'NOC For Inter-Country Adoption Held Up For Over 4 Years': Delhi High Court Directs CARA To Take Steps Within 4 Weeks

The Delhi High Court recently came to the rescue of an Australia-based couple, who were precluded from taking their adopted son back to the country for over 4 years, due to inaction of CARA (Central Adoption Resource Authority).Justice Sachin Datta observed that the Adoption Deed was executed in 2020 and thus directed the Authority to forthwith issue a NOC enabling the Petitioner-couple to...

Valuation Of Company's Unquoted Equity Shares By 'Discounted Cash Flow' Method Permissible Under Income Tax Rules: Delhi High Court

The Delhi High Court recently rejected the appeal preferred by the Income Tax Department against an ITAT order allowing the valuation of a software company's unquoted equity shares by discounted cash flow [DCF] method.In doing so, a division bench of Justices Vibhu Bakhru and Tejas Karia held that DCF method “is one of the methods that can be adopted by the Assessee under Rule 11UA(2)(b) of...

Jurisdiction Of Arbitral Tribunal Continues Despite Provisional Attachment Of Assets Under PMLA Or Parallel Proceedings: Delhi High Court

The Delhi High Court bench of Justice Amit Mahajan has held that the mere reference to certain assets in a provisional attachment order does not, by itself, oust the jurisdiction of the arbitral tribunal. Similarly, the pendency of parallel investigations by the CBI or ED into allegations of fraud does not bar the arbitrator from adjudicating the dispute. Arbitration proceedings...

'File Movement' & 'Change In Counsel' Not Sufficient Cause For Condonation Of Delay In Filing S.37 Arbitral Appeals: Delhi High Court

The Delhi High Court bench comprising Justice Prathiba M. Singh and Justice Rajneesh Kumar Gupta has held that mere movement of file and change in counsel due to administrative issues does not constitute “sufficient cause” to condone inordinate delay in filing an appeal under Section 37 of the Arbitration and Conciliation Act, 1996.The court reiterated that for appeals under Section 37...

GST | Separate Demands For Reversal Of Availed ITC & Utilisation Of ITC Is Prima Facie Duplication Of Demand: Delhi High Court

The Delhi High Court has observed that demand raised against an assessee qua reversal of availed Input Tax Credit (ITC) and qua utilisation of ITC prima facie constitutes double demand.A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta thus granted liberty to the Petitioner-assessee to approach the Appellate Authority against such demand, and waived predeposit qua demand...

Arbitration Clause Allowing MD To Appoint Sole Arbitrator After Failure Of Appointment By Mutual Consent Violates SC's Order: Delhi High Court

The Delhi High Court bench of Justice Jyoti Singh has held that the clause in question indeed contemplates the appointment of an Arbitrator by mutual consent; however, in the event of failure, it vests the power of appointing a Sole Arbitrator with the Managing Director of Respondent No. 1. It further held that the Company acting through its Managing Director will have interest...

Recourse To External Correspondences To Interpret Clause Despite Clear & Unambiguous Terms Amounts To 'Patent Illegality': Delhi High Court

The Delhi High Court bench comprising Justice Vibhu Bakhru and Justice Tejas Karia has held that when the language of the contract is plain, clear and unambiguous, recourse to internal aids of interpretation or extraneous materials such as negotiations and correspondence is impermissible. “Ignoring an explicit clause of the contract or acting contrary to the terms of the contract...

Delhi High Court Calls For Finalized Plan On Construction Of Foot-Over Bridge For Rajputana Rifles Soldiers Compelled To Pass Through Drain

The Delhi High Court on Wednesday called for a fianlized plan from the city authorities on the construction of a foot-over bridge for soldiers of the Rajputana Rifles who have to pass through a filthy drain every morning while marching out of their barracks for heading towards the parade ground.A division bench comprising Justice Prathiba M Singh and Justice Manmeet Pritam Singh Arora...

Dishonour Of Cheque Due To Subsequent Freezing Of Drawer's Bank Account Can't Lead To Prosecution U/S 138 NI Act: Delhi High Court

The Delhi High Court recently granted relief to an entity being prosecuted under Section 138 of the Negotiable Instruments Act 1881, for dishonor of a cheque issued by it— due to subsequent freezing of its bank account.Justice Ravinder Dudeja observed that under Section 138 of the NI Act, an offence is committed when a cheque is returned unpaid due to insufficient funds in the...

Delhi High Court Upholds Right To Travel Abroad, Permits Duo Allegedly Involved In ₹1626.74 Crore Bank Fraud To Visit Children In USA

The Delhi High Court recently permitted two persons, allegedly involved in Rs.1626.74 crore bank fraud, to visit their children in the USA.In doing so, Justice Harish Vaidyanathan Shankar not only cited the fundamental right to travel under Article 21 of the Constitution but also noted that the LOC against them stood suspended.Moreover, though the Supreme Court had directed the Punjab...

Motor Accident Tribunal Must Adjust Tax, Other Deductions Before Assessing Income Of Deceased To Determine Compensation: Delhi High Court

The Delhi High Court has held that the Motor Accident Claims Tribunal must deduct the income tax and other statutory obligations from the income of the deceased, for determining the compensation payable to the kin.Justice Amit Mahajan relied on Sarla Verma and Ors. v. Delhi Transport Corporation and Anr.: (2009) where the Sypreme Court held that for calculating compensation, the income of...

Once Right To File Written Statement Is Closed, Application U/S 8 Of Arbitration Act Can't Be Entertained: Delhi High Court

The Delhi High Court bench of Justices Shalinder Kaur and Navin Chawla has held that once the right to file a written statement is closed, an application under Section 8 of the Arbitration and Conciliation Act seeking reference to arbitration is not maintainable. Brief Facts: This Regular First Appeal under Section 13 of the Commercial Courts Act, 2015 challenges the judgment...