench of Justice Vibhu Bakhru and Justice Amit Mahajan has observed that the petitioner had paid the tax and penalty for the release of the goods and that the …

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 …

'Large Pendency, Lack Of Uniform Method Of Prioritization': Delhi High Court Issues Directions For Expeditious Disposal Of Cases In Consumer Forums
2 years, 4 months ago

'Large Pendency, Lack Of Uniform Method Of Prioritization': Delhi High Court Issues Directions For Expeditious Disposal Of Cases In Consumer Forums

Live Law  

Taking note of the large pendency and lack of a uniform method for prioritisation of cases in the district consumer forums, the Delhi High Court has issued directions for ensuring expeditious disposal of the consumer mattersJustice Pratibha M Singh directed the Registrars of concerned district forums to start listing final matters, where evidence has been concluded, for hearing at 2:30 …

Article 226 | Court Cannot Re-Appreciate Evidence Already Considered By Departmental Authorities: Delhi High Court
2 years, 7 months ago

Article 226 | Court Cannot Re-Appreciate Evidence Already Considered By Departmental Authorities: Delhi High Court

Live Law  

The Delhi High Court has held that it cannot, while exercising jurisdiction under Article 226 or 227 of the Indian Constitution, in cases of departmental enquiries, re-appreciate evidence which has already been reasonably considered by the departmental authorities. A bench of Justice Chandra Dhari Singh also noted that it was not up to the High Court to adjudge upon the …

"Big Fish Are Not Caught, You Are After Small Level Employee" : Supreme Court Grants Relief To Class-4 Officer Against Dismissal Order
2 years, 8 months ago

"Big Fish Are Not Caught, You Are After Small Level Employee" : Supreme Court Grants Relief To Class-4 Officer Against Dismissal Order

Live Law  

Orally remarking that "missing from duty is a major misconduct in paramilitary forces or the army, but may not be so in a civilian employment", the Supreme Court last week criticised the Central Government for imposing the penalty of dismissal from service for unauthorised absence from duty on a Grade-IV employee in the Ministry of Steel. As regards to the …

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 …

Prosecution For Customs Duty Evasion Can't Be Initiated As The Valuation Of The Goods Is Less Than Rs.1 Crore: Delhi High Court
2 years, 9 months ago

Prosecution For Customs Duty Evasion Can't Be Initiated As The Valuation Of The Goods Is Less Than Rs.1 Crore: Delhi High Court

Live Law  

The Delhi High Court has ruled that the prosecution of the petitioner cannot be initiated under Section 135 of the Customs Act as valuation of the goods is less than Rs.1 Crore. The Director of Revenue Intelligence filed a criminal complaint under Section 132 and 135 of the Customs Act, before the Trial Court. The petitioner stated that there was …

Appeal Against CESTAT Order, On Classification Of Goods, And Determination Of Customs Duty Lies Before The Supreme Court: Bombay High Court
2 years, 11 months ago

Appeal Against CESTAT Order, On Classification Of Goods, And Determination Of Customs Duty Lies Before The Supreme Court: Bombay High Court

Live Law  

The Bombay High Court has ruled than an appeal from an order passed by the Customs, Excise & Service Tax Appellate Tribunal, involving the question with respect to classification of goods under the Customs Act, 1962, would lie before the Supreme Court under Section 130E of the Customs Act, since it is primarily related to determination of the rate of …

Customs Department Files Review Petition Against Supreme Court's Judgment In Canon India
3 years ago

Customs Department Files Review Petition Against Supreme Court's Judgment In Canon India

Live Law  

The Customs Department has filedReview Petition against a 2021 Supreme Court Judgment in Canon India Private Ltd. versus Commissioner of Customs, which had held that officers of the Directorate of Revenue Intelligence do not have powers under the Customs Act,1962. The Review Petition against the judgment in Canon India was listed before a Supreme Court Bench consisting of Chief Justice …

Inherent Jurisdiction Of High Court U/S 482 CrPC Can't Be Invoked To Override Bar Of Review U/S 362: Delhi HC
3 years, 1 month ago

Inherent Jurisdiction Of High Court U/S 482 CrPC Can't Be Invoked To Override Bar Of Review U/S 362: Delhi HC

Live Law  

The Delhi High Court has refused to entertain a petition under Section 482 of the Code of Criminal Procedure 1973 for setting aside its own Judgment, citing the bar on review envisaged under Section 362 CrPC. Section 362 stipulates that no Court, when it has signed its Judgment or final order disposing of a case, shall alter or review the …

Delhi High Court Reserves Order On Plea By Future Group Challenging Orders Of Singapore Tribunal Refusing To Terminate Arbitration Proceedings
3 years, 2 months ago

Delhi High Court Reserves Order On Plea By Future Group Challenging Orders Of Singapore Tribunal Refusing To Terminate Arbitration Proceedings

Live Law  

The Delhi High Court will tomorrow pronounce orders on the plea filed by Future Group challenging the two orders passed by Singapore Arbitration Tribunal deferring hearing in it's plea seeking termination of arbitration proceedings after final hearing from January 5 to 8, 2022. Amazon invoked arbitration proceedings in Singapore to halt Future Retail's deal with the Reliance group. Background Justice …

Goods Imported Violating FTDR/DGFT Notifications Are 'Prohibited Goods' Liable For Confiscation Under Customs Act : Supreme Court
3 years, 9 months ago

Goods Imported Violating FTDR/DGFT Notifications Are 'Prohibited Goods' Liable For Confiscation Under Customs Act : Supreme Court

Live Law  

The Supreme Court has held that peas and pulses, which were imported in violation of the notifications of the Central Government and the Director General of Foreign Trade issued under the Foreign Trade Act, are liable to absolute confiscation under Section 125 of the Customs Act as "prohibited goods".The Court granted a relaxation by allowing re-export of the goods. The …

Supreme Court Stays Delhi HC Judgment Which Declared IGST Imposition On Oxygen Concentrators Imported By Individuals As Unconstitutional
3 years, 9 months ago

Supreme Court Stays Delhi HC Judgment Which Declared IGST Imposition On Oxygen Concentrators Imported By Individuals As Unconstitutional

Live Law  

The Supreme Court on Tuesday stayed the Delhi High Court judgment which declared that imposition of Integrated Goods and Services Tax for oxygen concentrators imported by individuals for personal use as unconstitutional.A vacation bench comprising Justices DY Chandrachud and MR Shah was hearing the special leave petition filed by the Ministry of Finance against the Delhi High Court. The Supreme …

Delhi govt withdraws order reserving 100 rooms at The Ashok for HC judges
3 years, 11 months ago

Delhi govt withdraws order reserving 100 rooms at The Ashok for HC judges

India Today  

Hours after being reprimanded by the Delhi High Court, the Delhi government on Tuesday evening said it is withdrawing an order that had allocated 100 rooms in The Ashok for high court judges and judicial officers or the court. DELHI HC REPRIMANDS GOVT Earlier in the day, taking a suo motu cognisance of the controversial order, the Delhi High Court …

Delhi High Court Seeks CBI's Response On Special Court Order For Further Investigation In A Corruption Case Against Maneka Gandhi
4 years, 4 months ago

Delhi High Court Seeks CBI's Response On Special Court Order For Further Investigation In A Corruption Case Against Maneka Gandhi

Live Law  

The Delhi High Court on Friday issued notice to the CBI on BJP MP Maneka Gandhi's plea challenging a trial court order rejecting its closure report in a graft case against her and two others and directing further investigation in the matter. The then Special Judge CBI at Patiala House Courts while contemplating the said closure report directed for reinvestigation …

Common Order For Summoning In Different Cases Cannot Be Passed When Parties Are Unrelated: Delhi High Court
4 years, 4 months ago

Common Order For Summoning In Different Cases Cannot Be Passed When Parties Are Unrelated: Delhi High Court

Live Law  

The Delhi High Court on Wednesday made it clear that a common order for summoning Respondents, in different cases filed by a common Petitioner, cannot be passed when the Respondent parties are unrelated. The order was quashed on two counts: The parties so summoned, were unrelated; in one of the cases, the offence alleged against the accused related to dishonour …

Delhi HC Suspends The Order of Controller General of Patents, Designs and Trademarks Which Had Directed For Filing of Documents and Fees By June 01 [Read Order]
4 years, 10 months ago

Delhi HC Suspends The Order of Controller General of Patents, Designs and Trademarks Which Had Directed For Filing of Documents and Fees By June 01 [Read Order]

Live Law  

Delhi High Court has suspended the operation of the May 18 order of the Controller General of Patents, Designs and Trademarks, which had directed litigants and advocates to complete various acts/proceedings, filing of any reply/document, payment of fees, etcetera in the matter of any intellectual property applications/actions by 01.06.2020. Challenging the said order, Senior Advocate Chander M Lall submitted that …

No Contempt Against Enforcement Of Lockdown Measures: Delhi HC Dismisses Plea With Rs.10000 Cost To Be Paid To "PM Cares"Fund [Read Order]
4 years, 11 months ago

No Contempt Against Enforcement Of Lockdown Measures: Delhi HC Dismisses Plea With Rs.10000 Cost To Be Paid To "PM Cares"Fund [Read Order]

Live Law  

The Delhi High Court on Wednesday imposed costs on a charitable trust seeking extension of validity of the passes issued to it for movement during the lockdown for distributing essential commodities. "It is not for the petitioner to treat itself as an "appropriate mechanism" for supply of essential commodities," the court held. The Civilian Welfare and Development Trust had filed …

Delhi HC Issues Notice On Court Master's Plea Against His Removal For Allegedly Tampering With SC Order In Anil Ambani Case
5 years, 1 month ago

Delhi HC Issues Notice On Court Master's Plea Against His Removal For Allegedly Tampering With SC Order In Anil Ambani Case

Live Law  

Delhi High Court has issued a notice in a plea challenging the removal of a Court Master in Supreme Court who was allegedly found tampering with the apex court's order in Anil Ambani contempt case. The notice has been issued to Delhi Police by the Single Bench of Justice Suresh Kumar KaitThe moot question raised by the petition is that …

Delhi HC Notice To AAP Govt For Not Doing Enough To Enable Consumers Benefit From Consumer Protection Act [Read Order]
6 years, 3 months ago

Delhi HC Notice To AAP Govt For Not Doing Enough To Enable Consumers Benefit From Consumer Protection Act [Read Order]

Live Law  

The Delhi High Court has asked the Delhi government to show cause why rule nisi be not issued against it for its failure to take effective steps to fill up vacancies, adopting summary procedures and providing infrastructure in the various consumer forums to ensure speedy disposal of consumer complaints under the Consumer Protection Act, which is a beneficial legislation.A bench …

Former transport minister Thomas Chandy moves Supreme Court against High Court order
7 years, 4 months ago

Former transport minister Thomas Chandy moves Supreme Court against High Court order

Deccan Chronicle  

New Delhi: Former transport minister Thomas Chandy has moved the Supreme Court for quashing the High Court order, which criticised him for suing his own government disregarding the Cabinet’s collective responsibility, and encroaching government land. Mr Chandy said the HC had erred in applying the principle of collective responsibility of Council of Ministers, which is irrelevant and extraneous for disposing …

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 …

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 …

Punjab & Haryana HC Slams Govt For Not Executing Orders In Time [Read Order]
8 years, 4 months ago

Punjab & Haryana HC Slams Govt For Not Executing Orders In Time [Read Order]

Live Law  

The Punjab and Haryana High Court has slammed the state while observing that in a large number of cases, orders passed by the writ court are not being complied with within the stipulated time frame. The court also warned that exemplary costs would be deducted from the salary of erring officials.In a case dealing with land acquisition, petitioner Delhi Fransalian …

Delhi HC slams Customs Department for disobeying Court orders, imposes 10,000 as costs [Read Order]
8 years, 7 months ago

Delhi HC slams Customs Department for disobeying Court orders, imposes 10,000 as costs [Read Order]

Live Law  

Delhi High Court on Wednesday slammed the Customs Department for disobeying High Court and Supreme Court rulings, on the issue of duty payable on imported goods.The Bench comprising Justice S. Muralidhar and Justice Najmi Waziri, noted it to be “another instance of open defiance of the law and the judgments of the Courts by a statutory authority vested with both …

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