Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
Delhi High Court Declines Jurisdiction, Petitioners Withdraw: Punjab and Haryana High Court Advised for Resolution In SLP(Crl) Nos. 7443/2023 and 7444/2023, the Delhi High Court determined it lacked jurisdiction to entertain the petition, leading the petitioners to ...
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Delhi High Court Declines Jurisdiction, Petitioners Withdraw: Punjab and Haryana High Court Advised for Resolution
In SLP(Crl) Nos. 7443/2023 and 7444/2023, the Delhi High Court determined it lacked jurisdiction to entertain the petition, leading the petitioners to withdraw their petitions with liberty to approach the High Court of Punjab and Haryana. The High Court advised expeditious consideration by the Punjab and Haryana High Court, preserving all contentions. The Writ Petitions pending before the Delhi High Court were deemed infructuous due to the withdrawal of the petitions.
Issues involved: Jurisdiction of High Court to entertain petitions, maintainability of petitions, withdrawal of petitions with liberty to approach another High Court.
Judgment Details:
Issue 1: SLP(Crl) Nos. 7396/2023 and 7384/2023 [2023 (6) TMI 503 - DELHI HIGH COURT] The Supreme Court noted that the respondents may file their objections to the petitions, even though the learned ASG argued against the impugned order's justification. The proceedings before the High Court were scheduled for consideration on 05.07.2023, allowing parties to present their contentions. The Court refrained from expressing an opinion on the Order dated 09.06.2023 at this juncture. It was clarified that if the High Court proceeds with the matter, it should do so on its own merits and in accordance with the law, independent of any previous observations. The Court listed the petitions for further consideration after two weeks to enable respondents to file objections, emphasizing that the pendency of these petitions should not hinder the High Court's proceedings.
Issue 2: SLP(Crl) Nos. 7443/2023 and 7444/2023 [2023 (6) TMI 1315 - DELHI HIGH COURT] The petitioners challenged an order dated 16.06.2023 where the High Court of Delhi prima facie determined that it lacked jurisdiction to entertain the petition, deeming it not maintainable. Despite the petitioners' argument that they were arrested in Delhi, the High Court held that since the Trial Court in Panchkula had already issued a remand order, the petition was not maintainable in Delhi. The petitioners, in the interest of their clients, sought to withdraw the petitions and approach the High Court of Punjab and Haryana with a fresh petition, preserving all contentions made before the Delhi High Court. The petitions were disposed of as withdrawn with liberty to approach the High Court of Punjab and Haryana. The High Court of Punjab and Haryana was advised to consider hearing the petitioners expeditiously, given their previous approach to another High Court. All contentions from both parties were left open to be argued before the High Court of Punjab and Haryana.
Separate Judgment: The Writ Petitions bearing W.P. (Crl.) 1770/2023 and W.P.(Crl.) No. 1771/2023 pending before the High Court were deemed infructuous due to the disposal of the instant petitions, which the High Court was requested to acknowledge.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
AI Drafter ✕
Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter. 
of 
TaxTMI 
