Delhi High Court Annual Digest 2024: Part III [Citations 801 - 1200]

High Court Asks Delhi Govt To Implement Hybrid Courts Project On Priority Basis, Says No Cabinet Approval Required

Case Title: ANIL KUMAR HAJELAY & ORS. v. HON'BLE HIGH COURT OF DELHI

Citation: 2024 LiveLaw (Del) 801

The Delhi High Court has recently directed the Delhi Government to expedite grant of financial sanction of Rs. 387 crores and to implement on priority basis the project for having hybrid hearing in the 691 Courts in the national capital.

'High Time To Think What DDA Has Done To Delhi': High Court Expresses Displeasure Over Failure To Beautify District Park

Title: SAHIL VIKLANG SAHAYTARTHA SAMITI & ANR. v. DELHI DEVELOPMENT AUTHORITY

Citation: 2024 LiveLaw (Del) 802

The Delhi High Court has castigated the Delhi Development Authority (DDA) for failing to take any time-bound beneficial measures for beautification of a District Park in the national capital, observing there is no proper concrete walking track or multi game courts there.

“Unhesitatingly, it is manifest that the respondent/DDA does not know what to do with this site in question. Is it not high time that the respondent/DDA must ponder over what they have done to this city in terms of providing recreational activities open to all? How they intend to make Delhi a "smart city"?,” Justice Dharmesh Sharma said.

Interim Measures U/s 17 Of Arbitration Act Affecting Third-Party Rights Is Appealable: Delhi High Court

Case Title: Assets Care And Reconstruction Enterprise Limited Vs Domus Greens Private Limited & Ors.

Citation: 2024 LiveLaw (Del) 803

The Delhi High Court bench of Justice Jasmeet Singh has held that a third party, whose rights for a registered charge are affected by an arbitral award, can challenge such award under Section 37 of the Arbitration and Conciliation Act, 1996.

Delhi High Court Declines PIL Against YouTube Vloggers Uploading Videos Of Women, Minor Girls Without Consent

Title: AMITA SACHDEVA & ORS. v. NATIONAL COMMISSION FOR WOMEN & ORS

Citation: 2024 LiveLaw (Del) 804

The Delhi High Court has recently refused to entertain a public interest litigation (PIL) seeking removal of videos of women and minor girls uploaded on YouTube without their consent.

The PIL was withdrawn as the division bench headed by Acting Chief Justice Manmohan expressed disinclination to entertain the plea.

Section 11(6) Petition Not Maintainable Without Prior Section 21 Notice In Arbitration Proceedings: Delhi High Court

Case Title: M/S Kotak Mahindra Prime Ltd Vs Manav Sethi & Anr.

Citation: 2024 LiveLaw (Del) 805

The Delhi High Court bench of Justice C. Hari Shankar has held that a Section 11(6) petition under Arbitration and Conciliation Act, 1996 is not maintainable unless it is preceded in the first instance by a Section 21 notice.

Delhi High Court Upholds Demolition Of Shiv Temple Near Yamuna Flood Plains, Says Eco-Sensitive Zone Must Be Protected From Encroachment

Case Title: Pracheen Shiv Mandir Avam Akhada Samiti vs. Delhi Development Authority & Ors

Citation: 2024 LiveLaw (Del) 806

The Delhi High Court upheld the decision of the Single Judge Bench concerning the demolition order issued by the Delhi Development Authority (DDA) for a Shiv Temple located near Yamuna Flood Plains. The court asserted that as the Yamuna River Floodplain is an eco-sensitive zone, it needs to be protected from encroachments and illegal constructions.

Intention To Arbitrate Must Be Assessed Holistically In Transactions Involving Interlinked Agreements, Even If Some Agreements Lack Explicit Arbitration Clauses: Delhi High Court

Case Title: Nishesh Ranjan and Anr. vs Indiabulls Housing Finance Ltd. and Anr.

Citation: 2024 LiveLaw (Del) 807

The Delhi High Court single bench of Justice Pratibha M. Singh held that in a composite transaction involving multiple interlinked agreements, courts should assess the intention to arbitrate holistically and refer disputes to arbitration even if some agreements lack explicit arbitration clauses.

Decree Holder Not Entitled To Interest For Period Between Deposit of amount and its Release : Delhi High Court

Case Title: M/S Ramacivil India Constructions Pvt. Ltd. Vs Union Of India

Citation: 2024 LiveLaw (Del) 808

The Delhi High Court bench of Justice C. Hari Shankar has held that the Decree Holder is not entitled to interest on the amount deposited by the Judgment Debtor for the period between the date of deposit and the date of release permitted by the court.

'Subsequent Shareholders' Do Not Qualify As 'Association Or Body of Individuals' Under Section 2(1)(f)(iii) Of Arbitration Act: Delhi High Court

Case Title: M/S Ktc India Pvt. Ltd Vs Randhir Brar & Ors

Citation: 2024 LiveLaw (Del) 809

The Delhi High Court bench of Justice Prateek Jalan has held that “subsequent shareholders,” each holding a specific number of shares and having the right to exit the company under defined conditions while undertaking individual rights and obligations, do not qualify as an "association or body of individuals" under Section 2(1)(f)(iii) of the Arbitration and Conciliation Act, 1996.

Arbitrator Must Determine Validity Of Coercion Claims In Settlement Agreements, Termination Of Arbitration Improper: Delhi High Court

Case Title: Gae Projects (P) Ltd. Vs Ge T&D India Ltd. (Formerly Alstom T&D India Ltd.)

Citation: 2024 LiveLaw (Del) 810

The Delhi High Court bench of Justice Neena Bansal Krishna has held that claims of coercion or economic duress in a settlement agreement require examination by an arbitrator to determine their validity. The bench held that the Arbitrator's summary dismissal of the claimant's plea and the termination of arbitration proceedings without a trial were improper.

Filing Of Pending Application For Compulsory License Does Not Entitle Applicant To Infringe Owner's Copyright: Delhi High Court

Case Title: Phonographic Performance Limited vs Al-Hamd Tradenation

Citation: 2024 LiveLaw (Del) 811

The Delhi High Court single bench of Justice Mini Pushkarna granted an interim injunction against Al-Hamd Tradenation, restraining it from using Phonographic Performance Limited's copy-righted sound recordings. Even though Al-Hamdhad applied for a compulsory license of those recordings which was pending approval, it was not entitled to use Phonographic Performance Limited's sound recordings without obtaining its license by paying the requisite license fee.

Delhi High Court Orders Removal Of 'Defamatory' YouTube Videos, Articles Against Dhanya Rajendran

Title: DHANYA RAJENDRAN & ANR. v. GALAXY ZOOM INDIA OVT LTD & ORS.

Citation: 2024 LiveLaw (Del) 812

The Delhi High Court has ordered the removal of YouTube videos and news articles containing “defamatory” statements against The News Minute founder, Dhanya Rajendran, in respect of the “Cutting South” event hosted last year.

Not Permissible For TPO To Engage In Restructuring Of Transaction: Delhi High Court

Case Title: CIT Versus A.T. Kearney Ltd.

Citation: 2024 LiveLaw (Del) 813

The Delhi High Court has held that it is not permissible for the Transfer Pricing Officer (TPO) to engage in the restructuring of a transaction.

Concerning That Law Students Are Fighting In Such A Manner: HC Declines Anticipatory Bail To Delhi University Student Accused Of Assaulting Peers

Case title: Priyam Sharma vs. State NCT of Delhi

Citation: 2024 LiveLaw (Del) 814

While refusing anticipatory bail to a law student involved in a fight against other students, the Delhi High Court expressed its dismay at the incident and remarked “It is quite unfortunate that the complainant as well as the petitioner party who are law students have indulged in the fight. It is a matter of great concern that the students of law are fighting in such a manner.”

Re-Examine CCS Rule Denying Maternity Leave To Female Govt Servant Having More Than Two Children: Delhi High Court To Authorities

Title: COMMISSIONER OF POLICE AND ANR v. RAVINA YADAV AND ANR

Citation: 2024 LiveLaw (Del) 815

The Delhi High Court has said that it expects the government authorities to re-examine the sustainability of Rule 43 of the CCS(Leave) Rules which denies maternity leave to a female government servant if she has more than two surviving children.

Delhi Riots: High Court Orders CBI Investigation Into Death Of Man Forced To Sing National Anthem

Title: Kismatun v. State

Citation: 2024 LiveLaw (Del) 816

The Delhi High Court has transferred to Central Bureau of Investigation (CBI) the investigation into the death of 23 year-old Faizan, who was allegedly forced to sing national anthem during the 2020 North-East Delhi riots.

Justice Anup Jairam Bhambhani allowed the plea moved by Kismatun, Faizan's mother, seeking SIT investigation into her son's death. The plea was filed in 2020.

Delhi High Court Orders Removal Of Social Media Posts Against UPSC Qualification Of Lok Sabha Speaker Om Birla's Daughter

Title: Anjali Birla v. X Corp. and Ors.

Citation: 2024 LiveLaw (Del) 817

The Delhi High Court has ordered removal of social media posts against IRPS Officer and Lok Sabha Speaker Om Birla's daughter, Anjali Birla, alleging that she cleared UPSC exam in her first attempt by indulging in corrupt practices and misusing her father's position.

Act of God Does Not Justify Retention Of Performance Bank Guarantee Without Suffering Legal Injury: Delhi High Court

Case Title: M/s Ntpc Vidyut Vyapar Nigam Ltd Vs Oswal Woolen Mills Ltd

Citation: 2024 LiveLaw (Del) 818

The Delhi High Court bench of Justice Rajiv Shakdher and Justice Amit Bansal has held that a force majeure event specifically an Act of God beyond the control of the concerned party doesn't require retention of performance bank guarantee.

Disputed Contract, Can't Be Challenged U/s 34 Of Arbitration Act Unless finding are Unreasonable: Delhi High Court

Case Title: Noble Chartering Inc. vs Steel Authority of India Ltd.

Citation: 2024 LiveLaw (Del) 819

The Delhi High Court division bench of Justice Vibhu Bakhru and Justice Tara Vitasta Ganju held that the interpretation of a disputed contract falls within the arbitral tribunal's domain and is not subject to challenge under Section 34 of the Arbitration and Conciliation Act, 1996 unless the interpretation is unreasonable.

Courts Can't Undertake Independent Assessment Of Award In Appeal U/s 37 Of Arbitration Act: Delhi High Court

Case Title: M/s BPL Limited vs M/s Morgan Securities & Credits Pvt. Ltd.

Citation: 2024 LiveLaw (Del) 820

The Delhi High Court division bench of Justice Yashwant Varma and Justice Dharmesh Sharma reiterated that while entertaining an arbitration appeal under Section 37 of the Arbitration Act, the role of a court is limited to ascertaining whether the exercise of power under Section 34 has exceeded the scope of the provision. In such cases, the High Court held that courts cannot undertake an independent assessment of the merits of the award.

Educational Institutions Are Strong Pillars Of Democracy, Can't Be Machines Producing Individuals Chasing Marks Or Degrees: Delhi High Court

Title: SH. RITESH KUMAR v. JAWAHARLAL NEHRU UNIVERSITY

Citation: 2024 LiveLaw (Del) 821

The Delhi High Court has recently observed that schools, universities and academic institutions are strong pillars of democracy as well as the entire country and are not meant to be machines producing individuals whose aim is only to chase marks, courses or degrees.

Delhi High Court Orders Office Space, E-Library For Public Prosecutors In Each District

Title: Title: COURT ON ITS OWN MOTION v. STATE

Citation: 2024 LiveLaw (Del) 822

Observing it is high time to adapt to technological advances, the Delhi High Court has directed the Delhi Government to create digital library for public prosecutors in each district in the national capital.

Information Seeker Has No Locus Standi In Penalty Proceedings Against Public Information Officer U/S 20 Of RTI Act: Delhi High Court

Title: SH SUNNY SACHDEVA v. ACP NORTH RTI CELL AND ANR

Citation: 2024 LiveLaw (Del) 823

The Delhi High Court has recently observed that an information seeker has no locus standi in the penalty proceedings initiated against a Public Information Officer, under Section 20 of the Right to Information Act, 2005.

Objections On Sunehri Bagh Masjid Removal Will Be Considered As Per Law: NDMC To Delhi High Court

Title: ABDUL AZIZ v. NEW DELHI MUNICIPAL COUNCIL & ORS.

Citation: 2024 LiveLaw (Del) 824

The New Delhi Municipal Council (NDMC) has informed the Delhi High Court that the public objections against the proposed removal of Sunehri Bagh mosque will be considered in accordance with law.

Delhi High Court Rejects Textile Firm's Sindhi Breakdown Of Word "Adidas" To Defend Trademark Infringement Suit

Case title: ADIDAS AG v KESHAV TULSIANI AND ORS.

Citation: 2024 LiveLaw (Del) 825

The Delhi High Court recently permanently restrained a textile firm and its partners from using the 'Adidas' mark, after the German sports and apparel wear company filed a trademark infringement lawsuit.

Plea To Quash FIR Lodged Under IPC If Filed After July 1 Should Be Governed By BNSS: Delhi High Court

Title: SH. ANUPAM GAHOI v. STATE (GOVT. OF NCT OF DELHI) AND ANR

Citation: 2024 LiveLaw (Del) 826

The Delhi High Court has recently quashed a matrimonial case filed against a husband by his wife in 2018 while treating his plea for quashing of the FIR filed under Code of Criminal Procedure (CrPC) under the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS).

[RTI Act] Delhi HC Denies Son's Plea For Details Of Deceased Father's Bank Locker, Says 'Larger Public Interest' Doesn't Include Individual Interests

Case title: RAVI PRAKASH SONI v CENTRAL INFORMATION COMMISSION AND ORS.

Citation: 2024 LiveLaw (Del) 827

The Delhi High Court recently dismissed an appeal against a single-judge bench's order upholding the Central Information Commission's (CIC) refusal to grant information to a man pertaining to a bank locker of his deceased father under the Right To Information (RTI) Act, 2005.

Delhi High Court Discharges Man In Contempt Case For Defaming Judges On Social Media, Imposes ₹1 Lakh Fine

Title: SUDHA PRASAD v. UDAY PAL SINGH

Citation: 2024 LiveLaw (Del) 828

Accepting unconditional apology, the Delhi High Court has discharged a man who was held guilty of criminal contempt of court for posting a video on social media defaming the judges and claiming that they were doing “illegal acts.”

Delhi High Court Grants Interim Injunction To Restrain Friends Inc. From Using 'PETER ENGLAND' Trademark

Case Title: Aditya Birla Fashion and Retail Limited vs Friends Inc. and Anr.

Citation: 2024 LiveLaw (Del) 829

The Delhi High Court single bench of Justice Mini Pushkarna granted an interim injunction to restrain Friends Inc., an apparel store, from using the registered trademark “PETER ENGLAND” owned by Aditya Birla Retail and Fashion Limited. It was held that Aditya Birla Retail was likely to suffer irreparable harm in case an injunction was not granted.

Misunderstanding Of Basic Contractual Framework Vitiates Arbitral Award: Delhi High Court

Case Title: Trans Engineers India Private Limited Vs Otsuka Chemicals (India) Private Limited

Citation: 2024 LiveLaw (Del) 830

The Delhi High Court bench of Justice Sachin Datta has held that an award with misreading/misunderstanding of the basic contractual framework vitiates it at its root and makes it vulnerable to challenge under Section 34(2)(b)(ii) and 34(2A) of the Arbitration and Conciliation Act, 1996.

Revoking Suspension Of Customs Broker Licence Can't Restrict Dept. From Inquiring For Imposition Of Penalty: Delhi High Court

Case Title: Vijendra Singh Versus Commissioner Of Customs

Citation: 2024 LiveLaw (Del) 831

The Delhi High Court has held that the revoking suspension of license cannot restrict the customs department from inquiring for imposition of penalty.

Evolve Protocol To Scrutinize Pleadings Before Filing: Delhi High Court To MCD

Title: MUNICIPAL CORPORATION OF DELHI v. M/S RAM NIWAS GOEL

Citation: 2024 LiveLaw (Del) 832

The Delhi High Court has directed the Municipal Corporation of Delhi (MCD) to evolve a protocol to scrutinize the pleadings and averments before they are filed in courts and ensure that they align with the law of the land.

Delhi High Court Refuses To Stay Netflix Release Of 'Tribhuvan Mishra CA Topper' Show On ICAI's Plea

Title: THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA & ORS v. NETFLIX ENTERTAINMENT SERVICES INDIA LLP & ORS.

Citation: 2024 LiveLaw (Del) 833

The Delhi High Court has recently refused to stay the release of “Tribhuvan Mishra CA Topper” show on OTT platform Netflix. In an order passed on July 16, Justice Navin Chawla saw trailer of the show and observed that it did not refer to the profession of Chartered Accountancy in any manner.

Non-Signatories Can Be Included In Arbitration Beyond Group Company Ties: Delhi High Court

Case Title: Rbcl Piletech Infra Vs Bholasingh Jaiprakash Construction Limited & Ors.

Citation: 2024 LiveLaw (Del) 834

The Delhi High Court bench of Justice C. Hari Shankar has held the inclusion of a non-signatory in arbitral proceedings is not solely dependent on the non-signatory being part of the same group of companies as the signatory.

Citing Inability Of Authorities To Prevent Cattle Feeding On Garbage, Delhi HC Orders Shifting Of Dairies Located Near Landfill Site

Case title: SUNAYANA SIBAL & ORS. v GOVERNMENT OF NCT OF DELHI AND ORS

Citation: 2024 LiveLaw (Del) 835

The Delhi High Court has recently ordered the shifting of the Bhalaswa dairy colony–located near a landfill site, to the Gogha dairy colony within four weeks, after taking note of the “inability of statutory authorities” to prevent cattle from feeding on garbage in the area.

Decide Plea For Payment Of Minimum Stipend To Junior Lawyers Within Six Weeks: Delhi High Court To BCI

Title: Simran Kumari v. BCI & Ors.

Citation: 2024 LiveLaw (Del) 836

The Delhi High Court has directed the Bar Council of India (BCI) to decide within six weeks a representation regarding payment of minimum stipend to junior lawyers hired by advocates and senior advocates.

Delhi HC Refuses To Halt Streaming Of 'To Kill A Tiger' Netflix Documentary In PIL Over 'Disclosure' Of Minor Rape Survivor's Identity

Title: TULIR CHARITABLE TRUST v. UNION OF INDIA & ORS.

Citation: 2024 LiveLaw (Del) 837

The Delhi High Court has refused to stop the streaming of Netflix documentary “To Kill a Tiger" based on the gang-rape of a 13 year old minor victim in a village in Jharkhand.

Ensure Fencing After Removal Of Encroachments Around Yamuna Floodplains: Delhi High Court To DDA Vice Chairman

Title: SD Windlesh v. Union of India & Ors.

Citation: 2024 LiveLaw (Del) 838

The Delhi High Court has directed the Vice Chairman of Delhi Development Authority (DDA) to ensure that there is fencing around the Yamuna River floodplains area as and when unauthorised constructions and encroachments are removed to avoid similar incidents in future.

Services Provided Outside To Indian Customers In Connection With Right To Use Of Process Can't Be Taxed : Delhi High Court

Case Title: The Commissioner Of Income Tax - International Taxation Versus Telstra Singapore Pte Ltd.

Citation: 2024 LiveLaw (Del) 839

The Delhi High Court has held that the receipts from Indian customers for services provided outside' Indian Territory in connection with use or right to use of process or equipment by the assessee company cannot be taxed as royalty.

Burden To Prove Administrative Urgency In Cases Relating To Transfer Of Disabled Employee Lies On Employer: Delhi High Court

Case title: IRCON INTERNATIONAL LTD vs. BHAVNEET SINGH

Citation: 2024 LiveLaw (Del) 840

In a case relating to the transfer of a disabled employee, the Delhi High Court has observed that the provisions of the Rights of Persons with Disabilities Act, 2016 take precedence over any employment and contractual arrangements. The Court stated that disabled employees cannot be transferred unless there is an administrative urgency, with the burden of proving such urgency resting on the employer.

Schools Play Vital Role In Education, Must Ensure Examinee's Documentation Is Completed Within Time: Delhi HC Provides Relief To Class 10, 12 Students

Case Title: BLOOM INTERNATIONAL SCHOOL v CBSE

Citation: 2024 LiveLaw (Del) 841

The Delhi High Court recently directed the Central Board of Secondary Education (CBSE) to open its online portal to accommodate 45 class 10th and 12th students studying in a Delhi school to appear in their improvement and compartmental exams.

Delhi HC Permits Arvind Kejriwal Two Additional Meetings With Lawyers, Says 'Special Situations Call For Special Remedies'

Title: Arvind Kejriwal v. Dept of Delhi Prisons & Anr.

Citation: 2024 LiveLaw (Del) 842

Observing that special situations call for special remedies, the Delhi High Court has allowed the plea moved by Chief Minister Arvind Kejriwal, who is in judicial custody in the alleged liquor policy scam, for granting two additional meetings with his lawyers through virtual conferencing in a week.

Delhi High Court Orders Accused To Do Community Service At Gurudwara, Says Offence Of Outraging Woman's Modesty Can't Be Compromised

Title: SAURAV PORWAL & ANR. V. THE STATE & ANR.

Citation: 2024 LiveLaw (Del) 843

While quashing a 2014 case against two men for allegedly assaulting and outraging modesty of a woman after settlement between them, the Delhi High Court has directed them to do community service of one month in the city's Gurudwara Rakab Ganj Sahib.

Incorrect To Deny MD Seat To Candidate Solely Due To Administrative Fault: Delhi High Court To AIIMS

Case title: DR. CHINMAY ANKLESHWARIA vs. UNION OF INDIA THROUGH MINISTRY OF HEALTH AND FAMILY WELFARE & ORS.

Citation: 2024 LiveLaw (Del) 844

The Delhi High Court observed that denying a MD seat (Doctor of Medicine) to a candidate solely due to administrative fault and inefficiency would be unjust and against the principle of merit-based selection. The Court asserted that filling available vacancies is in the best interests of public health and institutional efficiency.

Delhi High Court Rejects PIL Against Centre's Notification Declaring June 25 As 'Samvidhaan Hatya Diwas'

Title: Samir Malik v. Union of India

Citation: 2024 LiveLaw (Del) 845

The Delhi High Court has dismissed a PIL against a recent notification issued by the Union Government declaring that 25th of June every year be observed as 'Samvidhaan Hatya Diwas' on the anniversary of the proclamation of Emergency in 1975.

Delhi High Court Rules In Favour Of RPF Candidate Denied Job Due To Pregnancy, Orders ₹1 Lakh Costs To Recently Injured Woman Staff

Title: ISHA v. UNION OF INDIA AND ORS.

Citation: 2024 LiveLaw (Del) 846

Ruling in favour of a woman who was denied appointment as a Constable in the Railway Protection Force in 2019 due to her pregnancy, the Delhi High Court imposed Rs. 1 lakh costs on the Central Government to be paid to a lady employee who recently got injured when a portion of the roof in the court building fell on her.

Non-Bailable Warrant U/S 73 CrPC Cannot Be Issued To Produce Accused Before Police For Investigation: Delhi High Court

Case title: LAKSHAY JAISWAL vs. STATE (NCT OF DELHI) & ANR.

Citation: 2024 LiveLaw (Del) 847

The Delhi High Court has ruled that issuance of a non-bailable warrant under Section 73 CrPC by a Magistrate, for the production of the accused before the police for investigation is illegal, as such a warrant could only be issued for the production of the accused before a court.

Failure To Carry Out Physical Verification Of Veracity Of Exporter Alone Is No Basis To Suspend License Of Custom Broker: Delhi HC

Case Title: Aradhya Export Import Consultants Pvt Ltd Verses Commissioner Of Customs

Citation: 2024 LiveLaw (Del) 848

The Delhi High Court held that a custom broker cannot be held guilty of having failed to discharge the obligation placed in terms of Regulation 10(n) of CBLR 2018, simply because he has not carried out physical verification of the veracity of the exporter.

Delhi High Court Orders CBI Probe Against Litigant Who Filed Repeated Pleas Alleging Unauthorised Constructions

Title: RAHUL KUMAR v. MUNICIPAL CORPORATION OF DELHI

Citation: 2024 LiveLaw (Del) 849

The Delhi High Court has recently ordered inquiry to be conducted by Central Bureau of Investigation (CBI) against a litigant who repeatedly filed petitions, including PILs, alleging unauthorised constructions, some of which were never listed in court.

Educational Activities Neither Business Nor Profession, Covered Under Section 2 (15) Of Income Tax Act: Delhi High Court

Case Title: CIT(E) Versus NIIT Foundation

Citation: 2024 LiveLaw (Del) 850

The Delhi High Court has held that the assessee is carrying on educational activities that are covered by the provisions of Section 2 (15) of the Income Tax Act, and it is neither business nor profession of the assessee.

It Is Not Permissible To Compare Competing Trademarks By Dissecting Its Parts: Delhi High Court Rules Against Loreal

Case Title: Loreal India vs. Rajesh Kumar Taneja Trading

Citation: 2024 LiveLaw (Del) 852

While emphasizing that the object of examination is to ensure the compliance of the provisions of the Trademarks Act, the Delhi High Court held that no interference with the registration of the trademark would be warranted, unless it is prima facie established that the registration of the trademark falls foul of the provisions of the Act.

Delhi High Court Directs Baba Ramdev To Take Down Claims Blaming Allopathy For Covid-19 Deaths And Promoting Coronil

Case Title: Resident Doctors Association, AIIMS (Rishikesh) & Ors. v. Ram Kishan Yadav alias Swami Ramdev & Ors.

Citation: 2024 LiveLaw (Del) 853

The Delhi High Court has directed Yoga guru Baba Ramdev and Acharya Balakrishna to remove their statements claiming that allopathy was responsible for deaths of lakhs of people in COVID-19 and that Patanjali's Coronil is a “cure” for virus.

Justice Anup Jairam Bhambhani passed order in the interim injunction application moved in a suit filed by various doctors' associations in 2021.

Section 34 Of Arbitration Act Can't Be Used To Seek Re-Litigation: Delhi High Court

Case Title: Krishan Kumar & Anr Vs Shakuntla Agency Pvt Ltd

Citation: 2024 LiveLaw (Del) 854

The Delhi High Court bench of Justice C. Hari Shankar has held that that Section 34 of the Arbitration and Conciliation Act, 1996 cannot be used as a tool for a litigant to desist from participating in the arbitral proceedings, despite being fully aware thereof, and, thereafter, seek a “second bite at the arbitral cherry”.

Article 23A Of Schedule I-A Of Stamp Act Applies To Agreements To Sell Under Section 53A Of Transfer Of Property Act: Delhi High Court

Case Title: Sharad Bhansali & Anr. Vs Mukesh Aggarwal & Anr.

Citation: 2024 LiveLaw (Del) 855

The Delhi High Court bench of Justice C.Hari Shankar has held that Article 23A of Schedule I-A of the Stamp Act applicable in Delhi covers Agreement to Sell to which Section 53A of the Transfer of Property Act (TPA) applies.

PM Modi Interview: Delhi High Court Orders 4PM's Editor-In-Chief To Remove 'Defamatory Tweets' Against The New Indian's Rohan Dua

Title: RAJATARANGINI INDIA MEDIA PRIVATE LIMITED & ANR. v. SANJAY SHARMA & ORS.

Citation: 2024 LiveLaw (Del) 856

The Delhi High Court has recently passed an ad-interim injunction order for removal of “defamatory tweets” posted by Sanjay Sharma, Editor-In-Chief of Lucknow's evening daily, 4 PM Evening Newspaper, and two other individuals against The New Indian's Editor-In-Chief Rohan Dua in relation to his interview with Prime Minister Narendra Modi during the 2024 general elections.

Delhi High Court Passes John Doe Order Directing Removal Of Articles, Posts About Criminal Case Against Acquitted Businessman

Title: X v. THE INDIA TODAY GROUP & ORS.

Citation: 2024 LiveLaw (Del) 857

Passing a john doe order, the Delhi High Court has recently ordered removal of news articles and social media posts against a businessman on X, formerly Twitter, regarding a criminal case registered against him in 2018 after his honourable acquittal the next year.

Arbitrators Must Separately Calculate Fees For Claims And Counterclaims In Ad Hoc Arbitration: Delhi High Court

Case Title: Ahluwalia Contracts India Limited Vs Union Of India Through Executive Engineer Cpwd & Anr.

Citation: 2024 LiveLaw (Del) 858

The Delhi High Court bench of Justice Jasmeet Singh has set aside computration of fee by an arbitration on the basis decision in Rail Vikas Nigam Ltd. vs. Simplex Infrastructures Ltd which was later set aside in ONGC Ltd. v. Afcons Gunanusa JV, 2022 LiveLaw (SC) 723.

ITC Claimed On Alleged Fake Supplies; Delhi High Court Upholds Dept's Action In Provisionally Attaching Bank Account

Case Title: JV Creatives Pvt. Ltd. Versus Principal Additional Director General, DGGI, Gurugram Zonal Unit, Gurugram And Anr

Citation: 2024 LiveLaw (Del) 859

The Delhi High Court has upheld the Commissioner's action of provisionally attaching the petitioner's bank account, to the extent of Rs. 26.91 lakhs being the amount of input tax (ITC) claimed in respect of allegedly fake supplies.

'Adulterer' Not Necessary Party To Divorce Petition, Decree Can Be Passed In His Or Her Absence: Delhi High Court

Title: X v. Y

Citation: 2024 LiveLaw (Del) 860

The Delhi High Court has recently ruled that an alleged adulterer, being a third party and suspected of having an affair with a spouse, is not a necessary party to a divorce petition.

A division bench comprising Justice Rajiv Shakdher and Justice Amit Bansal said that a decree can be passed in the absence of such an individual.

Delhi High Court Refuses To Entertain PIL For Dual Citizenship For Indian Diaspora

Title: Pravasi Legal Cell v. Union of India & Anr.

Citation: 2024 LiveLaw (Del) 861

The Delhi High Court has refused to entertain a PIL seeking grant of dual citizenship for Indian diaspora, holding their citizenship presently at some other foreign country.

A division bench comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela observed that the issue falls within the domain of the Parliament and it is not for the court to decide or pass directions on it.

Stakeholders Can't Impose Penalties, Claim Dues From Corporate Debtor After Approval Of Resolution Plan: Delhi High Court

Case Title: OCL Iron and Steel Limited vs Union of India

Citation: 2024 LiveLaw (Del) 862

The Delhi High Court single bench of Justice Sanjeev Narula held once a resolution plan is accepted, the stakeholders cannot impose penalties or claim dues from the Corporate Debtor based on past liabilities.

Title: VANDANA v. STATE THROUGH SHO PS AMAR COLONY & ANR.

Citation: 2024 LiveLaw (Del) 863

The Delhi High Court has observed that the Unique Identification Authority of India (UIDAI), in a habeas corpus petition involving exceptional circumstances, can be directed to provide the Aadhar data about a missing person, even without being afforded a prior hearing.

A division bench headed by Justice Prathiba M Singh observed that in a habeas corpus case, there is a sense of urgency with which the Court has to act as the missing person could be in danger.

Husband's Alleged Involvement In Criminal Case No Ground To Deny Security Clearance To Spouse For OCI Registration: Delhi High Court

Title: ANASTASIIA PIVTSAEVA & ANR. v. UNION OF INDIA & ANR.

Citation: 2024 LiveLaw (Del) 864

The Delhi High Court has recently held that mere familial relationship with an accused, without evidence of direct involvement in the alleged crime, is no ground to deny security clearance to a spouse for Overseas Citizen of India (OCI) registration.

“Mere association or familial relationship with an accused, without concrete evidence of direct involvement or complicity in the alleged crimes, does not substantiate the grounds for denying security clearance under Section 7A(1)(d) of the Citizenship Act and neither does it withstand the test of arbitrariness and reasonableness under Article 14 of the Constitution,” Justice Sanjeev Narula said.

Finalize Technical Solution To Sync ICJS System With Police Criminal Database: Delhi High Court To NIC, State Crime Record Bureau

Title: COURT ON ITS OWN MOTION v. STATE

Citation: 2024 LiveLaw (Del) 865

The Delhi High Court has called for finalization of the technical solution to sync the Inter-operable Criminal Justice System (ICJS) system, which stores case data, with the criminal database of the Police, to avoid any discrepancies.

Delhi High Court Quashes FIR Against Man Accused Of Sending Obscene Messages To Woman, Asks Him To Do Community Service For Three Months

Title: MR CHIRAGUDDIN v. STATE GOVT. OF NCT OF DELHI & ANR.

Citation: 2024 LiveLaw (Del) 866

While quashing a 2014 case registered against a man for allegedly sending obscene messages to a woman after settlement with her, the Delhi High Court has recently directed the man to do community service for three months in order to “atone for his sins.”

Justice Subramonium Prasad directed the man to do one month of community service each in an old age home, LNJP hospital and an orphanage respectively, from September 09 to November 30.

AO Can't Disregard ITAT's Direction To Re-examine Issue By Referring To CBDT Circular: Delhi High Court

Case Title: Mitsubishi Corporation Versus ACIT

Citation: 2024 LiveLaw (Del) 867

The Delhi High Court has held that the assessing officer (AO) cannot disregard the direction of the Income Tax Appellate Tribunal (ITAT) to re-examine the issue by referring to the circular issued by the Central Board of Direct Taxes (CBDT).

Major Child Entitled To Maintenance Under Hindu Marriage Act Till He Is Pursuing Education And Not Financially Independent: Delhi High Court

Title: A v. B

Citation: 2024 LiveLaw (Del) 868

The Delhi High Court has ruled that a child is entitled to maintenance under Section 26 of the Hindu Marriage Act, 1955, till the time he is pursuing his education and does not become financially independent.

“In our considered view, a child who is pursuing his education would be entitled to maintenance under Section 26 of the HMA even after he attains the age of majority, till the time he is pursuing his education and is not financially independent,” a division bench of Justice Rajiv Shakdher and Justice Amit Bansal said.

Arbitral Tribunal's Decision To Award Damages For Loss Of Profit Is Patently Illegal If It Contradicts Contract: Delhi High Court

Case Title: M/S Plus91 Security Solutions Vs Nec Corporation India Private Limited (Erstwhile Nec Technologies Private Limited)

Citation: 2024 LiveLaw (Del) 869

The Delhi High Court division bench of Justice Vibhu Bakhru and Justice Tara Vitasta Ganju has held that an Arbitral Tribunal's decision to award damages for loss of profit is vitiated by patent illegality if it contradicts the express terms of the agreement between the parties.

Delhi High Court Quashes FIR Against Teacher For Slapping 3-Yr-Old Who Failed To Recite 'ABCD'

Title: SUMAN VIJAY v. STATE GOVT. OF NCT OF DELHI AND ANR.

Citation: 2024 LiveLaw (Del) 870

The Delhi High Court has recently quashed an FIR against a teacher who allegedly slapped a three-year-old child who failed to recite “ABCD” after the parties entered into a settlement.

Quashing the FIR filed by the minor's mother in 2015, Justice Anoop Kumar Mendiratta said that the complainant and the teacher intend to put a quietus to the case which arose over a “minor issue” and has been pending for a period of 9 years.

Uploading Of Empaneled Lawyers' Fee Bills On 'Online Single Window System' Must Be Made Smooth, Without Glitches: Delhi High Court

Title: ANJANA GOSAIN v. GOVERNMENT OF NCT AND ANR.

Citation: 2024 LiveLaw (Del) 871

The Delhi High Court has observed that uploading of fee bills of government empaneled lawyers on the Online Single Window System (OSWS) portal set up by the Delhi Government should be made smooth and without any glitches.

Delhi High Court Upholds Bibhav Kumar's Arrest In Alleged AAP MP Swati Maliwal Assault Case

Title: Bibhav Kumar v. State

Citation: 2024 LiveLaw (Del) 872

The Delhi High Court has upheld the arrest of Chief Minister's close aide Bibhav Kumar in the alleged AAP MP Swati Maliwal assault case.

Justice Neena Bansal Krishna rejected the plea filed by Kumar.

Delhi High Court Orders CBI To Probe Death Of Three Civil Aspirants In Coaching Centre Tragedy

Title: Kutumb v. State & Ors.

Citation: 2024 LiveLaw (Del) 873

The Delhi High Court has ordered Central Bureau of Investigation (CBI) to probe the deaths of three civil services aspirants due to drowning in a IAS coaching centre basement in Rajendra Nagar.

A division bench comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela passed the direction looking at the “seriousness of incident and that it may involve corruption by public servants.”

Delhi High Court Upholds Acceptance Of Police's Cancellation Report In Rape Case Against BJP Leader Shahnawaz Hussain

Title: P v. State & Anr.

Citation: 2024 LiveLaw (Del) 874

The Delhi High Court has upheld a trial court order accepting the cancellation report filed by the Delhi Police last year in a rape case filed against BJP leader and former Union Minister Syed Shahnawaz Hussain.

'X' Corp Does Not Perform 'Public Function', Not Amenable To Writ Jurisdiction: Delhi High Court

Title: SANCHIT GUPTA v. UNION OF INDIA AND ANR.

Citation: 2024 LiveLaw (Del) 875

The Delhi High Court has recently ruled that X Corp, formerly Twitter, does not perform “public function” or discharges public duty and is not amenable to writ jurisdiction under Article 226 of the Constitution of India.

Justice Sanjeev Narula said that the social media platform operates as a “private entity” under “private law” and does not carry out any governmental duties or obligations.

Principles Of Equity And Fairness Not Applicable To Commercial Matters, Relief Is Governed By Contract: Delhi High Court

Case Title: Maruti Traders vs Itron India Pvt Ltd

Citation: 2024 LiveLaw (Del) 876

The Delhi High Court bench of Justice C Hari Shankar has held that commerce is devoid of equity. The bench held that commercial transactions are driven by a harsh reality, and the principle of universal brotherhood does not extend to commercial dealings. In these transactions, there is no obligation on the arbitrator for fairness, kindness, or equity, and no court can mandate such qualities.

Amount Paid For Obtaining Mining Rights In E-Auctions Can't Be Construed As Income; Delhi High Court Quashes Reassessment Order

Case Title: Vedanta Limited Versus ACIT

Citation: 2024 LiveLaw (Del) 917

The Delhi High Court has quashed the reassessment order and held that the amount paid for obtaining mining rights in e-auctions cannot be construed as income.

The bench of Justice Yashwant Varma and Justice Tara Vitasta Ganju has observed that the Department of Mines and Geology had merely provided to the AO the total amount paid by the petitioner for obtaining mining rights in the e-auctions that were conducted.

Section 80-IA(7) Deduction Can't Be Denied For Failure To Digitally File Audit Report: Delhi High Court

Case Title: Shree Bhavani Power Projects Pvt. Ltd. Versus ITO

Citation: 2024 LiveLaw (Del) 918

The Delhi High Court has held that the deduction under Section 80-IA(7) of the Income Tax Act cannot be denied for the mere failure of the assessee to digitally file an audit report.

The bench of Justice Yashwant Varma and Justice Ravinder Dudeja has observed that Audit Report was duly furnished to the AO and was available to be scrutinised and examined by that authority during the assessment proceedings, the provisions of Section 80-IA(7), as it stood prior to the amendments introduced in 2020, would be recognized to have been substantially fulfilled.

Delhi High Court Asks Centre To Decide Plea Against "Illegal" Online Sale Of Hookahs Without Proper Health Warning

Case title: JagatMitra Foundation v Union of India through the Ministry of Health and Family Welfare and Ors.

Citation: 2024 LiveLaw (Del) 919

The Delhi High Court has directed the Centre to treat as a representation a Public Interest Litigation (PIL) petition seeking immediate action against the "illegal online sale of hookahs" on e-commerce platforms without specific health warnings.

During the hearing a division bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela orally said to the counsel appearing for the Centre, "He (petitioner) is highlighting a very important point. You must decide it. He is saying that the field is covered by a statutory provision. It is not being implemented. Which is the implementing agency. You must lay down a standard of procedure".

Word 'Approved' By PCCIT For Reopening Of Assessment Not Enough, Reasons Necessary, Delhi High Court

Case Title: SBC Minerals Pvt. Ltd. Versus Assistant Commissioner Of Income Tax

Citation: 2024 LiveLaw (Del) 920

The Delhi High Court has held that mere appending of the word “approved” by the PCCIT while granting approval under Section 151 of the Income Tax Act to the reopening under Section 148 is not enough.

Competition Commission Of India Must Honour Outcome Of Mediation, Settlements Between Parties: Delhi High Court

Title: JCB INDIA LIMITED AND ANR v. THE COMPETITION COMMISSION OF INDIA AND ANR

Citation: 2024 LiveLaw (Del) 921

The Delhi High Court has recently observed that the Competition Commission of India (CCI) must honour the outcomes of mediation and respect the settlements reached between the parties.

A division bench comprising of Justice Prathiba M Singh and Justice Amit Sharma said regulatory authorities such as the CCI are no exception to mediation process and settlements.

Court Has Power To Grant Anti-Enforcement Injunction Against Proceedings In Foreign Court Which Threaten Arbitral Process Initiated In India: Delhi High Court

Case Title: Honasa Consumer Limited Vs Rsm General Trading Llc

Citation: 2024 LiveLaw (Del) 922

The Delhi High Court bench of Justice C. Hari Shankar has held that when proceedings in a foreign court, or a decree issued by a foreign court, threaten the arbitral process that may be initiated in India, the court has the authority under Section 9 of the Arbitration Act to restrain the party from continuing with the foreign proceedings or enforcing the potentially prejudicial decree.

Delhi High Court Refers Employment Agreement Dispute Between BharatPe, Ashneer Grover To Arbitration

Title: RESILIENT INNOVATIONS PRIVATE LIMITED v. ASHNEER GROVER

Citation: 2024 LiveLaw (Del) 923

The Delhi High Court has referred to arbitration the dispute between former Managing Director of BharatPe, Ashneer Grover, and the fintech company concerning an employment agreement entered between them in August 2021.

Section 29A Time Limit Does Not Apply To Arbitral Proceedings Commenced Before 2015 Amendment: Delhi High Court

Case Title: M/S Chinar Steel Industries Vs Ircon International Limited

Citation: 2024 LiveLaw (Del) 924

The Delhi High Court bench of Justice Prateek Jalan has held that time limit under Section 29A of the Arbitration and Conciliation Act is not applicable to arbitral proceedings “commenced” as per Section 21 prior to 2015 amendment.

Delhi High Court Directs Man To Put Apology For Posting 'Offensive Tweet' Against Alt News' Mohd Zubair

Case Title: MOHAMMED ZUBAIR v. STATE OF GNCT & ORS.

Citation: 2024 LiveLaw (Del) 925

The Delhi High Court has directed a man named Jagdish Singh to put an apology on X Corp, formerly Twitter, for posting an “offensive tweet” against Alt News co founder Mohammed Zubair by calling him a “jihadi” in 2020.

[Cheque Dishonour] Accused Often Get Away Due To Lack Of Evidence, Courts Must Acknowledge Friendly Cash Loans Between Parties: Delhi HC

Case Title: Amit Jain vs. Sanjeev Kumar Singh & Anr (Crl.A. 1248/2019)

Citation: 2024 LiveLaw (Del) 926

While hearing a matter on cheque bounce under the Negotiable Instruments (NI) Act, the Delhi High Court recently said that it would be prudent for courts to acknowledge that friendly cash loans are provided between parties without an existing document trail, with accused often getting acquitted because the complainant is unable to prove the existence of a debt.

Delhi High Court Issues Directions For 'Accessible' EWS/DG Category Admissions In Private Unaided Recognized Schools

Title: GUNJAN AS GUARDIAN OF PIHU v. GOVT OF NCT OF DELHI & ANR. and other connected matters

Citation: 2024 LiveLaw (Del) 927

The Delhi High Court has issued a slew of directions to ensure “respectful and accessible” admissions of students in all private unaided recognized schools under the EWS/DG category in the national capital.

Justice Swarana Kanta also directed all the stakeholders to ensure that there is a seamless merger of EWS and non-EWS students in the schools, as per the spirit of Right to Education Act.

AO Ought To Grant TDS Credit In Compliance Of ITAT's Directions: Delhi High Court

Case Title: ESS Singapore Branch Versus DCIT

Citation: 2024 LiveLaw (Del) 928

The Delhi High Court has held that the Assessing Officer (AO) ought to grant TDS credit in compliance with the Income Tax Appellate Tribunal's (ITAT's) directions.

Court's Role Under Section 11(5) Or 11(6) Of Arbitration Act Limited To Verifying Arbitration Agreement And Timely Filing: Delhi High Court

Case Title: Raj Kumari Taneja Vs Rajinder Kumar & Anr.

Citation: 2024 LiveLaw (Del) 929

The Delhi High Court bench of Justice C. Hari Shankar has held when a Court exercises jurisdiction under Section 11(5) or Section 11(6) of the Arbitration and Conciliation Act, 1996, it has to only ensure the existence of an arbitration agreement between the parties and to confirm that the petition under these sections has been filed within three years of the service of a Section 21 notice.

Excise Duty Disputes Non-Arbitrable Only When Involving Sovereign Functions Including Determination Of Tax Rate Or Liability: Delhi High Court

Case Title: Bharat Broadband Network Ltd. Vs Paramount Communications Ltd

Citation: 2024 LiveLaw (Del) 930

The Delhi High Court bench of Justice Prateek Jalan has held that a dispute regarding excise duty is only non-arbitrable when it involves a sovereign function, such as determining tax liability or the rate at which duty must be paid to revenue authorities.

Delhi High Court Allows Medical Termination Of Pregnancy For Woman In Live-In-Relationship

Title: MRS C v. THE PRINCIPAL SECRETARY HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT OF NCT OF DELHI & ORS

Citation: 2024 LiveLaw (Del) 931

The Delhi High Court has recently permitted a 27-year-old woman, a single mother abandoned by her husband, to undergo medical termination of a 22-week pregnancy arising from a live-in relationship.

Consumer Protection Regulations Must Be Interpreted To Align With Overarching Goal Of RTI Act: Delhi High Court

Case title: The Central Public Information Officer (CPIO) vs A K Jain

Citation: 2024 LiveLaw (Del) 932

The Delhi High Court observed that the absence of explicit prohibition on third parties from accessing information related to proceedings under the Consumer Protection Regulations, 2005 as a gap in the regulatory framework and this the Regulations should be interpreted in line with the RTI Act's goal of enhancing transparency.

Courts Cannot Be Silent Spectators Or Loudspeakers To Echo Whatever Is Written In Chargesheet: Delhi High Court

Title: ANKUSH & ANR. v. STATE

Citation: 2024 LiveLaw (Del) 933

The Delhi High Court has recently observed that Courts cannot be silent spectators or loudspeakers to echo whatever has been presented before them in the chargesheet.

Delhi High Court Temporarily Restrains Vadodara Based Cafe From Using Trademark Of 'SOCIAL' Restaurants And Bars

Case Title: Impresario Entertainment & Hospitality Pvt. Ltd. vs. Star Hospitality

Citation: 2024 LiveLaw (Del) 983

The Delhi High Court, in an interim order, temporarily restrained an entity operating a Vadodara based restaurant, from using the popular 'SOCIAL' trademark registered by Impresario Entertainment & Hospitality Pvt. Ltd, after noting that the entity's mark was similar and was likely to cause confusion to the general public.

Liquor Policy: Delhi High Court Grants Bail To Sameer Mahendru, Chanpreet Singh In ED Case

Title: Sameer Mahendru v. ED and other connected matter

Citation: 2024 LiveLaw (Del) 984

The Delhi High Court has granted bail to businessman Sameer Mahendru and Aam Aadmi Party (AAP) volunteer Chanpreet Singh Rayat in the money laundering case connected to the alleged liquor policy scam.

Delhi High Court Rejects Somnath Bharti's Prayer To Preserve Burnt Memory Of EVMs Used In LS Polls In Plea Against BJP's Bansuri Swaraj's Election

Title: Somnath Bharti v. Bansuri Swaraj and Others

Citation: 2024 LiveLaw (Del) 985

The Delhi High Court has rejected the prayer of Aam Aadmi Party (AAP) leader Somnath Bharti seeking a direction upon the Election Commission of India (ECI) to provide him with the burnt memory of all 1489 EVMs used in the Lok Sabha elections 2024 from New Delhi Parliamentary Constituency.

Order In Section 9 Of Arbitration Act Based On Settlement Is Enforceable As Decree : Delhi High Court

Case Title: Anand Gupta & Anr. Vs M/S. Almond Infrabuild Private Limited & Anr. And Connected Matters

Citation: 2024 LiveLaw (Del) 986

The Delhi High Court bench of Justice C. Hari Shankar has held that an order passed under Section 9 of the Arbitration and Conciliation Act, 1996, based on a settlement agreement, is enforceable as a decree in accordance with Section 36 of the Code of Civil Procedure.

Delhi High Court Vacates Interim Order Directing Journalist Abhishek Baxi To Delete Tweet On Rohan Dua

Title: RAJATARANGINI INDIA MEDIA PRIVATE LIMITED & ANR. v. ROSHAN RAI & ORS.

Citation: 2024 LiveLaw (Del) 987

The Delhi High Court has vacated its interim order directing journalist Abhishek Baxi to delete his tweet against journalist Rohan Dua in relation the latter's interview of olympian Manu Bhaker.

Twelve-Month Period For Arbitral Award Begins From Completion Of Pleadings, Not Statement Of Defense: Delhi High Court

Case Title: Emco Limited Vs Delhi Transco Limited

Citation: 2024 LiveLaw (Del) 988

The Delhi High Court bench of Justice C. Hari Shankar has held that Section 29A(1) of the Arbitration and Conciliation Act, 1996, when read with Section 29A(4), implies that the mandate of the arbitral tribunal terminates if the tribunal does not issue the award within twelve months of completing the pleadings under Section 23(4).

Delhi High Court Denies Bail To Man Accused Of Raping 6-Yr-Old Daughter, Says Long Term Effects Of Child Sexual Abuse Insurmountable

Title: SABIB v. THE STATE GOVT OF NCT OF DELHI

Citation: 2024 LiveLaw (Del) 989

The Delhi High Court has denied bail to a man accused of raping his 6-year-old daughter in August last year, underscoring that the long-term effects of childhood sexual abuse are, at many times, insurmountable.

Delhi High Court Asks Centre To Issue Instructions To Hospitals To Ensure Identity Of Minor Rape Victims In MTP Cases Is Not Revealed

Title: MINOR N THR MOTHER P v. STATE OF NCT OF DELHI AND ANR.

Citation: 2024 LiveLaw (Del) 990

The Delhi High Court has directed the Union Government to issue appropriate instructions to all hospitals to ensure that the identity of minor rape victims undergoing medical termination of pregnancy is not revealed and the record is kept confidential.

DHFL Bank Fraud Case: Delhi High Court Grants Bail To Ex-Promoter Dheeraj Wadhwan On Medical Grounds

Case title: DHEERAJ WADHAWAN vs. CBI

Citation: 2024 LiveLaw (Del) 991

The Delhi High Court has granted bail on medical grounds to former promoter of Dewan Housing Finance Corporation Limited (DHFL) Dheeraj Wadhwan, who is an accused in the alleged multi crore bank loan misappropriation and cheating case.

Mere Govt Recommendation Doesn't Entitle Individual To Claim DDA Plot In Area Of Choice, Allotment Subject To Availability: Delhi High Court

Case title: Shri Rashter Kumar vs. Delhi Development Authority & Anr.

Citation: 2024 LiveLaw (Del) 992

The Delhi High Court has observed that an individual cannot claim a particular plot of land in a particular area of his choice as a matter of right, even if recommendations were made by a government authority or agency for allotment of alternate land to the individual.

Arbitration | Absence Of Monetary Claim In Section 21 Notice Doesn't Negate Existence Of Dispute: Delhi High Court

Case Title: Celsius Healthcare Pvt Ltd Vs Deepti Gambhir Proprietor Of S P Distributors And Anr

Citation: 2024 LiveLaw (Del) 993

The Delhi High Court bench of Justice C. Hari Shankar has held that due to the broad interpretation of the term "dispute," the court cannot definitively conclude that no dispute exists between the parties, even in the absence of a monetary claim by the Petitioner against the Respondent in the notice issued under Section 21 of the Arbitration and Conciliation Act, 1996.

Arbitrator Can't Assume Arbitral Seat Without Clear Agreement From Parties: Delhi High Court

Case Title: Union Of India Vs Arsh Constructions

Citation: 2024 LiveLaw (Del) 994

The Delhi High Court bench of Justice C. Hari Shankar has held that that parties in arbitration can agree to an arbitral seat at a neutral location, different from where the contract was executed, the work was carried out, or the arbitration proceedings were conducted. However, such a decision must first reflect mutual agreement and, secondly, must be documented, either explicitly in writing or recorded by the Arbitrator or the Court in an order.

Non-Compliance With Share Purchase Agreement; Arbitrability Of Dispute Must Be Decided By Arbitral Tribunal, Not By Court: Delhi High Court

Case Title: Thriving Farm Builders Pvt Ltd And Anr Vs Sushil Chaudhary And Air

Citation: 2024 LiveLaw (Del) 995

The Delhi High Court bench of Justice C. Hari Shankar has held that argument claiming the dispute is non-arbitrable due to non-compliance with the Share Purchase Agreement cannot be addressed by the court under Section 11(6) of the Arbitration and Conciliation Act, 1996. The bench held that such aspects need to be addressed by the arbitral tribunal.

The Arbitral Tribunal May Implead A Non-Signatory To The Arbitral Proceedings: Delhi High Court

Case Title: Indraprastha Power Generation Company Ltd v. Hero Solar Energy Private Limited

Citation: 2024 LiveLaw (Del) 996

The Delhi High Court bench of Justice C. Harishankar, while deciding an appeal under Section 37(2)(b) has held in the affirmative whether the arbitral tribunal may implead a non-signatory to the arbitration agreement in the proceedings. Following the ratio in Cox and Kings Ltd v. Sap India Pvt Ltd (Cox and Kings II), it observed that whether a non-signatory is bound by the arbitration agreement is for the Arbitral Tribunal to decide and not the Section 11 Court.

Estimation Report By DVO Alone Can't Form Basis For Reopening Completed Assessment: Delhi High Court

Case Title: Divine Infracon Private Limited Vs DCIT

Citation: 2024 LiveLaw (Del) 997

The Delhi High Court held that the sole ground for re-opening of assessment u/s 148 by AO being the report/estimate of the Valuation Officer is unsustainable.

Party Ignores Section 21 Notice; Should Seek Court Intervention, Arbitrator Can't Unilaterally Summon Parties: Delhi High Court

Case Title: Meenakshi Agrawal Vs M/S Rototech

Citation: 2024 LiveLaw (Del) 998

The Delhi High Court bench of Justice C. Hari Shankar has held that if a party seeking arbitration faces a situation where the opposing party does not respond to a Section 21 notice or refuses to agree to arbitration, the only recourse is to approach the Court under Section 11(5) or Section 11(6) of the Arbitration and Conciliation Act, 1996, depending on the circumstances.

The bench held that party cannot unilaterally grant jurisdiction to the arbitrator, even if the arbitrator is already named. Similarly, it held that the arbitrator cannot independently summon the opposing party to attend the arbitration proceedings.

All Arbitration Proceedings Must Be Filed In Court With Jurisdiction Over The Arbitral Seat: Delhi High Court

Case Title: Bcc Developers And Promoters Pvt. Ltd. Vs Union Of India

Citation: 2024 LiveLaw (Del) 999

The Delhi High Court bench of Justice C. Hari Shankar has held that once the arbitral seat is established, all proceedings, including the initial ones, must be filed only in the court that has jurisdiction over the arbitral seat. The bench held that no other Court is authorized to handle any matters related to the arbitration.

Contempt Proceedings Inappropriate For Resolving Complex Disputed Factual Issues: Delhi High Court

Case Title: Morgan Ventures Limited Vs Nepc India Limited And Other & Ors. And Connected Matters

Citation: 2024 LiveLaw (Del) 1000

The Delhi High Court bench of Justice Dharmesh Sharma has held that the contempt proceedings are not the appropriate forum to resolve disputed factual issues such as conducting a detailed accounting analysis to determine the fairness or justification of accounting practices.

Unlike S.125 CrPC, Maintenance Under Domestic Violence Act Not Connected With Wife's Inability To Maintain Herself: Delhi High Court

Case title: X and Ors. v The State and Anr.

Citation: 2024 LiveLaw (Del) 1001

Dismissing a plea moved by a husband and his kin against an order directing him to pay maintenance to his wife under the Domestic Violence Act, the Delhi High Court agreed with the trial court's observation that unlike Section 125 CrPC, maintenance under the DV Act is not linked to the inability of the wife to maintain herself.

The observation came in a plea moved by a man and his family against an order of the Additional Sessions Judge, Saket Courts which had dismissed their appeal under Section 29 of the Protection of Women from Domestic Violence (DV) Act against the trial court's order.

Delhi High Court Grants Bail To Hyderabad Businessman Arun Pillai In Money Laundering Case Linked To Excise Policy

Case title: Arun Pillai v Enforcement Directorate

Citation: 2024 LiveLaw (Del) 1002

The Delhi High Court has granted bail to Hyderabad-based business Arun Ramchandran Pillai in a money laundering case linked to the now scrapped excise policy.

Justice Neena Bansal Krishna in its judgment, referred to the Supreme Court's decision in Manish Sisodia v. Enforcement Directorate and observed that the "triple test" for grant of bail was satisfied by Pillai.

Referral Court Under Section 11 Can't Decide The Arbitrability of Non-Notified Claim: Delhi High Court

Case Title: Simplex Infrastructure Limited v. Indian Oil Corporation Limited

Citation: 2024 LiveLaw (Del) 1003

The Delhi High Court bench of Justice C. Harishankar, while deciding a Section 11 application, has held that a referral court under Section 11 cannot examine the arbitrability of non-notified claims. After the SBI General Insurance Co Ltd v. Krish Spinning judgment, the arbitral tribunal will decide on the arbitrability of disputes.

Employee's Performance Assessment Must Be Limited To Specified Year, Incidents Beyond Not Ground To Upgrade/ Degrade: Delhi High Court

Case Title: Shakti Singh Thakur Vs Union Of India And Ors

Citation: 2024 LiveLaw (Del) 1004

The Delhi High Court has observed that the assessment of an employee for a particular year must be based solely on their performance during that year, and incidents beyond the period covered by the Annual Performance Appraisal Report (APAR) cannot be used to either downgrade or upgrade an employee's rating.

Court Cannot Assess "Functional Disability", Domain Of Experts: Delhi High Court Denies Relief To MBBS Aspirant With Missing Fingers

Case Title: Kabir Paharia Vs National Medical Commission And Ors.

Citation: 2024 LiveLaw (Del) 1005

The Delhi High Court has declined the plea of a medical aspirant with "missing multiple fingers", seeking admission into MBBS course.

The bench of Justice Swarana Kanta Sharma made it clear that it cannot delve into expert domains like assessing the "functional disability" of a medical aspirant and "the evaluation of the petitioner‟s ability to pursue the course, and later practice as a doctor, had to be entrusted to the experts in the medical field."

S. 17A PC Act | Preliminary Enquiry Against Unknown Offenders Not Strictly Barred: Delhi High Court

Case Title: LAMBODAR PRASAD PADHY Vs. CENTRAL BUREAU OF INVESTIGATION

Citation: 2024 LiveLaw (Del) 1006

In a significant development, the Delhi High Court observed that although there's no bar to initiating preliminary enquiry against unknown public officials under the Prevention of Corruption (Amendment) Act, 2018 no case could be registered against such unknown officials unless previous sanction is obtained from the competent authority.

Delhi High Court Refuses To Entertain Writ Seeking Criminal Action Against Packaged Food Manufacturers For Using Excessive 'Added Sugar'

Case Title: Jagatmitra Foundation v. UOI

Citation: 2024 LiveLaw (Del) 1007

The Delhi High Court has refused to entertain a writ petition seeking initiation of criminal proceedings under FSSAI Act against packaged food manufacturers, for using excessive added sugar in their products.

Section 41 of the Food Safety and Standards Act, 2006 empowers the Food Safety Officer and Designated Officer to initiate prosecution against violators of the Act and the Rules and Regulations framed thereunder.

NCLT In Better Position To Consider 'Unsavoury Practices' Of Banks, Financial Institutions: Delhi High Court

Case title: BAREILLY HIGHWAYS PROJECT LIMITED. vs. RESERVE BANK OF INDIA & ORS.

Citation: 2024 LiveLaw (Del) 1008

The Delhi High Court has observed that the National Company Law Tribunal (NCLT) is an appropriate authority to consider issues relating to 'unsavoury' practices of banks, calculating compound or penalty interest in a manner which leads to a situation where it becomes difficult to seek a resolution under Section 12A of the Insolvency & Bankruptcy Code (for withdrawal of corporate insolvency resolution).

[IAS Aspirants Deaths] Delhi High Court Asks CBI About Reasons For Water Logging Outside Coaching Centre That Day, Calls For Status Report

Case title: Parvinder Singh v CBI and other cases

Citation: 2024 LiveLaw (Del) 1009

The Delhi High Court has questioned the Central Bureau of Investigation about the reason for heavy water logging and the amount of rainfall on July 27 when three civil services aspirants died after drowning in the flooded basement of a coaching centre in Old Rajendra Nagar.

Delhi High Court Asks DDA To Decide On Request For Holding Ramleela On Plot Allotted For Judicial Staff Quarters

Case title: SAHIL A. GARG NARWARNA vs. UNION OF INDIA AND ORS

Citation: 2024 LiveLaw (Del) 1010

The Delhi High Court has directed the Delhi Development Authority (DDA) to consider an application for holding Ramleela at a plot in Shahdara, Delhi, which has been acquired by the Delhi Government for the purposes of constructing judicial staff quarters.

Delhi High Court Declines To Interfere With Single Judge Order Directing SpiceJet To Ground Aircraft Engines Due To Non-Payment Of Dues

Case Title: SPICEJET LIMITED Versus TEAM FRANCE 01 SAS (and connected matter)

Citation: 2024 LiveLaw (Del) 1011

In a setback to debt-ridden low-cost airline company SpiceJet, the Delhi High Court refused to interfere with the Single Judge order directing SpiceJet to ground three aircraft engines for defaulting on payments to engine lessors.

Delhi High Court Directs Centre To Begin Stakeholder Discussions On Requirement Of Mandatory Attendance Norms In UG & PG Courses

Title: COURTS ON ITS OWN MOTION IN RE: SUICIDE COMMITTED BY SUSHANT ROHILLA, LAW STUDENT OF I.P. UNIVERSITY

Citation: 2024 LiveLaw (Del) 1012

The Delhi High Court in a slew of directions has asked the Secretary, Union Ministry of Education (dealing with Higher Education) to commence within two weeks stakeholder consultations to discuss whether attendance norms should be made mandatory in undergraduate and postgraduate courses.

Appeal/Revision Against NCDRC Order Lies With Jurisdictional High Court: Delhi High Court Reiterates

Case title: The General Manager Punjab National Bank And Ors & Ors. Vs. Rohit Malhotra & Ors.

Citation: 2024 LiveLaw (Del) 1013

The Delhi High Court has observed that the order passed by the National Consumer Disputes Redressal Commission (NCDRC), while considering an appeal or revision against the order of a State Commission other than the State Commission of Delhi, cannot be challenged before it as it lacks jurisdiction over such cases.

Delhi High Court Asks SSB To Consider Gender Neutral Nomenclature Of Posts Earlier Earmarked For Males But Now Open To Female Candidates

Title: SONU RAJPUT v. UNION OF INDIA AND ANR

Citation: 2024 LiveLaw (Del) 1014

The Delhi High Court has called for amendment of the nomenclature of Seema Sashastra Bal (SSB) posts which were earlier earmarked only for male candidates but are now open to women as well.

A division bench comprising Justice Rekha Palli and Justice Shalinder Kaur was dealing with a young mother's plea who applied for the post of Constable (Washer Man)-Female under OBC quota in SSB.

Judicial Data Of Criminal Cases Available On ICJS Must Be Synced With Crime Record Bureau: Delhi High Court

Title: COURT ON ITS OWN MOTION v. STATE

Citation: 2024 LiveLaw (Del) 1015

The Delhi High Court has observed that the judicial data related to criminal cases available on the Inter-operable Criminal Justice System (ICJS) portal needs to be synced with the Crime Record Bureau to ensure “accurate availability of data” relating to the accused.

Arbitrator Justified In Treating Loan Admission In Correspondence As Admitted Claim Under Order XII Rule 6 CPC: Delhi High Court

Case Title: Shutham Electric Ltd. Vs Vaibhav Raheja & Anr.

Citation: 2024 LiveLaw (Del) 1016

The Delhi High Court bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela has held that when a party makes a clear admission of owing a loan in its contemporaneous correspondence, the arbitrator is justified in treating it as an admitted claim under Order XII Rule 6 of the CPC.

The bench noted that the purpose of this rule is to allow a party to secure a speedy judgment, at least to the extent of the relief that the plaintiff is entitled to based on the defendant's admission.

Income Tax Refund Can't Be Denied To Taxpayer For Discrepancy In Form 26AS Filed: Delhi High Court

Case Title: Hari Kishan Sharma vs. Govt of NCT of Delhi

Citation: 2024 LiveLaw (Del) 1017

While observing that tax was duly deducted by the Land Acquisition Collector but was not disclosed for some reasons and hence the credit was not reflected in Form 26AS, the Delhi High Court held that the assessee/ petitioner cannot be penalized for the mere reason that the Form 26AS suffered from a discrepancy.

By Participating In Selection Process, Candidates Do Not Get Indefeasible Right To Get Appointment, Delhi High Court Reiterates

Case Title: VIJAY KAUSHIK Versus COMMISSIONER OF POLICE

Citation: 2024 LiveLaw (Del) 1018

The Delhi High Court has dismissed a Writ Petition which challenged a judgement of the Central Administrative Tribunal. The Petitioner had sought seniority from the year 2007 despite being appointed in the year 2009, contending that he was entitled for appointment in the year 2007 itself.

A Division Bench of Justices Suresh Kumar Kait and Girish Kathpalia held that the petitioner who participated in the selection process for the post of Sub Inspector had no vested right to claim appointment for the recruitment process of 2007, since he was already appointed in the year 2009.

In Absence Of Specific Reasons, GST Registration Can't Be Cancelled With Retrospective Effect : Delhi High Court

Case Title: M/S Chauhan Construction Co. versus Commissioner of DGST and Anr.

Citation: 2024 LiveLaw (Del) 1019

Finding that the Show Cause Notice (SCN) did not mention any particulars, which would provide any clue to the taxpayer/ petitioner as to the reasons for cancellation of its GST registration, the Delhi High Court quashed the SCN as well as the order, by which the GST Commissioner had cancelled the GST registration of petitioner with retrospective effect.

No Vested Legal Right To Allotment Of Public Site By Merely Making Online Booking: Delhi High Court

Case title: PURVI DELHI VAIDEHI TRUST (PDVT) vs. DELHI DEVELOPMENT AUTHORITY

Citation: 2024 LiveLaw (Del) 1020

The Delhi High Court has observed a vested legal right for allotment of a public site/public park does not arise merely because the site has been booked online by paying the required amount.

“There is no vested legal right to allotment of a public site or park by merely applying 'online' followed by payment of the booking amount,” the court said.

Treaty Provisions Prevails Over Income Tax Act – Receipts From Aircraft Leasing Is Not Taxable As Royalty: Delhi High Court

Case Title: The Milestone Aviation Asset Holding Group vs. ACIT

Citation: 2024 LiveLaw (Del) 1021

The Delhi High Court held that consideration received by Assessee from aircraft leasing activity is not taxable as royalty either u/s 9(1)(vi) of Income Tax Act or under India-Ireland DTAA.

Delhi High Court Orders Interim Restraint On Transfer Of Late Oberoi Group Chairman's Company Shares In Daughter's Suit Against Family Members

Case title: ANASTASIA MIRJANA JOJIC OBEROI & ORS. v/s RAJARAMAN SHANKAR & ORS.

Citation: 2024 LiveLaw (Del) 1022

In an interim order passed last week, the Delhi High Court has restrained the transfer of Oberoi group's former chairman late PRS Oberoi's shares in EIH Limited–which runs the Oberoi and Trident hotel chain–and its two holding companies, except one specific class of shares, after Oberoi's daughter moved a lawsuit seeking an injunction on the said transfer.

Liquor Policy: Delhi High Court Grants Bail To Amandeep Singh Dhall, Amit Arora

Title: Amit Arora v. ED and other connected matter

Citation: 2024 LiveLaw (Del) 1023

The Delhi High Court has granted bail to businessmen Amandeep Singh Dhall and Amit Arora in the money laundering case connected to the alleged excise policy scam case.

Arora was granted interim bail on medical grounds in August. He is the director of Gurugram-based company Buddy Retail Pvt. Ltd. On the other hand, Dhall, who is the businessman and director of Brindco Sales Private Limited, was denied bail in the CBI case in June.

Land For Jobs Scam: Delhi High Court Grants Bail To Lalu Yadav's Aide Amit Katyal In PMLA Case

Title: AMIT KATYAL v. DIRECTORATE OF ENFORCEMENT GOVERNMENT OF INDIA

Citation: 2024 LiveLaw (Del) 1024

The Delhi High Court has granted bail to RJD chief Lalu Prasad Yadav's close aide Amit Katyal in a money laundering case related to the alleged land-for-jobs scam case.

Justice Neena Bansal Krishna observed that the investigations qua Katyal already stood concluded and the Prosecution Complaint was also filed by the Enforcement Directorate (ED).

Delhi High Court Directs MCD To Pay ₹10 Lakh Compensation To Parents For Death Of Their Son Due To Its Negligence

Title: Munna v. MCD

Citation: 2024 LiveLaw (Del) 1025

The Delhi High Court has directed the Municipal Corporation of Delhi (MCD) to pay Rs. 10 lakh as compensation to the parents of a minor child, who passed away after a lantern/slab fell on him from the premises owned by MCD.

A single bench of Justice Purushaindra Kumar Kaurav found the MCD to be negligent in maintaining safe conditions of its premises and invoked the maxim 'res ipsa loquitur' to place liability on the MCD.

Delhi High Court Orders Over ₹9 Lakh Compensation To Minor Who Was Sexually Abused By Father, Calls It Essential Part Of 'Curing Justice'

Title: X v. State & Anr.

Citation: 2024 LiveLaw (Del) 1026

The Delhi High Court has recently directed the DSLSA to pay Rs. 9.65 lakh of compensation to a minor rape victim who was sexually abused and assaulted by her father in 2018. The minor was 17 years of age at the time of the incident.

Delhi High Court Sets Aside Charges Framed Against Mother For Failing To Report POCSO Case Against Daughter

Title: RB v. STATE NCT OF DELHI

Citation: 2024 LiveLaw (Del) 1027

The Delhi High Court has recently set aside a trial court order framing charges against a mother for failing to report offences under POCSO Act against her 16-year-old daughter who was allegedly raped by her father.

Justice Anish Dayal observed that the mother who was herself the victim of sexual abuse by her husband, had become the accused by applying Section 21 of the POCSO Act, wholly insulated from the background facts and circumstances of the case.

Delhi High Court Passes 'Dynamic+' Injunction To Protect Copyrighted Works Of Warner Bros, Netflix & Others

Title: WARNER BROS. ENTERTAINMENT INC. & ORS. v. MOVIESMOD.BET & ORS.

Citation: 2024 LiveLaw (Del) 1028

The Delhi High Court has recently passed a dynamic+ injunction to protect the copyrighted works of Warner Bros, Netflix, Disney and other global entertainment companies.

Justice Saurabh Banerjee was dealing with a suit filed by global entities against 45 rogue websites seeking to restrain them from hosting and streaming their copyrighted works in various movies and shows.

Abysmal State Of Affairs That Litigants Prefer False Complaints In Matrimonial Disputes: Delhi High Court Quashes FIR

Title: PRATEEK & ORS. v. STATE NCT OF DELHI AND ANR

Citation: 2024 LiveLaw (Del) 1029

The Delhi High Court has recently observed that it is an “abysmal state of affairs” that litigants have resorted to preferring false complaints in matrimonial disputes against the opposite party, thereby making a mockery of the judicial system.

Offence Committed In Foreign Country Can Be Treated As Predicate Offence Under PMLA When Proceeds Of Crime Travels To India: Delhi HC

Title: ADNAN NISAR v. ED & other connected matters

Citation: 2024 LiveLaw (Del) 1030

The Delhi High Court has held that an offence committed in a foreign country under laws of that nation can be treated as a predicate offence under PMLA if it has “cross border implications” and the proceeds of the crime have travelled to India.

Service Bond Is Not A Contract Of Employment, Delhi High Court Upholds ESIC's Decision To Reduce Bond Period From Five/Three Years To One Year Post Qualification

Case Title: DR ANKIT SHARMA & ORS versus UNION OF INDIA & ORS. and other connected matters

Citation: 2024 LiveLaw (Del) 1031

The Delhi High Court has dismissed a batch of petitions filed by the Petitioners challenging the common order of the Central Administrative Tribunal (CAT) which upheld the decision of Employees State Insurance Corporation (ESIC) Dental College and Hospital in Rohini, Delhi. ESIC had reduced the service bond period to one year From Five/Three Years after attaining the qualification as per the revised policy.

Both Parties Are Entitled To Get The Benefit Of The Latter Part Of Section 34(3) While Computing The Period Of Limitation: Delhi High Court

Case Title: Prime Interglobe Private Limited v. Super Milk Products Private Limited

Citation: 2024 LiveLaw (Del) 1032

The Delhi High Court bench of Justice C. Hari Shankar, while hearing a Section 34 petition, has held that any party can benefit from the second part of Section 34(3) when calculating the limitation period. The statute's language does not specify who should request under Section 33. Therefore, the benefit of calculating the limitation period from the date of disposal of the Section 33 application is available to both parties.

Delhi Is Of Migrants, Benefit Of Reservation To Any Category Can't Be Denied: High Court

Title: DELHI SUBORDINATE SERVICES SELECTION BOARD AND ANR. v. VISHNU KUMAR BADETIYA

Citation: 2024 LiveLaw (Del) 1033

The Delhi High Court has recently held that the national capital, being a Union Territory, is of migrants and benefit of reservation to any particular category cannot be denied.

“It is also not in dispute, NCT of Delhi being Union Territory for all purposes, except for running administration, is of migrants, therefore, benefit of reservation to any category cannot be denied,” a division bench comprising Justice Suresh Kumar Kait and Justice Girish Kathpalia said.

Delhi High Court Denies Bail To British National Jagtar Singh Johal In Murder, UAPA Cases

Title: JAGTAR SINGH JOHAL @ JAGGI v. NIA and other connected matters

Citation: 2024 LiveLaw (Del) 1034

The Delhi High Court has denied bail to British national Jagtar Singh Johal in seven murder and UAPA cases being probed by the National Investigation Agency (NIA).

A division bench comprising Justice Prathiba M Singh and Justice Amit Sharma dismissed the bail appeals filed by Johal in the UAPA cases alleging series of targeted killings during 2016-2017 in Ludhiana and Jalandhar Districts of Punjab.

Delhi High Court Restrains Businesses From Using Amul's Trademark On Their Pharmaceutical Products, Directs Payment Of ₹5 Lakhs In Damages & Costs

Case title: Kaira District Cooperative Milk Producers Union Ltd & Anr. cs. Bio Logic And Psychotropics India Private Ltd & Anr.

Citation: 2024 LiveLaw (Del) 1035

The Delhi High Court has issued a permanent injunction in favour of Amul, against businesses dealing in pharmaceutical products, from using 'AMUL' trademark on their products. The Court imposed costs and damages of Rs. 5 lakh against them for infringing Amul's well-known trademark.

Delhi High Court Stays Arbitral Awards Due To Unilateral Appointment Of Arbitrator

Case Title: M/s PGL Estatecon Pvt. Ltd. vs. M/s Jyoti Enterprises

Citation: 2024 LiveLaw (Del) 1036

The Delhi High Court bench presided by Justice C. Hari Shankar has stayed the execution of two arbitral awards, holding that the unilateral appointment of the arbitrator by the respondent, without court intervention under Section 11 of the Arbitration and Conciliation Act, 1996, and in violation of Section 12(5) of the Act, rendered the arbitration proceedings invalid ab initio.

Since Seat Is Fixed, Only Court Having Territorial Jurisdiction Over Seat Has Jurisdiction Over Arbitral Proceedings: Delhi High Court

Case Title: Grand Motors Sale And Services Pvt Ltd v. VE Commercial Vehicles Ltd

Citation: 2024 LiveLaw (Del) 1037

The Delhi High Court bench of Justice C. Hari Shankar, while hearing a Section 11 petition, has held that when the seat of the arbitration is contractually fixed, only those Courts having territorial jurisdiction over the seat would have the curial jurisdiction over the arbitral proceedings. Following the dictum in BGS SGS Soma JV v. NHPC Ltd, the court held that the High Court of Delhi has the jurisdiction to entertain the Section 34 petition.

'Urban Planning Failure': Delhi High Court On Parking Issue In Residential Colonies, Calls For Policy Based Response From Municipal Authorities

Title: SURMILA v. THE COMMISSIONER OF POLICE & ORS.

Citation: 2024 LiveLaw (Del) 1038

Calling it an “urban planning failure”, the Delhi High Court has said that the issue of parking space in residential colonies in the national capital requires a policy based response from the municipal authorities.

“The absence of dedicated parking spaces in residential colonies is a civic issue that requires a policy- based response from municipal authorities rather than judicial intervention in individual disputes,” Justice Sanjeev Narula said.

DCW Appointments: Delhi High Court Dismisses Former Chairperson Swati Maliwal's Plea Against Framing Of Corruption Charges

Case Title: Swati Maliwal v. State and other connected matter

Citation: 2024 LiveLaw (Del) 1039

The Delhi High Court has dismissed a plea filed by AAP Rajya Sabha MP Swati Maliwal challenging a trial court order framing corruption charges against her for allegedly abusing her official position by illegally appointing various acquaintances, including AAP workers, in the Chairperson of Delhi Commission for Women (DCW) between August 6, 2015 to August 1, 2016.

Maliwal was then the Chairperson of DCW.

Profits Attributable To Permanent Establishment Can't Be Ignored On Basis Of Global Income Or Loss Earned/ Incurred By Cross Border Entity: Delhi HC

Case Title: HYATT INTERNATIONAL SOUTHWEST ASIA vs. ADDITIONAL DIRECTOR OF INCOME TAX

Citation: 2024 LiveLaw (Del) 1040

Referring to Article 7 of the Double Taxation Avoidance Agreement (DTAA) entered into between the Government of United Arab Emirates and the Republic of India, the Delhi High Court held that the right of the Holding company (source State) to allocate or attribute income to the Permanent Establishment (PE) cannot be restricted on the basis of the global income or loss that may have been earned or incurred by a cross-border entity.

Department Can't Issue SCN Simply Alleging Misstatement, Without Pointing Out Specific Fact Of Suppression By Taxpayer: Delhi HC

Case Title: M/s SS Enterprises versus Principal Commissioner

Citation: 2024 LiveLaw (Del) 1041

Finding that the Show cause notice (SCN) issued to the petitioner/assessee did not set out any intelligible reasons for cancellation of its GST registration, the Delhi High Court quashed the said SCN.

Staff Welfare Expenditure Incurred By Employer As Per SEBI Guidelines Is Revenue Expenditure: Delhi High Court

Case Title: PCIT versus RELIGARE SECURITIES LTD.

Citation: 2024 LiveLaw (Del) 1042

Emphasizing that shares which is subject to a lock-in stipulation, could not be sold in an open market, the Delhi High Court held that valuation report obtained by the employer for ascertaining its withholding tax obligations during allotment of such shares to its employees as a perquisite, cannot be considered for purpose of Fair Market Value (FMV) of those shares.

Pension Regulations For Army Applicable To Defence Security Corps Service, Delhi HC Allows Condonation Of Shortfall In Service For Pension Benefits

Title: UNION OF INDIA & ORS.v. EX/NK CHINNA VEDIYAPPAN

Citation: 2024 LiveLaw (Del) 1043

A division bench of the Delhi High Court comprising of Justice Rekha Palli & Justice Shalinder Kaur, while deciding a writ petition held that the Pension Regulations for the Army, 1961 are also applicable to DSC service, hence allowed the condonation of shortfall in DSC service for the pension benefits.

Delhi High Court Quashes POCSO Charges Against 19-Yr Old Boy For Consensual Relationship With Minor Girl

Case title: Mr. Sujit Kumar Vs. State (Govt. Of Nct Of Delhi) And And

Citation: 2024 LiveLaw (Del) 1044

The Delhi High Court has quashed a First Information Report (FIR) against a 19-year old man for offence of rape against a 17-year old girl by taking into account the circumstances of the case, including that the accused and minor had entered into sexual relations consensually, begotten a child together and that the minor's mother had no objection to the quashing of the FIR.

The Court noted that the minor girl is staying with her parents along with her child and stated that if FIR is not quashed, it would “adversely affect the minor child who needs protection and care from his parents, and destroy the lives of three individuals, the couple and the new born.”

Delhi High Court Refuses To Entertain Plea Challenging Rule Mandating Preservation Of Unused Embryos Solely For Original-Recipient

Title: Dr. Aniruddha Narayan Malpani v. Union of India

Citation: 2024 LiveLaw (Del) 1045

The Delhi High Court has refused to entertain a plea challenging the Rule which mandates that all unused gametes or embryos shall be preserved by the assisted reproductive technology clinic for use on the same recipient and shall not be used for any other couple or woman.

Vulnerable Witnesses Must Be Protected From Unnecessary Re-Traumatisation In Sensitive Cases: Delhi High Court

Title: SUDARSHAN v. THE STATE (GOVT. OF NCT OF DELHI) & ANR.

Citation: 2024 LiveLaw (Del) 1046

While dealing with a case under the POCSO Act, the Delhi High Court has observed that vulnerable witnesses must be protected from unnecessary re-traumatization, particularly in sensitive cases.

Emphasising that recalling a victim for additional cross-examination is not a matter to be taken lightly, Justice Amit Mahajan said:

“When a victim, especially a child or someone of tender age, is recalled to the stand, they are compelled to relive the traumatic events associated with the incident. Such repeated questioning can result in significant emotional distress and further psychological harm.”

S.125 CrPC | Wife Not Disentitled To Claim Maintenance Merely Because She Seeks Divorce: Delhi High Court

Title: MANISH v. STATE OF NCT OF DELHI & ANR.

Citation: 2024 LiveLaw (Del) 1047

The Delhi High Court has recently observed that a wife cannot be disentitled from claiming any maintenance merely because she seeks divorce after having left the company of her husband due to sufficient reasons.

Flipkart's 'Latching-On' Feature Can't Be Used To Sell Counterfeit Products Or Mislead Gullible Public: Delhi High Court

Title: MODERN MOLD PLAST PVT. LTD. & ANR. v. FLIPKART INTERNET PT. LTD. & ORS.

Citation: 2024 LiveLaw (Del) 1048

The Delhi High Court has observed that the feature of latching-on offered by e-commerce platform Flipkart cannot be used to sell counterfeit products or to mislead the gullible public into purchasing products as emanating from a particular source when they do not do so.

Latching on is the feature whereby an e-commerce platform permits third party sellers to place a listing under an already listed product on the website. 'More sellers' option on a product's page allows a user to see other traders of the same product.

Proper Officer Has No Evidence That Taxpayer Did Not Exist At Principal Place Of Business: Delhi HC Quashes Order Cancelling GST Registration With Retro Effect

Case Title: Singhal Singh Rawat versus Commissioner of Central Goods And Services Tax (CGST)

Citation: 2024 LiveLaw (Del) 1049

Pointing out that the order cancelling the petitioner's GST registration with retrospective effect does not indicate any reason except referring to the SCN, the Delhi High Court quashed the said order and permitted the petitioner to file a response to the SCN.

Delhi High Court Dismisses Plea Against Installation Of 'Jhansi Rani' Statue Inside Shahi Idgah Park

Title: SHAHI IDGAH MANAGING COMMITTEE v. DELHI DEVELOPMENT AUTHORITY & ORS.

Citation: 2024 LiveLaw (Del) 1050

The Delhi High Court has dismissed a petition against the installation of the statue of “Maharani of Jhansi” inside the Shahi Idgah Park situated at city's Sadar Bazar area.

Justice Dharmesh Sharma rejected the petition moved by Shahi Idgah Managing Committee seeking directions on the civic authorities to not encroach upon the Shahi Idgah, claiming it to be a waqf property.

Lawyers Must Be Sensitized To Not File Frivolous Cases Alleging Sexual Harassment, Outraging Modesty Of Women: Delhi High Court

Title: MS RAJESH WADHWA AND ORS. v. THE STATE NCT OF DELHI AND ANR. and other connected matter

Citation: 2024 LiveLaw (Del) 1051

The Delhi High Court has recently called for sensitization of lawyers to ensure that the process of law is not abused by filing frivolous cases for the offences alleging sexual harassment and outraging modesty of women.

Justice Subramonium Prasad said that time has come to initiate action against individuals who file frivolous complaints under Sections 354 (outraging modesty of women), 354A (sexual harassment), 354B (assault or use of criminal force to woman with intent to disrobe), 354C (voyeurism) and 354D (stalking) of the Indian Penal Code, 1860, etc. only for ulterior purpose.

Wife Compelled To Leave Matrimonial House Due To Husband's Extra Marital Affair Makes Her Victim Of Domestic Violence: Delhi High Court

Title: X v. Y

Citation: 2024 LiveLaw (Del) 1052

The Delhi High Court has recently observed that a husband living with another lady and having a child with her makes the wife victim of domestic violence under the Domestic Violence Act.

“No lady can tolerate that her husband is cohabiting with another lady and has a child from her. All these facts make the Respondent/Wife a victim of Domestic Violence. The contention of the Petitioner that the complaint filed by the Respondent/Wife does not come within the four corners of the DV Act cannot be accepted. The Respondent had to leave her matrimonial house because she was unable to tolerate the fact that her husband is living with another woman,” the court said.

POCSO Act: Delhi High Court Issues Directions For Disbursal Of Compensation To Child Victims By DSLSA

Title: ABHISHEK YADAV v. DELHI STATE LEGAL SERVICES AUTHORITY & ANR.

Citation: 2024 LiveLaw (Del) 1053

The Delhi High Court has issued directions for disbursal of compensation to the child victims of sexual abuse under the POCSO Act by the Delhi State Legal Services Authority (DSLSA).

A division bench comprising of Justice Rajiv Shakdher and Justice Amit Bansal inserted a sixth part (Part F) in the existing SOP framed in the backdrop of Delhi Victim Compensation Scheme, 2018, which contained five parts.

Application U/S 12 Of Domestic Violence Act Can Only Be Filed Before Jurisdictional Magistrate: Delhi High Court

Title: X v. Y

Citation: 2024 LiveLaw (Del) 1054

The Delhi High Court has observed that an application under Section 12 of the Domestic Violence Act can only be filed before the jurisdictional magistrate.

Section 12 states that an “aggrieved person” or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs under the Domestic Violence Act.

Drawing Cheque Of Time-Barred Debt Resurrects Debt Through S.25(3) Of Indian Contracts Act, Triggers Liability U/S 138 NI Act: Delhi High Court

Case title: RAJEEV KUMAR vs. THE STATE NCT OF DELHI & ANR.

Citation: 2024 LiveLaw (Del) 1055

The Delhi High Court had observed that the presentation of a cheque of a time-barred debt itself revives the debt under Section 25(3) of the Indian Contract Act, 1872. It stated that the furnishing of the cheque is in itself an acknowledgement of a debt or liability and thus in case of dishonour of the cheque, the creditor can enforce legal liability and the accused cannot claim that debt has been barred by limitation.

Document Classified As 'Top Secret' Under Official Secrets Act Can't Be Directed To Be Produced By Arbitral Tribunal: Delhi High Court

Title: DIRECTOR GENERAL, PROJECT VARSHA MINISTRY OF DEFENCE (NAVY), UNION OF INDIA, NEW DELHI v. M/S NAVAYUGA-VAN OORD JV

Citation: 2024 LiveLaw (Del) 1056

The Delhi High Court has held that a document classified “Top Secret” and “Protected” under the Official Secrets Act, 1923, cannot be directed to be produced by an Arbitral Tribunal.

Justice Manoj Jain allowed the plea moved by Director General of Project Varsha, Union Ministry of Defence, against an order directing it to submit documents concerning the project in a sealed cover to the Arbitral Tribunal.

AgustaWestland Case: Delhi High Court Denies Bail To Christian Michel In CBI FIR

Case Title: Christian Michel James v. CBI

Citation: 2024 LiveLaw (Del) 1057

The Delhi High Court has dismissed the bail application filed by British Arms Counsultant Christian James Michel in the case registered by Central Bureau of Investigation (CBI) in connection with the Agusta Westland chopper scam case.

'We Don't Frame System Of Money Transfers': Delhi High Court On PIL Seeking 'Uniform Banking Code' To Regulate Foreign Exchange Transactions

Case Title: Ashwini Kumar Upadhyay v. Union of India

Citation: 2024 LiveLaw (Del) 1058

The Delhi High Court has directed the Union Government to treat as representation a public interest litigation moved by Advocate and BJP leader Ashwini Kumar Upadhyay, seeking implementation of a "Uniform Banking Code" for Foreign Exchange Transactions.

A division bench comprising Chief Justice designate, Justice Manmohan and Justice Tushar Rao Gedela directed the Centre to decide the plea after taking inputs from the Ministry of Home Affairs and the Reserve Bank of India by way of a speaking order, as expeditiously as possible.

'Can't Get Into This': Delhi High Court On Plea To Include Chapter On 'Dharma' And 'Religion' In School Syllabus

Title: ASHWINI KUMAR UPADHYAY v. UNION OF INDIA & OTHERS

Citation: 2024 LiveLaw (Del) 1059

The Delhi High Court has directed the Union Government to treat as representation a PIL seeking to distinguish between “Dharma” and “Religion” and to include a chapter on the subject in the curriculum of primary and secondary schools.

Taxation And Other Laws Act, 2020 Does Not Alter Sanction Powers For Reopening Conferred U/s 151 Of Income Tax Act: Delhi High Court

Case Title: Abhinav Jindal HUF versus ITO

Citation: 2024 LiveLaw (Del) 1060

The Delhi High Court recently clarified that the TOLA [Taxation and Other Laws (Relaxation & Amendment of Certain Provisions) Act, 2020] authorisation merely enables the competent authority to take action within the extended time period which would have otherwise been regulated by Sections 148 and 149, but does not amend the structure for approval which stands erected by virtue of Section 151.

DUSU Elections: High Court Halts Counting Of Votes, Pulls Up Delhi University Over Failure To Discipline Candidates

Title: Prashant Manchanda v. Union of India & Ors.

Citation: 2024 LiveLaw (Del) 1061

The Delhi High Court has halted the process of counting of votes for the ongoing Delhi University Students' Union (DUSU) elections of the varsity and other colleges in the wake of candidates indulging in acts of vandalism and defacement of public properties.

A division bench comprising of Chief Justice designate Justice Manmohan and Justice Tushar Rao Gedela directed that no counting of votes shall take place till the Court is satisfied that the posters, spraypaints and graffitis are removed and public properties are restored.

Power Of Courts To Substitute Arbitrator Under Section 29A(6) Essentially To Further Intent Of Section 29A: Delhi High Court

Case Title: Poonam Mittal v. Creat Ed Pvt. Ltd.

Citation: 2024 LiveLaw (Del) 1062

The Delhi High Court bench of Justice C. Hari Shankar, while hearing a petition filed under Section 29A(4) and (6) of the Arbitration Act, has held that Sub-section (6) pertaining to substitute the arbitrator is there to further the purpose of Section 29A.

Right To File Section 14 Petition Absolute And Untrammeled By Any Other Considerations: Delhi High Court

Case Title: Yves Saint Laurent v. Brompton Lifestyle Brands Private Limited & Anr.

Citation: 2024 LiveLaw (Del) 1063

The Delhi High Court bench of Justice C. Hari Shankar, while hearing a petition challenging the jurisdiction of the tribunal, has held that the right of a party to file a Section 14 petition seeking to terminate the mandate of the tribunal is not curtailed because the party had previously filed a Section 16 application before the tribunal and lost.

Contempt Of Court Excludes Negligent Or Thoughtless Actions, Willful Conduct Requires Evil Motive Of Contemnor: Delhi High Court

Case title: Rajiv Oberoi vs. Rajesh Gupta

Citation: 2024 LiveLaw (Del) 1064

The Delhi High Court has observed that to punish a party for contempt of a court's order, it has to be established that the disobedience of the order was 'wilful' and does not include acts which were done negligently or thoughtlessly.

Bail Can't Be Denied Under PMLA On Mere Assumption That Property Recovered From Accused Must Be Proceed Of Crime: Delhi High Court

Title: DIRECTORATE OF ENFORCEMENT v. RAHIL HITESHBHAI CHOVATIA

Citation: 2024 LiveLaw (Del) 1065

The Delhi High Court has recently held that bail cannot be denied under Prevention of Money Laundering Act, 2002, merely on the assumption that the property recovered from the accused must be proceed of crime.

[POCSO Act] Teenage Love Falls In 'Legal Grey Area', Debatable If It Can Be Categorized As Offence: Delhi High Court

Title: SHUBHAM v. STATE OF NCT OF DELHI

Citation: 2024 LiveLaw (Del) 1066

The Delhi High Court has recently observed that “teenage love” fall in a “legal grey area” and it is debatable if it can be categorized as an offence.

Justice Subramonium Prasad observed that the Court is coming across a number of cases where girls aged more than 17 years elope with boys of their choice and their parents force them to change their statement before the police when they are caught.

Delhi HC Lets Woman Replace Step-Mom's Name In CBSE Records, Cites Fundamental Right To Have One's Identity Linked With Biological Mother

Title: SHWETA v. CENTRAL BOARD OF SECONDARY EDUCATION & ANR.

Citation: 2024 LiveLaw (Del) 1067

While dealing with a daughter's case to have her biological mother's name entered in the official records, the Delhi High Court recognized the fundamental right to have one's identity linked with the biological mother.

Mistake Apparent On Record Pertaining To 'Disputed Tax' & 'Tax Arrears' Can Be Rectified Under Vivad Se Vishwas Scheme: Delhi HC

Case Title: Fresh Pet Private Limited vs Principal Commissioner Of Income Tax

Citation: 2024 LiveLaw (Del) 1068

The Delhi High Court held that the once the relief is already accorded to assessee in the original assessment order, then Designated Authority (DA) can rectify the mistake apparent on record by allowing the assessee to file a fresh Form 3 under VSV Act.

Continuation Of Proceedings On Ceased Entity Is Not Curable U/s 292B: Delhi High Court

Case Title: International Hospital vs. DCIT

Citation: 2024 LiveLaw (Del) 1069

While following the decision of Apex Court in Principal Commissioner of Income Tax, New Delhi vs Maruti Suzuki (India) Limited [(2020) 18 SCC 331], the Delhi High Court held that the initiation or continuation of assessment or reassessment proceedings after a company cease to exist due to merger pursuant to a Scheme of Arrangement, is not sustainable, and cannot be cured by applying Section 292B.

Delhi High Court Orders ₹2.5 Lakh Compensation For Infant's Death By Dog Bite, Highlights Stray Dog Menace

Title: GEETA DEVI v. GOVT OF NCT OF DELHI & ORS.

Citation: 2024 LiveLaw (Del) 1070

The Delhi High Court has ordered ex gratia compensation of Rs. 2.5 lakh to a mother for the death of her 5 month old infant child, who was mauled and fatally bitten by a stray dog, leading to his death in 2007.

“Notwithstanding the factual scenario of the present case, before parting, it is pertinent to observe here that the stray dog menace in Delhi is a serious issue affecting human life and dignity,” Justice Purushaindra Kumar Kaurav observed.

ISRO Administrative Officer Post, Selection Not Arbitrary, Candidates Participated Without Any Challenge To Process, Can't Question Later; Delhi High Court Reiterates

Case Title: RAVI KUMAR Versus DEPARTMENT OF SPACE AND ORS.

Citation: 2024 LiveLaw (Del) 1071

The Delhi High Court has dismissed a Petition filed against the order passed by the Central Administrative Tribunal (CAT). The petitioner had challenged the results finalized by the ISRO against the post of Administrative Officer

Delhi HC Tells Lawyers To Not Use Old Criminal Laws In New Filings, Asks Them To Also Mention New Criminal Laws For Filings In Old Cases

Title: STATE THROUGH RPF v. DHARMENDRA @ DHARMA

Citation: 2024 LiveLaw (Del) 1072

The Delhi High Court has taken a “serious view” of the reliance upon old criminal laws by advocates to file new applications or petitions, despite implementation of new laws with effect from July 01.

Justice Chandra Dhari Singh directed the Registry to ensure that the new applications or pleas are filed under the new laws only.

Liberty Given To Revenue In SC's Abhisar Buildwell Judgment To Initiate Reassessment Proceedings Doesn't Overcome Limitation U/S 149 Income Tax Act: Delhi HC

Case title: Arn Infrastructures India Limited v. Assistant Commissioner Of Income Tax Central Circle-28 Delhi & Ors. (and connected matters)

Citation: 2024 LiveLaw (Del) 1073

The Delhi High Court has made it clear that the Supreme Court judgment in Abhisar Buildwell, which granted liberty to the Revenue Department to initiate reassessment proceedings under Sections 147/148 of the Income Tax Act- in case of completed/ unabated assessment, if no incriminating material is found during the search- cannot be construed to be an authority to override the limitation prescribed under Section 149 of the Act.

Credit Card Fees Payable To Foreign Counterpart Of Indian Banking Company Is Not Taxable In India: Delhi High Court

Case Title: Director of Income Tax versus ANZ Grindlays Bank

Citation: 2024 LiveLaw (Del) 1074

The Delhi High Court held that fees received by the foreign branch of banking company for extending a credit line to the account holder outside India, would not be taxable in India.

Sole Proprietor 'Alone' Liable U/S 138 NI Act For Dishonour Of Cheques Issued To Repay Debt: Delhi High Court

Case title: Sanat Kumar v/s Sanjay Sharma

Citation: 2024 LiveLaw (Del) 1075

While hearing a cheque bouncing case, the Delhi High Court reiterated that in respect of a sole proprietorship firm, the sole proprietor alone can be held responsible for cheques issued by the firm for repaying a debt.

Criminal Conviction Necessary For Forfeiture Of Employee's Gratuity: Delhi High Court

Case Title: Punjab National Bank v. Niraj Gupta & Anr.

Citation: 2024 LiveLaw (Del) 1076

Recently, a Division Bench comprising of Justice Suresh Kumar Kait and Justice Girish Kathpalia considered an appeal pertaining to the issue of alleged "moral turpitude" of an employee of Punjab National Bank (“Bank‟) under the Payment of Gratuity Act, 1972, and also, whether the Bank was justified in forfeiting the gratuity without a criminal conviction. The Division Bench upheld the decision of the Single Judge, emphasizing that for the forfeiture of gratuity under the Payment of Gratuity Act, 1972, a criminal conviction is necessary to establish moral turpitude.

Delhi High Court Confirms Employee's Discharge For Failing To Withdraw Within Time His Voluntary Unwillingness To Serve

Title: EX CHAA MOHAMMED ZULKARNAIN, 550032-Z v. UNION OF INDIA & ORS.

Citation: 2024 LiveLaw (Del) 1077

A division bench of the Delhi High Court comprising of Justice Rekha Palli & Justice Shalinder Kaur, while deciding a writ petition held that employee's discharge from service was legal as he failed to withdraw within time period his voluntary unwillingness to serve.

Harsher Punishment Of Dismissal, Compared To Lighter Punishment For Co-Delinquent In Same Incident, Unsustainable: Delhi High Court

Title: PUNJAB AND SINDH BANK v. SH. RAJ KUMAR

Citation: 2024 LiveLaw (Del) 1078

A division bench of the Delhi High Court comprising of Justice Suresh Kumar Kait & Justice Girish Kathpalia, while deciding a Letters Patent Appeal held that the harsher punishment of dismissal from service as compared to lighter punishment of compulsory retirement for a co-delinquent in same incident is unsustainable.

Delhi High Court Rejects Woman's Plea Seeking FIR Into Daughter's Death In 2013 Over Alleged Political Conspiracy Involving Arvind Kejriwal

Title: KALAWATI v. THE STATE GOVT. OF NCT OF DELHI

Citation: 2024 LiveLaw (Del) 1105

The Delhi High Court has recently rejected a petition filed by a mother seeking registration of FIR into her daughter's death in 2013 pursuant to an alleged political conspiracy involving former Chief Minister Arvind Kejriwal, Kumar Vishvas and other Aam Aadmi Party (AAP) workers.

Justice Neena Bansal Krishna dismissed the plea filed by Kalawati who challenged the trial court order passed last year rejecting her application seeking registration of FIR under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

Delhi High Court Issues Directions To Prevent Delay In Releasing Compensation To POCSO Survivors

Title: RAM PREET v. STATE

Citation: 2024 LiveLaw (Del) 1106

The Delhi High Court has issued directions to prevent delay in releasing compensation by the Delhi State Legal Services Authority (DSLSA) to the survivors in POCSO cases.

A division bench comprising of Justice Prathiba M Singh and Justice Amit Sharma that there is clearly a disconnect between the POCSO Courts and the concerned Delhi State Legal Service Authorities on the issue.

Delhi High Court Passes John Doe Order To Protect Personality Rights Of Indian Actor And Producer Vishnu Manchu

Title: MANCHU VISHNU VARDHAN BABU ALIAS VISHNU MANCHU v. AREBUMDUM & ORS.

Citation: 2024 LiveLaw (Del) 1107

The Delhi High Court has recently passed a john doe order to protect the personality rights of Indian actor and film producer Vishnu Manchu who is known for his work primarily in Telugu cinema.

Justice Mini Pushkarna was dealing with Vishnu's suit seeking protection of his name, voice, image, likeness and all other elements of his personality. The suit was filed against the unauthorized use of his personality elements, alleging that the same were used by third parties which was likely to create confusion and deception amongst the public.

Delhi High Court Directs District Courts To Ensure Recording Advocates' Appearances In Order Sheets, Calls For 'Drop Box', 'Chat Box' System

Title: RANJEET KUMAR THAKUR v. UOI & ORS.

Citation: 2024 LiveLaw (Del) 1108

The Delhi High Court has recently directed all the district courts in the national capital to ensure that the appearances of advocates are properly recorded in the order sheets.

Justice Sanjeev Narula directed the Principal District and Sessions Judge (Headquarters) to issue necessary instructions to all District Courts on the issue.

Delhi High Court Passes John Doe Order To Protect Trademark Of Master Capital Services, Asks Meta To Block WhatsApp Accounts Misusing Mark

Case title: Master Capital Services Limited & Anr. vs. John Doe & Ors.

Citation: 2024 LiveLaw (Del) 1109

The Delhi High Court has issued an ex-parte temporary injunction against unidentified individuals, restraining them from using the trademark 'Master Trust', owned by Master Capital Services Limited.

The Court also directed Meta, Ministry of Electronics and Information Technology and Department of Telecommunications to block WhatsApp accounts of groups, which are claiming association with Master Capital and asking public to invest funds.

Litigants Must First Approach Administrative Tribunal In Matters Even Regarding Irregularities Concerning Recruitment To Posts Under Union And Not High Court Directly: Delhi High Court

Case Tittle: Parikshit Grewal & Ors versus Union of India & Anr.

Citation: 2024 LiveLaw (Del) 1110

A Division Bench of the Delhi High Court comprising of Justices C. Hari Shankar and Sudhir Kumar Jain held that the Administrative Tribunal has the jurisdiction, powers and authority exercised by all the courts in relation to recruitment and matters in relation to recruitment to a civil post under section 14(1) of the Administrative Tribunals Act

Air Force Sports Complex Not A 'Public Authority' Under RTI Act: Delhi High Court

Title: AIR FORCE SPORTS COMPLEX (AFSC) v. LT. GEN S S DAHIYA

Citation: 2024 LiveLaw (Del) 1111

The Delhi High Court has observed that the Air Force Sports Complex (AFSC) is not a 'public authority' under the Right to Information Act, 2005 (RTI Act) on the ground that the government does not exercise significant control over AFSC and its operations are not dependant on funding from the government.

Delhi High Court Dismisses Plea To Disqualify BCI Chairman Manan Kumar Mishra From Rajya Sabha, Imposes ₹25K Costs

Title: AMIT KUMAR DIWAKAR v. UNION OF INDIA THROUGH SECRETARY & ORS.

Citation: 2024 LiveLaw (Del) 1112

The Delhi High Court has dismissed a petition seeking to disqualify Bar Council of India (BCI) Chairman Manan Kumar Mishra from the Rajya Sabha, with costs of Rs. 25,000.

Justice Sanjeev Narula rejected the plea moved by Advocate Amit Kumar Diwakar, who alleged that Mishra, while holding the office of Chairman of BCI, which is a statutory body, cannot simultaneously serve as a sitting member of the Rajya Sabha.

Repudiation Of Claims Making Dispute Non-Arbitrable Is For Arbitral Tribunal To Adjudicate Upon, Not Courts At Section 11 Stage: Delhi High Court

Case Title: PayU Payments Private Limited v. The New India Assurance Co Ltd

Citation: 2024 LiveLaw (Del) 1113

The Delhi High Court, following the law laid down in SBI General Insurance Co Ltd v. Krish Spinning, has held that the aspects of non-arbitrability of a claim are for the arbitral tribunal to adjudicate, and courts at Section 11 stage cannot examine the same.

While Adjudicating On Challenges Against Arbitral Tribunals' Orders U/S 17 Of A&C Act, Court Not Strictly Bound By O.38 & O.39 CPC: Delhi HC

Case Title: LAVA INTERNATIONAL LIMITED Vs MINTELLECTUALS LLP

Citation: 2024 LiveLaw (Del) 1114

The Delhi High Court bench comprising Justice Prateek Jalan has held that in orders passed by the arbitral tribunal under Section 17 of the Arbitration and Conciliation Act, 1996, the court is not bound by the principles underlying Order XXXVIII and XXXIX of the Civil Procedure Code.

Worshipper Cannot Claim Injunction To Stop Temple Demolition On Govt Land Without Demonstrating Any Personal Interest: Delhi High Court

Case title: Avinesh Kumar vs. Delhi Development Authority And Anr.

Citation: 2024 LiveLaw (Del) 1115

The Delhi High Court has observed that a 'worshipper of a temple', who has no personal interest over the temple property, cannot be granted a relief to stop the demolition of the temple built illegally on a land owned by the Delhi Development Authority (DDA).

Delhi High Court Sets Aside Arbitral Award Due To Failure Of Arbitrator To Disclose Conflict, Non-Supply Of Documents

Case Title: FLFL TRAVEL RETAIL LUCKNOW PRIVATE LIMITED Vs. AIRPORTS AUTHORITY OF INDIA & ANR.

Citation: 2024 LiveLaw (Del) 1116

The Delhi High Court bench of Justice Prateek Jalan has held that the duty of arbitrators of disclosure of any conflicts under Section 12 of the Arbitration and Conciliation Act, 1996 is mandatory and continuous throughout the proceedings. The court noted that disclosure must be in writing and a verbal disclosure does not suffice. The court also held that there was a violation of section 18 of the Act as the party has not had an opportunity to consider and respond to submissions on evidence furnished by the opposing party.

St Stephen's PG Seats Allocation: Delhi High Court Holds DU Officials Guilty Of 'Wilful Disobedience'

Case title: St. Stephan College vs. Vikash Gupta And Ors.

Citation: 2024 LiveLaw (Del) 1117

The Delhi High Court has found Delhi University (DU) officials to be in "wilful disobedience" of its order, where the DU was directed to allocate proportionate number of PG seats to St. Stephan College.

Legal Internships Do Not Amount To Active Legal Practice: Delhi High Court

Title: UJWAL GHAI v. DELHI HIGH COURT LEGAL SERVICES COMMITTEE (DHCLSC)

Citation: 2024 LiveLaw (Del) 1118

The Delhi High Court has recently observed that legal internships undertaken as law students do not amount to “active legal practice” after being enrolled as an advocate.

“Internships undertaken as part of legal education, though valuable in providing practical exposure, do not satisfy the professional experience requirement for practicing law,” Justice Sanjeev Narula observed.

Withholding Bail When Court Deemed It Fit To Release Accused Amounts To Punishment: Delhi High Court

Title: YUDHVEER SINGH YADAV v. CENTRAL BUREAU OF INESTIGATION THROUGH SECRETARY GOVERNMENT OF INDIA

Citation: 2024 LiveLaw (Del) 1119

The Delhi High Court has held that where a Court deems it fit to release an accused on merits, withholding bail amounts to a punishment.

“Therefore, if a Court on merits deems it fit to release an accused on bail, withholding the aforesaid relief will amount to be considered as a punishment,” Justice Chandra Dhari Singh said.

Prosecution, Legal Departments Must Exercise Due Diligence Before Initiating Cases: Delhi High Court On Frivolous Litigation

Title: STATE v. MANPAL & ORS

Citation: 2024 LiveLaw (Del) 1120

The Delhi High Court has observed that the prosecution and Delhi Government's Department of Law & Legislative Affairs must exercise due diligence before initiating cases and that legal process must not be misused through frivolous litigation.

Forum Shopping Is Abuse Of Legal Process And Cannot Be Condoned: Delhi High Court

Case title: MICHAEL BUILDERS AND DEVELOPERS PVT. LTD. v. NATIONAL MEDICAL COMMISSION AND ORS

Citation: 2024 LiveLaw (Del) 1121

The Delhi High Court Bench of Justice Swarana Kanta Sharma has held that forum shopping, i.e., such conduct, where the petitioner attempts to choose a forum favourable to them after having already approached the appropriate forum, is an abuse of legal process and cannot be condoned.

Delhi High Court Stays Decision Of Apex Council Which Altered Result Of 'Legends League' Cricket Match After Being Declared

Case Title: Mriksha Corporation Pvt Ltd v. Absolute Legends Sports Pvt Ltd & Anr.

Citation: 2024 LiveLaw (Del) 1122

The Delhi High Court bench of Justice Sachin Datta, while hearing a Section 9 petition under the A&C Act, has granted interim relief to the petitioner by staying the communication of Event Technical Committee (ETC) and the Apex Council which allowed the result of a cricket match to be altered after the result has been announced.

Article 227 Cannot Be Invoked When Interrogatories & Discoveries Allowed By Tribunal Are Not In Nature Of Fishing Inquiry: Delhi HC

Case Title: M/s Agarwal Associates (Promoters) Limited v. M/s Sharda Developers

Citation: 2024 LiveLaw (Del) 1123

The Delhi High Court has held that the scope of review under Article 227 is extremely narrow; the same cannot be invoked when the interrogatories and discoveries allowed by the tribunal have a co-relation and nexus with the subject matter of the dispute.

Annual Performance Appraisal Report Determining Career Progression Must Be Written By Superior Officers With Impartiality: Delhi High Court

Title: AMIT KUMAR GUPTA v. UNION OF INDIA AND ORS.

Citation: 2024 LiveLaw (Del) 1124

A division bench of the Delhi High Court comprising of Justice Navin Chawla & Justice Shalinder Kaur, held that annual performance appraisal report determining career progression and promotions must be written by superior officers with objectivity, impartiality, fairness and free from any prejudice.

Delhi High Court Orders Reinstatement Of CISF Officer Dismissed After Alleged Conspiracy Involving Sexual Harassment

Case Name: Satish Kumar vs. Union of India & Others

Citation: 2024 LiveLaw (Del) 1125

A division bench of Delhi High Court comprising Justice Rekha Palli and Justice Shalinder Kaur ordered the reinstatement of Satish Kumar, a Sub-Inspector (SI) with the Central Industrial Security Force (CISF), after finding that his dismissal following accusations of conspiring with a female constable in a sexual harassment case was unjustified. The court re-evaluated the evidence presented in the departmental inquiry due to the unique facts of the case, where the main charge against Kumar was tied to a superior officer who had himself been punished for sexual misconduct.

SC Candidates Holding Different States' Certificate Entitled To Claim Job Reservation In Union Territory, Delhi High Court Reiterates

Case Title: DSSSB and Anr. v. Dinesh Mahawar & Others.

Citation: 2024 LiveLaw (Del) 1126

Recently, a Division Bench of the Delhi High Court comprising of Justice C Hari Shankar and Justice Sudhir Kumar Jain heard a petition impugning the Judgment by Central Administrative Tribunal (“CAT”) which allowed the respondents' Original Applications (“OAs”) and held that the respondents were entitled to be treated as Scheduled Caste candidates based on the certificates held by them, though the certificate was issued outside Delhi.

Labour Court And Registrar Of Cooperative Societies Have Concurrent Jurisdiction For Disputes Relating To Disciplinary Action: Delhi High Court

Case Title: Sunil Kumar Tewatia v Jain Cooperative Bank

Citation: 2024 LiveLaw (Del) 1127

Recently, a Single Bench of the Delhi High Court comprising of Justice Tara Vitasta Ganju heard a petition impugning the award passed by the learned Additional District and Sessions Judge. By the Impugned Award, the complaint filed by the Petitioner on the applicability of the provisions of the Industrial Disputes Act, 1947, was dismissed by the Labour Court, in view of the specific bar as placed by the provisions of Section 70(1)(b) of the Delhi Cooperative Societies Act, 2003 [“DCS Act”].

Principle Of Judicial Non-Interference Is Fundamental To Both Domestic & International Arbitral Proceedings: Delhi High Court

Case Title: Rajesh Kumar Gupta v. Rajender and Others

Citation: 2024 LiveLaw (Del) 1128

The Delhi High Court Bench of Justice Subramonium Prasad observed that it is well settled that the principle of judicial non-interference in arbitral proceedings is fundamental to both domestic as well as international commercial arbitration and that the Arbitration Act is self contained code. In this case, a petition under section 11(5) of the Arbitration and Conciliation Act (Act) was filed seeking appointment of a sole arbitrator.

"Any Objection Regarding Non-Applicability Of MSMED Act Can Be Decided By Arbitral Tribunal U/S 16 Of A&C Act": Delhi High Court

Case Title: Corrtech International Pvt Ltd v. Delhi International Arbitration Center and Ors.

Citation: 2024 LiveLaw (Del) 1129

The Delhi High Court division bench of Chief Justice Manmohan and Justice Tushar Rao Gadela, while hearing an appeal, has upheld the order passed by a single-judge bench wherein it was held that the question of whether an entity was an MSME at the relevant time was to determined by the tribunal under section 16 of A&C Act and not the writ court.

Notice U/S 50 NDPS Act 'Not Necessary' For Search Of Bag As It Was Separate From Accused's Person: Delhi High Court

Case title: Emeka Prince Lath vs. State NCT of Delhi

Citation: 2024 LiveLaw (Del) 1130

While hearing a bail plea of a man booked for offences under the NDPS Act, the Delhi High Court said that the requirement of Section 50 notice under the NDPS Act would not be "necessary" in respect of the search of a bag which was thrown by the accused in the case, as the bag was separate from the accused's body.

The high court however noted that when the accused's personal search was conducted the provisions of Section 50 had been complied with. For context, Section 50 of the NDPS Act states the conditions under which search of persons shall be conducted.

Anganwadi Workers Can Earn From Other Sources As Recompense From Anganwari Work Is Meagre: Delhi High Court

Case Title: GOVT OF NCT OF DELHI AND ORS versus PARMILA DEVI

Citation: 2024 LiveLaw (Del) 1131

A Division Bench of the Delhi High Court comprising Justices Hari Shankar and Sudhir Kumar Jain has held that Anganwadi workers can have a source of additional income apart from Anganwari work. The Bench stated that it is not possible for Anganwadi workers to sustain themselves or their families from the salary earned by them as Anganwari workers and having more sources of income won't be unnatural.

Delhi High Court Grants Compassionate Allowance To Widow Of Dismissed Employee

Title: SMT USHA DEVI v. UNION OF INDIA AND ANR

Citation: 2024 LiveLaw (Del) 1132

A Division Bench Delhi High Court consisting of Justices C. Hari Shankar and Dr. Sudhir Kumar Jain ruled in favour of Usha Devi, directing the Union of India to grant her compassionate allowance under Rule 41 of the Central Civil Services (Pension) Rules, 1972. This decision overturned the rejection of her plea by the Central Administrative Tribunal (CAT), which had previously denied her request following the dismissal of her husband from government service.

Personal Information Of Employees Like Service Records, Copies Of Promotion & Financial Benefits Can't Be Disclosed Under RTI Act: Delhi High Court

Title: RYAN INTERNATIONAL SCHOOL v. CENTRAL INFOMATION COMMISSIONER AND ORS.

Citation: 2024 LiveLaw (Del) 1133

A single judge bench of the Delhi High Court comprising of Justice Sanjeev Narula, while deciding writ petition held that the personal information of employees like service records, copies of promotion & financial benefits can't be disclosed under the RTI Act.

Delhi High Court Allows Extension Of Arbitrator's Mandate Despite Post-Expiry Filing U/S 29A Of Arbitration Act

Case title: SWARANJIT SINGH NARULA SECURITY AGENCY v. NTPC LIMITED

Citation: 2024 LiveLaw (Del) 1134

The Delhi High Court Bench of Justice Prateek Jalan has held that a petition filed under Section 29A of the Act is maintainable even if it is filed after the expiry of the arbitrator's mandate.

Further, the court observed that this question is still pending before the Supreme Court due to a conflict of decisions of different High Courts, the view taken by Delhi High Court has not been stayed.

Continuation Of Criminal Proceedings Will Be Exercise In Futility: Delhi High Court Quashes FIR Upon Amicable Settlement

Case title: Hameedullah Akbar@ Faheem Modh Zai vs. State (Govt of NCT of Delhi) & Anr

Citation: 2024 LiveLaw (Del) 1135

The Delhi High Court has quashed criminal proceedings against an Afghan national for offences including rape and forgery of valuable security on the ground that the accused and the complainant, a US national, have amicably compromised and the complainant no longer wished to pursue the case.

It stated that the continuation of criminal proceedings would be an exercise in futility as even the complainant did not support the prosecution's case.

Delhi High Court Directs BSES To Pay Ex-Gratia Sum Of ₹10 Lakhs To Parents Of Boy Who Died Due To Electrocution

Case title: Devasia Thomas & Anr. vs. Government Of NCT Of Delhi & Anr.

Citation: 2024 LiveLaw (Del) 1136

The Delhi High Court has awarded an ex-gratia compensation of Rs. 10 lakhs to the parents of an 18-year-old boy who passed away due to electrocution. It directed the BSES Yamuna Power Ltd to pay compensation to the parents despite finding that the negligence on the part of BSES in maintaining the electric lines could not be prima facie established.

Baseless Allegations Against Arbitrators Must Be Dealt With Strictly, Arbitral Tribunals Can Hold Party In Contempt: Delhi High Court

Case Title: Dalmia Family Office Trust & Anr. vs. Getamber Anand & Ors.

Citation: 2024 LiveLaw (Del) 1137

The Delhi High Court division bench comprising Justices Prathiba M. Singh and Amit Sharma has held that Arbitral Tribunals have the same power as a Civil Court in dealing with contempt against itself as per sections 17(2) and 27(5) of the Arbitration and Conciliation Act, 1996. The court held that baseless allegations against Arbitrators must be dealt with strictly. It observed that the integrity of arbitration cannot be made fragile by giving room to unsubstantiated or speculative allegations against arbitrators.

'Prima Facie Contemptuous': Delhi High Court Orders Take Down Of Wikipedia Page On Pending Defamation Suit By ANI

Title: Wikimedia Foundation v. ANI & Ors.

Citation: 2024 LiveLaw (Del) 1138

The Delhi High Court has ordered take down of a page on Wikipedia on the pending proceedings about a Rs. 2 crores defamation suit filed by news agency Asian News International (ANI) against the platform.

A division bench comprising of Chief Justice Manmohan and Justice Tushar Rao Gedela noted that adverse comments were made against the single judge on the page which was prima facie contemptuous.

Delhi High Court Seeks BCI's Stand On Attendance Requirements For 5-Year LLB Courses In Suo Moto Case Over Student's Suicide

Title: COURTS ON ITS OWN MOTION IN RE: SUICIDE COMMITTED BY SUSHANT ROHILLA, LAW STUDENT OF I.P. UNIVERSITY

Citation: 2024 LiveLaw (Del) 1139

The Delhi High Court has recently sought stand of the Legal Education Committee of the Bar Council of India (BCI) regarding the attendance requirements for five year LL.B. degree courses.

A division bench comprising of Justice Prathiba M Singh and Justice Amit Sharma asked the BCI's Legal Education Committee to hold a virtual meeting for finalising its position and directed that an affidavit be filed within two weeks.

Orders Passed U/S 12 Of Guardians And Wards Act Appealable U/S 19 Of Family Courts Act: Delhi High Court

Title: X v. Y

Citation: 2024 LiveLaw (Del) 1140

A full bench of Delhi High Court has ruled that the orders passed under Section 12 of the Guardians and Wards Act would be appealable under Section 19 of the Family Courts Act.

The full bench comprising of Justice Rekha Palli, Justice Jasmeet Singh and Justice Amit Bansal was answering a reference in a minor custody case. The question before the full bench was whether an order passed under Section 12 of the GW Act would be appealable under Section 19 of the FC Act?

Delhi High Court Summons Counselling Centre In-Charge For Failing To Translate Contents Of Settlement In Vernacular Language

Title: SANTOSH KUMAR AND ORS. v. STATE THROUGH SHO PS NEW ASHOK NAGAR AND ANR

Citation: 2024 LiveLaw (Del) 1141

The Delhi High Court recently summoned the in-charge of counselling centre, Karkardooma Courts, for failing to translate contents of a settlement agreement to the complainant woman in the vernacular language understood by her.

Justice Chandra Dhari Singh observed that though the official language for court proceedings and documentation is English, the concerned authority is duty bound to translate the contents of such documents to a person not well versed with the language.

'OKEY' Is Informal Usage, Slangs Cannot Be Regarded As “Meaningful English Usage”: Delhi High Court

Case Title: STAFF SELECTION COMMISSION AND ANR versus SHUBHAM PAL ANR ORS

Citation: 2024 LiveLaw (Del) 1142

A Division Bench of the Delhi High Court comprising Justices C. Hari Shankar and Sudhir Kumar Jain was considering an academic issue concerning Combined Graduate Level Examination Tier-II, 2023 conducted by the SSC for recruitment to various civil posts.

Delhi High Court Allows Review Petition, Recalls Direction To Respondents To Appoint Petitioner Due To Low Merit

Case Title: GIRRAJ PRASAD GURJAR versus UNION OF INDIA AND ORS

Citation: 2024 LiveLaw (Del) 1143

A division bench of Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur has allowed a Review Petition filed by the Respondents seeking review of its order directing the Respondent to recall the appointment of a candidate(writ petitioner).

Review was sought on the ground that the candidate had not made his place in the merit list, however, the Single Judge had directed the Respondents to recall his offer of appointment.

Delhi High Court Dismisses Plea Challenging Recalculation Of Arbitral Fees, Upholds Separate Fee Calculation For Claims & Counterclaims

Case Title: ICRI CORPORATES PRIVATE LIMITED v. SHOOGLO NETWORK PRIVATE LIMITED (PREVIOUSLY OMG NETWORK PRIVATE LIMITED)

Citation: 2024 LiveLaw (Del) 1144

The Delhi High Court Bench of Justice Sachin Datta has held that the arbitral tribunal had correctly applied the IVth Schedule of the Arbitration and Conciliation Act, 1996, in recalculating the fees separately for the claims and counterclaims.

Additionally, the court held that invoking Section 39(2) of the Arbitration and Conciliation Act, 1996 was premature since no award had been made.

'Reasons' To Remit Matter For Fresh Inquiry Need To Be 'Meaningful And Self Speaking', Can't Be Left To Imagination, Delhi High Court

Case Title: UNION OF INDIA AND ANR. Versus ANAND MOHAN SHARAN & ANR

Citation: 2024 LiveLaw (Del) 1145

A Division Bench of the Delhi High Court comprising Justices Hari Shankar and Sudhir Kumar Jain upheld a judgement of the Central Administrative Tribunal stating that the 'reasons' for remitting the matter as is required by Rule 9(1) of the AIS (D & A) Rules need to be meaningful and cannot be left for imagination.

SCN Was 'Gloriously Silent' On Provisions Of GST Act Which Were Allegedly Infringed: Delhi High Court Quashes Order

Case Title: Amir Malik vs. Commissioner of GST

Citation: 2024 LiveLaw (Del) 1146

Finding that the SCN as well as the final order fails to provide any clue with respect to the provision of the statute which was alleged to have been violated or infringed, the Delhi High Court quashes the SCN & the order of cancellation of GST registration.

Approval By DoE Mandatory For Order Of Dismissal Against Teachers In Private Schools, Ex Post Facto Approval Cannot Sustain In Law, Delhi High Court

Case Title: ASHA RANI GUPTA versus RAVINDERA MEMORIAL PUBLIC SCHOOL & ANR

Citation: 2024 LiveLaw (Del) 1147

A Division Bench of the Delhi High Court comprising Justices Hari Shankar and Justices Sudhir Kumar Jain has recently set aside a teacher's Order of Dismissal from service observing that the ex post facto approval of the Directorate of education in dismissing a teacher from service granted cannot sustain in law as mandated under Section 8(2) of the DSE Act and Rule 120(2) of the DSE Rules.

Promotion Can't Be Denied Due To Reasons Beyond Candidate's Control; Delhi High Court Grants Promotion To Army Officer

Case Title: Jeewraj Singh Shekhawat vs. UOI & Ors

Citation: 2024 LiveLaw (Del) 1194

A Division Bench of the Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur granted retrospective promotion to an officer in the Central Reserve Police Force who was earlier denied the same. The Petitioner was posted abroad which resulted in him being ineligible due to not falling within the “10 years Group 'A' service” which was a mandatory condition as per the Central Reserve Police Force Group 'A' (General Duty) Officers Recruitment Rules, 2010. Observing that such circumstances were beyond the control of the Petitioner, the Court granted the benefits to the Petitioner.

When Previous Employer Accepts Resignation, New Employer Can't Deny Appointment To Selected Employee : Delhi High Court

Title: MATTHEW JOHNSON DARA v. HINDUSTAN URVARAK AND RASAYAN LTD

Citation: 2024 LiveLaw (Del) 1195

A single judge bench of the Delhi High Court comprising of Justice Jyoti Singh, while deciding writ petition held that if an employee has already been relieved by the previous employer, then the new employer can't deny appointment to employee who has passed the selection process.