Delhi High Court
'Mere Prospect Of Filing Review Not Grounds To Hold Seized Goods': Delhi High Court Orders Customs To Release Woman's Gold Jewellery
The Delhi High Court has granted relief to a Muslim woman whose gold bangles were seized by the Customs Department on return from Mecca and were withheld despite an order of the Adjudicating Authority, directing release.A division bench of Justices Prathiba M. Singh and Shail Jain observed that merely because the Department plans to seek a review of the order for return, as upheld by the Appellate Authority, is not grounds to withhold the return of seized articles.Four gold bangles were seized...
Department Can't Withhold Refund In Terms Of S.54(11) GST Act Unless Appeal Against Refund Order Is Filed: Delhi High Court
The Delhi High Court has made it clear that the power to withhold refund under Section 54(11) of the Central Goods and Service Tax Act 2017 cannot be exercised by the Department in absence of an appeal against the refund order.The provision stipulates that where an order giving rise to a refund is the subject matter of an appeal and the Commissioner is of the opinion that grant of such refund is likely to adversely affect the revenue, he may withhold the refund after giving an opportunity of...
Govt Notifications Imposing Restrictions On Usage In Contracts For Supply Of Gas Are Laws Under Article 12, Must Be Complied With: Delhi HC
The Delhi High Court, while dismissing a Section 34 petition, observed that the five contracts entered into between the parties were subject to the restrictions imposed by the Government. By providing the gas at a subsidised price, the Government has the authority to regulate the use of such gas. The bench of Justice Subramonium Prasad held that the Ministry of Petroleum and Natural Gas (“MoPNG”) had apprised the Petitioner of the Government's policy concerning the usage of APM gas....
'Total Non-Application Of Mind': Delhi High Court On Dept's Rejection Of Trader's Plea For GST Cancellation, Subsequent Cancellation Order
The Delhi High Court recently expressed its disapproval with the GST Department for rejecting a trader's application for retrospective cancellation of his GST registration on medical grounds, and later cancelling his registration with retrospective effect.Stating that this approach reflects a “complete non-application of the mind”, a division bench of Justices Prathiba M. Singh and Shail Jain directed the Department to adjudicate both the issues afresh. It observed,“Clearly, the Petitioner...
Import Of Counterfeit iPhones Dilutes Brand Equity, Affects Consumer Welfare: Delhi High Court In Customs Fraud Case
The Delhi High Court has expressed concern over alleged import of counterfeit iPhones, stating that such imports not only affect brand owners but also adversely affect consumer welfare— as old and used products could get re-branded as new ones.A division bench of Justices Prathiba M. Singh and Shail Jain thus observed,“Consumers in India may be made to pay more for used, second hand or counterfeit products under the impression that they are original branded products. Such imports also have an...
Delhi High Court Orders Blocking Of Sci-Hub, Mirror Websites In India In Publishers' Copyright Infringement Suit
The Delhi High Court has ordered blocking of shadow library website Sci-Hub and its mirror websites in India in a copyright infringement suit filed by publishing houses Elsevier, Wiley and American Chemical Society.Justice Manmeet Pritam Singh Arora directed the DoT and Union Ministry of Information and Technical to issue a notification calling upon the various internet and telecom service providers to block access to Sci-Hub and its mirror websites available at www.sci-hub.se,...
Delhi High Court Issues Notice On Plea Challenging Appointment Of Ex-Railway Officials As Arbitrators In Railway Dispute
The Delhi High Court bench comprising Justice Amit Bansal has issued notice in a petition filed under Section 14 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”), seeking termination of the mandate of the Standing Arbitral Tribunal (“SAT”) constituted by the Union of India, West Central Railway (“Respondent”) in view of the ruling of the Supreme Court in Central Organisation for Railway Electrification v. ECI SPIC SMO MCML (JV). Background Facts The matter arose...
Being 'Sick And Infirm' Not Automatic Passport For Bail In PMLA, Medical Plea Can't Override Gravity Of Offence: Delhi High Court
Underscoring that being “sick and infirm” is not an automatic passport for bail in PMLA cases, the Delhi High Court has observed that medical plea cannot override the gravity of offence of money laundering. Justice Ravinder Dudeja observed that illness warrants bail only when treatment in custody is clearly inadequate. “Therefore, the medical plea cannot override the gravity of the offence, societal interest, and the statutory rigour governing such matters,” the Court said. The judge made the...
Mere Delay In Uploading Demand Order On GST Portal Doesn't Make Action Time Barred If Service Via Email Is Proved: Delhi High Court
The Delhi High Court recently observed that usually there is a gap between the passing of a demand order by the GST Department and uploading of Form DRC-07 (summary of order) on the official portal.A division bench of Justices Prathiba M. Singh and Shail Jain however refused to infer such a gap as rendering the demand order time-barred, in view of the fact that the demand was served upon the assessee in question via email.The bench observed,“Prima-facie this Court is of the opinion that e-mail...
Failure To Frame Counter Claim As An Additional Issue When It Forms Part Of Pleadings Is Patently Illegal: Delhi High Court
The Delhi High Court Bench of Justice Jasmeet Singh has observed that once the reasons/basis for a counter claim, the amount and computation of the counter claim had been made in the Reply, it does not matter if there is no specific prayer in the prayer clause. In such a scenario, an arbitral award refusing to frame an issue for the counter claim would be patently illegal and would be against the fundamental policy of Indian Law. Facts The present petition was filed under section...
Interim Injunction U/S 9 Of Arbitration Act Cannot Be Granted To Prevent Convening Of Meeting For Removal Of Director: Delhi High Court
The Delhi High Court bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar has observed that an interim injunction under section 9, Arbitration and Conciliation Act, 1996 (“ACA”) cannot be granted to prevent convening of extraordinary general meeting for removal of a director as it effectively amounts to grant of final relief and impinges upon statutory powers conferred to a Company under the Companies Act, 2013. Facts The present appeals were filed by the Appellant...
Timeline Prescribed For Filing Statement Of Defence Under Rule 18(3) Of Indian Council Of Arbitration Rules Is Directory In Nature: Delhi HC
The Delhi High Court bench of Justice Manoj Jain has held that the timeline prescribed under Indian Council of Arbitration Rules, 2024 for filing a Statement of Defence by the respondent is directory in nature and can be extended by the Arbitral Tribunal if a sufficient cause is established. The Petitioner challenges an order passed by the Arbitral Tribunal by which it declined to accept the request of the petitioner to close the respondent's rights to file a statement of defence or ...