Delhi High Court Monthly Digest: August 2024 [Citations 863 - 955]

Citations 2024 LiveLaw (Del) 863 to 2024 LiveLaw (Del) 955

NOMINAL INDEX

PIO, RP CELL, SOUTH DELHI MUNICIPAL CORPORATION v. CENTRAL INFORMATION COMMISSION AND ANR. 2024 LiveLaw (Del) 877

Rohit Pradhan v. High Court & Ors. 2024 LiveLaw (Del) 878

The Associated Chambers Of Commerce And Industry Of India Versus Deputy Commissioner Of Income Tax & Ors. 2024 LiveLaw (Del) 879

Falcon Autotech Private Limited vs. Kengic Intelligent Technology Co. Ltd. (2024 LiveLaw (Del) 880

Puja Khedkar v. UPSC & Ors. 2024 LiveLaw (Del) 881

YUVRAJ SINGH BUNDHEL v. M/S BRILLIANT ETOILE PRIVATE LIMITEDm2024 LiveLaw (Del) 882

RAZIA SULTAN v. UNION OF INDIA & ANR. 2024 LiveLaw (Del) 883

Banyan Real Estate Fund Mauritius Verses Assistant Commissioner Of Income Tax Circle International Tax 2024 LiveLaw (Del) 884

FASHION DESIGN COUNCIL OF INDIA v. GOVT. OF NCT OF DELHI AND ANR and other connected matters 2024 LiveLaw (Del) 885

Anuj Malhotra v. GNCTD & Ors.m2024 LiveLaw (Del) 886

STATE OF NCT OF DELHI v. PURAN SINGH 2024 LiveLaw (Del) 887

Abdul Wahid Alias Saddam vs. National Investigation Agency 2024 LiveLaw (Del) 888

BIBI SABERA v. MAJOR DR. CHANDRA SHEKHAR PANT@ HIMMAT KHAN 2024 LiveLaw (Del) 889

SHRI RAJESH CHUGH v. MEHRUDDIN ANSARI & ANR. 2024 LiveLaw (Del) 890

M/S A P Enterprises Versus Sales Tax Officer 2024 LiveLaw (Del) 891

Asian Colour Coated Ispat Limited Versus ACIT 2024 LiveLaw (Del) 892

SUNDARI GAUTAM v. STATE OF NCT OF DELHI 2024 LiveLaw (Del) 893

Tosca Master vs. Deputy CIT 2024 LiveLaw (Del) 894

Akash Poddar Versus ACIT 2024 LiveLaw (Del) 895

Puja Khedkar v. State 2024 LiveLaw (Del) 896

Himanshu and Ors vs. Directorate General of Civil Aviation & Anr 2024 LiveLaw (Del) 897

M/S S. K. BUILDERS versus M/S CLS CONSTRUCTION PVT LTD 2024 LiveLaw (Del) 898

SHAZIA ILMI v. RAJDEEP SARDESAI & ORS. 2024 LiveLaw (Del) 899

Nandita v. NTA 2024 LiveLaw (Del) 900

RUCHI WADHAWAN VERSUS AMIT WALI 2024 LiveLaw (Del) 901

Kamal Bhasin Vs. Central Public Information Office & And 2024 LiveLaw (Del) 902

SAHIL v. THE STATE NCT OF DELHI 2024 LiveLaw (Del) 903

Scope Promoters P. Ltd. Versus Commissioner Of Central Goods And Services Tax Delhi & Anr. 2024 LiveLaw (Del) 904

Ramesh Chawla Versus ITO 2024 LiveLaw (Del) 905

Genpact Luxembourg S.A.R.L. vs. ACIT 2024 LiveLaw (Del) 906

Sh. Venumbaka Vijaya Sai Reddy Vs. Aamoda Publications Private Limited & Ors. 2024 LiveLaw (Del) 907

Ravi Kumar Sinha vs. CIT 2024 LiveLaw (Del) 908

Index Hospitality Limited Vs Contitel Hotels And Resorts Pvt Ltd & Ors. 2024 LiveLaw (Del) 909

Vinod Kumar Solanki vs. ACIT 2024 LiveLaw (Del) 910

Smriti Bhatia cs. Municipal Corporation Of Delhi & Ors. 2024 LiveLaw (Del) 911

BAJRANGPUNIA & ORS. v. UNION OF INDIA & ORS. 2024 LiveLaw (Del) 912

Shree Bhavani Power Projects Pvt. Ltd. Versus ITO 2024 LiveLaw (Del) 913

AMIT MALVIYA v. SAMAJWADI PARTY MEDIA CELL & ORS. 2024 LiveLaw (Del) 914

ANTHONY WATTS v. UNION OF INDIA & ANR. 2024 LiveLaw (Del) 915

Maj Gen Vinayak Saini Sm Vsm vs. Union Of India Through & Ors. (W.P.(C) 7181/2024) 2024 LiveLaw (Del) 916

STATE v. MOHIT KUMAR & ANR 2024 LiveLaw (Del) 934

Manhar Sabharwal vs. High Court Of Delhi & Ors. 2024 LiveLaw (Del) 935

Resident Welfare Association vs. Kishan Devnani and Ors. 2024 LiveLaw (Del) 936

MASTER JAI KUMAR THROUGH HIS FATHER MANISH KUMAR v. AADHARSHILA VIDYA PEETH & ORS. 2024 LiveLaw (Del) 937

LOUIS VUITTON MALLETIER v. WWW.HAUTE24.COM & ORS. 2024 LiveLaw (Del) 938

Dr. Rahul Bhayana Vs Dr. Rohit Bhayana & Anr. 2024 LiveLaw (Del) 939

Mr. Sandip Vinodkumar Patel & Ors. Vs Stci Finance Ltd., & Anr. 2024 LiveLaw (Del) 940

MUKESH KUMAR SEN v. STATE NCT OF DELHI & ORS. 2024 LiveLaw (Del) 941

M/S Hotel Marina & Anr Vs Vibha Mehta 2024 LiveLaw (Del) 942

G.D. PHARMACEUTICALS PRIVATE LIMITED v. M/S CENTO PRODUCTS (INDIA)2024 LiveLaw (Del) 943

Aptec Advanced Protective Technologies Ag Vs Union Of India & Anr 2024 LiveLaw (Del) 944

CA RAKESH KUMAR GUPTA v. DELHI HIGH COURT THROUGH REGISTRAR GENERAL 2024 LiveLaw (Del) 945

Kunal Food Products Pvt. Ltd. Vs Delhi Development Authority 2024 LiveLaw (Del) 946

GANTAVYA GULATI v. UNION OF INDIA 2024 LiveLaw (Del) 947

M/S Kamladityya Construction Pvt Ltd VS Rail Land Development Authority 2024 LiveLaw (Del) 948

RAJNEESH v. UNION OF INDIA 2024 LiveLaw (Del) 949

Shashi Tharoor v. State 2024 LiveLaw (Del) 950

SMT. SANTOSH TYAGI v. GOVERNMENT OF NCT OF DELHI AND ORS. 2024 LiveLaw (Del) 951

TIGER GLOBAL INTERNATIONAL III HOLDINGS Vs THE AUTHORITY FOR ADVANCE RULINGS (INCOMETAX) & ORS 2024 LiveLaw (Del) 952

GOVIND YADAV v. UNION OF INDIA & ORS. 2024 LiveLaw (Del) 953

MOHIT JITENDRA KUKADIA v. UNION OF INDIA 2024 LiveLaw (Del) 954

THE MINISTRY OF HOME AFFAIRS & ANR. v. SYNDICATE INNOVATIONS INTERNATIONAL LIMITED & ORS. 2024 LiveLaw (Del) 955

UIDAI Can Be Directed To Provide Aadhar Data About Missing Person In Habeas Corpus Plea: Delhi High Court

Compensation Awarded By CIC Has To Directly Correlate With Personal Detriment Experienced By Complainant: Delhi High Court

Title: PIO, RP CELL, SOUTH DELHI MUNICIPAL CORPORATION v. CENTRAL INFORMATION COMMISSION AND ANR.

Citation: 2024 LiveLaw (Del) 877

The Delhi High Court has ruled that the compensation awarded by Central Information Commission (CIC) under the Right to Information Act, 2005, has to directly correlate with the personal detriment experienced by the complainant.

“Thus, while the CIC possesses the authority to award compensation to information seeker, it is imperative that such compensation directly correlates with the personal detriment experienced by the complainant…,” Justice Sanjeev Narula said.

Delhi High Court Asks Registrar General To Decide Plea For Increasing E-Filing Size Limit

Title: Rohit Pradhan v. High Court & Ors.

Citation: 2024 LiveLaw (Del) 878

The Delhi High Court has directed its Registrar General to decide a representation seeking increase in the e-filing size of documents to be filed before the Delhi High Court as well as district courts in the national capital.

Section 80-IA(7) Requirement Deems Fulfilled When Audit Report Filed At Any Time Before Framing Of Assessment: Delhi High Court

Case Title: The Associated Chambers Of Commerce And Industry Of India Versus Deputy Commissioner Of Income Tax & Ors.

Citation: 2024 LiveLaw (Del) 879

The Delhi High Court has held that the assessee to be eligible and entitled to exemptions under Section 11(1) and 11(2) of the Income Tax Act and the alleged ground of non-filing of audit report along with return of income, which was at the best procedural omission, could never be an impediment in law in claiming the exemption.

Delhi High Court Restrains Chinese Warehouse Automation Company From Making, Selling Machine Which Allegedly Violated Indian Company's Patent

Case title: Falcon Autotech Private Limited vs. Kengic Intelligent Technology Co. Ltd. (I.A. No. 35231/2024)

Citation: 2024 LiveLaw (Del) 880

The Delhi High Court granted an ex-parte interim injunction against a Chinese warehouse automation company from manufacturing, selling, importing or exporting pre-sortation machines in India that are patented by an Indian company.

A single bench of Justice Mini Pushkarna was considering the application of Falcon Autotech Private Limited, an Indian company, under Order 39 Rules 1 and 2 read with Section 151 CPC, for an ex-parte ad-interim injunction against Kengic Intelligent Technology Co. Ltd, a Chinese company.

UPSC Undertakes Before Delhi High Court To Provide To Puja Khedkar Copy Of Order Cancelling Her IAS Candidature In 2 Days

Title: Puja Khedkar v. UPSC & Ors.

Citation: 2024 LiveLaw (Del) 881

The Union Public Service Commission (UPSC) informed the Delhi High Court on Wednesday that it will communicate to former probationer IAS officer Puja Khedkar within two days the official order cancelling her candidature.

Delhi High Court Appoints Arbitrator To Adjudicate Disputes Between Cricketer Yuvraj Singh, Developer Over Personality Rights Violation

Title: YUVRAJ SINGH BUNDHEL v. M/S BRILLIANT ETOILE PRIVATE LIMITED

Citation: 2024 LiveLaw (Del) 882

The Delhi High Court has appointed an arbitrator to adjudicate disputes between Cricketer Yuvraj Singh and a developer over alleged violation of his privacy rights while promoting a real estate project and failure to adhere to the timeline for delivery of possession of an apartment in the project in the national capital.

Railways Must Ensure Prompt, Effective Complaint Resolution Mechanism: Delhi High Court

Title: RAZIA SULTAN v. UNION OF INDIA & ANR.

Citation: 2024 LiveLaw (Del) 883

The Delhi High Court has observed that railways must ensure prompt, effective and structured complaint resolution mechanism for smooth and proper functioning of public transportation.

Reopening Based On Entirely New Material Deprives Taxpayer's Right To Object To Re-Assessment: Delhi High Court

Case Title: Banyan Real Estate Fund Mauritius Verses Assistant Commissioner Of Income Tax Circle International Tax

Citation: 2024 LiveLaw (Del) 884

The Delhi High Court held that a decision to reopen or reassess cannot be based or sought to be justified either on additional reasons or those which may be supplied subsequently while disposing of objections preferred by an assessee.

Entertainment Tax Act Does Not Contain Mechanism To Assess Or Collect Tax On Sponsorships: Delhi High Court

Title: FASHION DESIGN COUNCIL OF INDIA v. GOVT. OF NCT OF DELHI AND ANR and other connected matters

Citation: 2024 LiveLaw (Del) 885

The Delhi High Court has observed that the Entertainment Tax Act does not contain a mechanism for assessing and collecting tax on sponsorships.

High Court Directs Delhi Govt To Inspect Toilets In All Jails, Orders Renovation Within Four Months

Title: Anuj Malhotra v. GNCTD & Ors.

Citation: 2024 LiveLaw (Del) 886

The Delhi High Court has directed the Public Works Department (PWD) of Delhi Government to conduct inspection regarding the conditions of washrooms and toilets in all jail complexes in the national capital.

Registration Of FIR Mandatory Whenever A Person Dies In Police Encounter Alleged To Be Fake: Delhi High Court

Title: STATE OF NCT OF DELHI v. PURAN SINGH

Citation: 2024 LiveLaw (Del) 887

The Delhi High Court has reiterated that an FIR has to be mandatorily registered whenever a person dies in a police encounter which is alleged to be fake.

Circulation Of Fake Currency Threatens Economic Security: Delhi High Court Denies Bail To Accused Charged Under UAPA

Case title: Abdul Wahid Alias Saddam vs. National Investigation Agency

Citation: 2024 LiveLaw (Del) 888

The Delhi High Court denied bail to an accused who has been in jail for two years, considering the seriousness of the UAPA charges related to circulating fake Indian currency.

Foreign National Can Reside In 'Shared Household' Under Domestic Violence Act Regardless Of Visa Status: Delhi High Court

Title: BIBI SABERA v. MAJOR DR. CHANDRA SHEKHAR PANT@ HIMMAT KHAN

Citation: 2024 LiveLaw (Del) 889

The Delhi High Court has recently ruled that a woman being a foreign national can have a “shared household” with another person holding Indian citizenship regardless of her visa status under the Domestic Violence Act, 2005.

Delhi High Court Orders Cancellation Of Nizamuddin Food Outlet's 'Andaaz-E-Nizaam' Trademark In Plea By 'Nizam's'

Title: SHRI RAJESH CHUGH v. MEHRUDDIN ANSARI & ANR.

Citation: 2024 LiveLaw (Del) 890

The Delhi High Court has recently ordered cancellation of a trademark registered in favour of a food outlet “Andaaz-e-Nizaam” in city's Nizamuddin area after a case was filed by an Indian restaurant chain “Nizam's”.

GST Registration Can't Be Cancelled On Unspecific Show Cause Notice: Delhi High Court

Case Title: M/S A P Enterprises Versus Sales Tax Officer

Citation: 2024 LiveLaw (Del) 891

The Delhi High Court has held that the GST registration cannot be cancelled on cryptic allegations and on the basis of the Show Cause Notice, which did not state any specific allegation, which could be explained by the taxpayer.

Resolution Plan Approved Under IBC, Income Tax Reassessment Not Sustainable: Delhi High Court

Case Title: Asian Colour Coated Ispat Limited Versus ACIT

Citation: 2024 LiveLaw (Del) 892

The Delhi High Court has quashed the income tax assessment order and held that the statutory injunct which would operate in respect of any claim which may pertain to a period prior to the Resolution Plan being approved.

Offence Of 'Penetrative Sexual Assault' Under POCSO Act Can Be Invoked Against Woman, Not Restricted To Male Offender: Delhi High Court

Title: SUNDARI GAUTAM v. STATE OF NCT OF DELHI

Citation: 2024 LiveLaw (Del) 893

The Delhi High Court on Friday held that the offences of penetrative sexual assault and aggravated penetrative sexual assault under the POCSO Act are offences regardless of the gender of the offender and can be invoked against a woman also.

Revenue Department Can't Take Fresh Ground Which Was Not Disclosed To Taxpayer, While Passing Re-assessment U/s 148A(D): Delhi HC

Case Title: Tosca Master vs. Deputy CIT

Citation: 2024 LiveLaw (Del) 894

Finding major flaw in the fundamental premise of the Revenue Department that the investment made by the taxpayer in shares amounted to “income” which has escaped assessment, the Delhi High Court quashed the reopening proceeding initiated u/s 148A.

Settlement Consideration Liable To Be Recognized As “Capital Gains” And Not “Profits In Lieu Of Salary”: Delhi High Court

Case Title: Akash Poddar Versus ACIT

Citation: 2024 LiveLaw (Del) 895

The Delhi High Court has held that the settlement consideration is liable to be recognized as capital gains and not “profits in lieu of salary.”.

Delhi High Court Grants Interim Protection From Arrest To Former IAS Puja Khedkar Till August 21, Issues Notice On Anticipatory Bail Plea

Title: Puja Khedkar v. State

Citation: 2024 LiveLaw (Del) 896

The Delhi High Court has granted interim protection from arrest till August 21 to former probationer IAS officer Puja Khedkar who is accused of “misrepresenting and falsifying facts" in her application for Union Public Service Commission (UPSC) Civil Services Examination, 2022. The interim protection continues till date.

Public Safety Paramount In Aviation Industry, DGCA Has Power To Classify Aircrafts And Determine Pilot Training: Delhi High Court

Case title: Himanshu and Ors vs. Directorate General of Civil Aviation & Anr 

Citation: 2024 LiveLaw (Del) 897

The Delhi High Court observed that the Directorate General of Civil Aviation (DGCA), as an expert authority under the Aircraft Act, 1934 and Aircraft Rules, 1937, has the statutory mandate to classify aircrafts based on technical specifications for safety and regulatory compliance

Non-Response Can't Be Presumed As Consent For Appointment Of Arbitrator: Delhi High Court

Case Title: M/S S. K. BUILDERS versus M/S CLS CONSTRUCTION PVT LTD

Citation: 2024 LiveLaw (Del) 898

The Delhi High Court bench of J. C.Hari Shankar has held that consent requires consensus ad idem and there must be positive consent present from the petitioner side with respect to the appointment of an arbitrator. If such consent is absent, the appointment becomes unilateral and ex facie illegal.

Delhi High Court Directs Journalist Rajdeep Sardesai To Remove Alleged Defamatory Video Of BJP Leader Shazia Ilmi

Title: SHAZIA ILMI v. RAJDEEP SARDESAI & ORS.

Citation: 2024 LiveLaw (Del) 899

Delhi High Court has directed journalist Rajdeep Sardesai to take down a video posted by him on 'X', alleging that BJP leader Shazia Ilmi abused a video journalist of India Today during a televised debate.

The controversy arose after Ilmi took part in a debate on India Today news channel last month on Agniveer scheme row. However, she left the debate midway claiming that her mic was cut-off with an intent to censor her.

Individuality Of Experts Not Compromised Merely Because They Are Appointed By NTA: Delhi High Court Dismisses NEET Aspirant's Challenge

Case Title: Nandita v. NTA

Citation: 2024 LiveLaw (Del) 900

The Delhi High Court has dismissed the appeal preferred by a medical aspirant, challenging two questions in the Botany paper of the recently conducted NEET-UG examination.

Difficult To Digest That Divorce Would Be "Stigmatic" When Parties Are Educated : Delhi High Court

Case Details: RUCHI WADHAWAN VERSUS AMIT WALI

Citation: 2024 LiveLaw (Del) 901

While allowing a wife's plea seeking divorce on the ground of mental cruelty, the Delhi High Court has rejected the husband's contention that the grant of divorce would bring “dishonour” and “stigma” upon himself and his family.

Disclosing Govt Employee's University Name Does Not Serve Public Interest, Exempted Under Section 8(1)(j) RTI Act: Delhi High Court

Case title: Kamal Bhasin Vs. Central Public Information Office & And

Citation: 2024 LiveLaw (Del) 902

The Delhi High Court has held that withholding the names of the institutes or universities attended by current employees of a public authority is justified under Section 8(1)(j) of the Right to Information Act, 2005 (RTI Act). This is because disclosure of such information does not serve a broader public interest and further infringes on individual's privacy.

POCSO Cases Being Filed By Girl's Family Who Object To Her Romantic Relationship, Young Boys Languishing In Jails: Delhi High Court

Title: SAHIL v. THE STATE NCT OF DELHI

Citation: 2024 LiveLaw (Del) 903

The Delhi High Court has observed that POCSO Act is being “misapplied” as cases are being filed at the behest of the girl's family who object to her “friendship and romantic involvement” with a young boy.

SCN Lacks Reason For Proposing GST Registration Cancellation: Delhi High Court Revokes Cancellation

Case Title: Scope Promoters P. Ltd. Versus Commissioner Of Central Goods And Services Tax Delhi & Anr.

Citation: 2024 LiveLaw (Del) 904

The Delhi High Court has revoked the GST registration cancellation on the grounds that the show cause notice lacked the reason for proposing to cancel the petitioner's GST registration. It merely stated that proceedings for cancellation of the GST registration have been initiated.

Failure Of Dept. To Frame Fresh Assessment Should Not Place Assessee In Disadvantageous Position: Delhi High Court

Case Title: Ramesh Chawla Versus ITO

Citation: 2024 LiveLaw (Del) 905

The Delhi High Court has held that the failure or inability of the department to frame a fresh assessment should not place the assessee in a more disadvantageous position than in what he would have been if a fresh assessment was made.

Interest Receipts From Non-Convertible Debentures Of Indian AE Are Not Subject To Dividend Distribution Tax: Delhi HC

Case Title: Genpact Luxembourg S.A.R.L. vs. ACIT

Citation: 2024 LiveLaw (Del) 906

The Delhi High Court has quashed the reassessment proceedings initiated against the Assessee on the ground that interest income on Nonconvertible debentures (NCDs) derived from Indian AE had been mischaracterized as interest instead of dividend.

Delhi HC Orders Take Down Of Videos Alleging Extramarital Affair By YSRCP Leader Vijaya Sai Reddy, Says Allegations May Impact Career, Reputation

Case title: Sh. Venumbaka Vijaya Sai Reddy Vs. Aamoda Publications Private Limited & Ors. 

Citation: 2024 LiveLaw (Del) 907

In an interim order, the Delhi High Court has directed news channels and digital media platforms to take down videos and posts alleging that Vijaya Sai Reddy, Rajya Sabha Member of Parliament for Andhra Pradesh, was involved in an extra-marital affair.

Value Of Shares Allotted Under Employees Stock Purchase Scheme Can't Be Treated As Perquisite As Per Sec 17(2)(Iiia): Delhi High Court

Case Title: Ravi Kumar Sinha vs. CIT

Citation: 2024 LiveLaw (Del) 908

While emphasizing that no tax can be levied on notional income, the Delhi High Court held that Valuation Report obtained by employer could have no application to a share which was subject to a lock-in stipulation and could not be sold in the open market.

Breaches Of Undertaking Given Before Court Or Arbitral Tribunal Shouldn't Be Pursued Under Contempt Of Courts Act: Delhi High Court

Case Title: Index Hospitality Limited Vs Contitel Hotels And Resorts Pvt Ltd & Ors.

Citation: 2024 LiveLaw (Del) 909

The Delhi High Court bench of Justice Dharmesh Sharmab has held that breaches of undertakings given before a Court, or an Arbitral Tribunal should not be pursued under the Contempt of Courts Act. Instead, the High Court held that proper course of action is to seek enforcement of the arbitral award.

Common Order Without Satisfactorily Recording Concurrence With AO, Can't Be Considered As Valid Sanction U/s 151: Delhi High Court

Case Title: Vinod Kumar Solanki vs. ACIT

Citation: 2024 LiveLaw (Del) 910

Finding that the order of sanction passed by the Competent Authority is a general order of approval for 111 cases, and there was not even a whisper as to what material had weighed in the grant of approval u/s 151, the Delhi High Court held that although the PCIT is not required to record elaborate reasons, he must record satisfaction after application of mind.

MCD's "Helplessness" To Take Action Against Illegal Constructions Reflects "Connivance" With Builder: Delhi High Court

Case title: Smriti Bhatia cs. Municipal Corporation Of Delhi & Ors.

Citation: 2024 LiveLaw (Del) 911

The Delhi High Court disapproved the conduct of the Municipal Corporation of Delhi (MCD) for failing to take any effective actions against unauthorised constructions, despite having issued a demolition order against such illegal constructions.

Delhi High Court Restores Ad-Hoc Committee Appointed By Indian Olympic Association To Run Affairs Of Wrestling Federation

Title: BAJRANGPUNIA & ORS. v. UNION OF INDIA & ORS.

Citation: 2024 LiveLaw (Del) 912

The Delhi High Court has restored the mandate of the ad-hoc committee appointed by the Indian Olympic Association (IOA) on December 27 last year for overseeing and taking over all the activities and management of Wrestling Federation of India (WFI).

Not Mandatory To File Audit Report Along With Return, Can Be Filed Anytime Before Assessment Completion: Delhi High Court

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

Citation: 2024 LiveLaw (Del) 913

The Delhi High Court has held that the assessee was entitled to claim deductions even where the audit report had not been filed with the return but was submitted before the assessment was completed.

Delhi High Court Orders Removal Of Samajwadi Party Media Cell's Tweet Against Amit Malviya Accusing Him Of Sexual Misconduct

Title: AMIT MALVIYA v. SAMAJWADI PARTY MEDIA CELL & ORS.

Citation: 2024 LiveLaw (Del) 914

The Delhi High Court has ordered removal and take down of a tweet posted by Samajwadi Party's Media Cell on X Corp, formerly Twitter, accusing BJP IT Cell head Amit Malviya of sexual misconduct.

Delhi High Court Nod To Transfer Mortal Remains Of Man From UK, Notes Discrepancy In Consular Rules

Title: ANTHONY WATTS v. UNION OF INDIA & ANR.

Citation: 2024 LiveLaw (Del) 915

The Delhi High Court has given nod for the transfer of mortal remains of a Hyderabad based man who died at Chertsey, United Kingdom last month.

Refusal To Reconsider Officer's Promotion Despite Striking Down Downgraded Assessment Is Illegal: Delhi High Court

Case title: Maj Gen Vinayak Saini Sm Vsm vs. Union Of India Through & Ors. (W.P.(C) 7181/2024)

Citation: 2024 LiveLaw (Del) 916

The Delhi High Court has observed that the Central Government's refusal to reconsider the promotion of an Indian army officer, despite finding that the officer's Confidential Report (CR) had been incorrectly downgraded by the Initiating Officer (IO), was arbitrary and illegal.

Delhi High Court Convicts Two Men In Head Injury Case After 15 Years

Title: STATE v. MOHIT KUMAR & ANR

Citation: 2024 LiveLaw (Del) 934

The Delhi High Court has recently overturned acquittal of two men and convicted them after over 15 years for intentionally inflicting injury on a man's head with a sharp object that could have resulted in his death.

Delhi High Court Dismisses Challenge To Rule Requiring Filing Of Written Statement Within 120 Days, Says Original Side Rules Override CPC Provisions

Case title: Manhar Sabharwal vs. High Court Of Delhi & Ors.

Citation: 2024 LiveLaw (Del) 935

The Delhi High Court has upheld the constitutionality of Rule 4, Chapter VII of the Delhi High Court (Original Side) Rules, 2018, which mandates that a written statement has to be filed within 120 days, including in non-commercial matters.

Constitutional Courts Entertaining Writ Petitions Without Proper Caution Would Breach Trust Of Genuine Litigants: Delhi High Court

Case title: Resident Welfare Association vs. Kishan Devnani and Ors.

Citation: 2024 LiveLaw (Del) 936

The Delhi High Court has observed that a writ petition under Article 226 of Constitution of India, which alleges encroachment on government land, cannot be entertained if it requires the court to conduct a 'roving or fishing enquiry' into disputed facts of the case.

Denial Of Admission To Any Child After Seat Allotment By Directorate Of Education Violates Objectives Of RTE Act: Delhi High Court

Title: MASTER JAI KUMAR THROUGH HIS FATHER MANISH KUMAR v. AADHARSHILA VIDYA PEETH & ORS.

Citation: 2024 LiveLaw (Del) 937

The Delhi High Court has observed that denial of admission to any child once allotment of seat is done by the Directorate of Education (DoE) would be in violation of the objectives which the Right to Education Act seeks to achieve.

Delhi High Court Orders Website To Pay Rs. 5 Lakh Costs To Louis Vuitton For Unauthorised Use Of Copyrighted Photos

Title: LOUIS VUITTON MALLETIER v. WWW.HAUTE24.COM & ORS.

Citation: 2024 LiveLaw (Del) 938

The Delhi High Court has recently ordered Rs. 5 lakhs as costs in favour of famous French luxury brand Louis Vuitton in its suit against a website for use of its photographs without authorization.

Allegations Of Fraud And Time-Barred Claims Must Be Addressed By Arbitral Tribunal, Not Court: Delhi High Court

Case Title: Dr. Rahul Bhayana Vs Dr. Rohit Bhayana & Anr.

Citation: 2024 LiveLaw (Del) 939

The Delhi High Court bench of Justice C. Hari Shankar has held that issues such as allegations of fraud and claims that the applicant's claims are time-barred must be addressed by the arbitral tribunal rather than the court.

Independent, Non-Executive Directors Of Company Cannot Be Held Liable Under Section 138 Of NI Act Without Specific Allegations: Delhi High Court

Case Title: Mr. Sandip Vinodkumar Patel & Ors. Vs Stci Finance Ltd., & Anr.

Citation: 2024 LiveLaw (Del) 940

The Delhi High Court bench of Justice Amit Mahajan has held that independent, non-executive directors of an accused company cannot be held liable under Section 138 of the Negotiable Instruments Act, 1881, if the complaints do not include specific allegations detailing their active role in the offence.

Witnesses In Arya Samaj Mandir Marriages Must Be Genuine And Bonafide: Delhi High Court

Title: MUKESH KUMAR SEN v. STATE NCT OF DELHI & ORS.

Citation: 2024 LiveLaw (Del) 941

The Delhi High Court has declared as void a marriage solemnized between a woman and her real uncle in an Arya Samaj Mandir after a false affidavit was given by the man stating himself to be unmarried when he had a wife and son.

Reciprocal Promises In Settlement Agreements Must Be Executed Simultaneously: Delhi High Court

Case Title: M/S Hotel Marina & Anr Vs Vibha Mehta

Citation: 2024 LiveLaw (Del) 942

The Delhi High Court bench of Justice Navin Chawla has held in a settlement agreement where both parties have made reciprocal promises, these promises must be executed simultaneously.

Delhi High Court Declares 'Boroline' As Well Known Trademark, Restrains Use Of 'Borobeauty'

Title: G.D. PHARMACEUTICALS PRIVATE LIMITED v. M/S CENTO PRODUCTS (INDIA)

Citation: 2024 LiveLaw (Del) 943

The Delhi High Court has declared the word “Boroline”, used for selling an antiseptic ayurvedic cream, as a well-known trademark under the Trade Marks Act.

Discovery And Inspection Orders By Arbitral Tribunal Are Not Interim Awards If They Do Not Resolve Disputed Issues: Delhi High Court

Case Title: Aptec Advanced Protective Technologies Ag Vs Union Of India & Anr

Citation: 2024 LiveLaw (Del) 944

The Delhi High Court bench of Justice Anup Jairam Bhambhani has held that an order by arbitral tribunal addressing applications related to the discovery and inspection of documents does not constitute an interim award if it does not resolve a matter at issue between the parties.

"Actively Addressing Logistical & Infrastructural Challenges": Delhi HC Rejects Plea Seeking Enhanced Access To Live Streaming Of Court Proceedings

Title: CA RAKESH KUMAR GUPTA v. DELHI HIGH COURT THROUGH REGISTRAR GENERAL

Citation: 2024 LiveLaw (Del) 945

The Delhi High Court has recently dismissed a plea seeking enhanced implementation of live streaming of court proceedings and for completing pending work in the live streaming process in a time-bound manner.

Delhi High Court Upholds Arbitrator's Decision To Deny Pre-Reference, Pendente Lite Interest for Project Delay

Case Title: Kunal Food Products Pvt. Ltd. Vs Delhi Development Authority

Citation: 2024 LiveLaw (Del) 946

The Delhi High Court bench of Justice Prateek Jalan has held that it is reasonable for an arbitrator to deny pre-reference and pendente lite interest when the applicant is partially responsible for delays in completing the project.

Delhi High Court Asks Centre To Decide Plea Challenging Exclusion Of 'Sexual Offences Against LGBT Persons' From Bharatiya Nyaya Sanhita

Title: GANTAVYA GULATI v. UNION OF INDIA

Citation: 2024 LiveLaw (Del) 947

The Delhi High Court has directed the Union Government to treat as representation a petition filed against the exclusion of a provision similar to Section 377 of now repealed Indian Penal Code, 1860, from the Bharatiya Nyaya Sanhita (BNS).

Arbitration Clause Invalid If Contractor Cannot Select Arbitrator From Railway's Panel: Delhi High Court

Case Title: M/S Kamladityya Construction Pvt Ltd VS Rail Land Development Authority

Citation: 2024 LiveLaw (Del) 948

The Delhi High Court bench of Justice C. Hari Shankar has held that an arbitration clause is invalid if it does not allow the contractor to select an arbitrator from a panel provided by the Railway.

Delhi High Court Orders Regular Trainings For Officers Holding 'Summary Security Force Court' Proceedings Under BSF Act

Title: RAJNEESH v. UNION OF INDIA

Citation: 2024 LiveLaw (Del) 949

The Delhi High Court has ordered that mandatory regular trainings be provided to Officers holding the Summary Security Force Court (SSFC) proceedings under the Border Security Force (BSF) Act and Rules.

Delhi High Court Refuses To Quash Defamation Case Against Shashi Tharoor Over 'Scorpion' Remark Against PM Modi, Vacates Interim Stay

Title: Shashi Tharoor v. State

Citation: 2024 LiveLaw (Del) 950

The Delhi High Court has refused to quash the defamation case filed against Congress MP Shashi Tharoor over his alleged "scorpion on Shivling" remark against Prime Minister Narendra Modi.

Woman's Right To Reside In Matrimonial Household Must Be Balanced With Protections Afforded Under Senior Citizens Act: Delhi High Court

Title: SMT. SANTOSH TYAGI v. GOVERNMENT OF NCT OF DELHI AND ORS.

Citation: 2024 LiveLaw (Del) 951

The Delhi High Court has recently observed that the right to residence in matrimonial or shared household of women under the Domestic Violence Act must be balanced with the protections afforded to senior citizens under the Senior Citizens Act.

Acquisition Of Flipkart Singapore Shares, Double Taxation Avoidance Treaty,No Invention To Evade Tax: Delhi High Court

Case Title: TIGER GLOBAL INTERNATIONAL III HOLDINGS Vs THE AUTHORITY FOR ADVANCE RULINGS (INCOMETAX) & ORS

Citation: 2024 LiveLaw (Del) 952

While overturning the AAR ruling in the case of Tiger Global - Flipkart transaction, the Delhi High Court allowed India Mauritius DTAA (Double taxation avoidance agreement) benefit to petitioner/ assessee on ground that the transaction stands grandfathered by Article 13(3A) of India-Mauritius Treaty.

Delhi High Court Rejects Plea Against JDU's Internal Elections Electing Nitish Kumar As President

Title: GOVIND YADAV v. UNION OF INDIA & ORS.

Citation: 2024 LiveLaw (Del) 953

The Delhi High Court has dismissed a plea challenging the internal party elections held by Janata Dal United (JDU) in 2016 electing Nitish Kumar as President of the political party.

Delhi High Court Orders Grant Of Scholarship For Oxford To Student Hailing From Traditional Artisans Family

Title: MOHIT JITENDRA KUKADIA v. UNION OF INDIA

Citation: 2024 LiveLaw (Del) 954

The Delhi High Court has directed the Central Government to grant National Overseas Scholarship for studying Masters of Public Policy at the University of Oxford to a student hailing from traditional artisans family in Gujarat.

Complete Lack Of Clarity In Govt Regulations Concerning Arms And Ammunition Industry: Delhi High Court

Title: THE MINISTRY OF HOME AFFAIRS & ANR. v. SYNDICATE INNOVATIONS INTERNATIONAL LIMITED & ORS.

Citation: 2024 LiveLaw (Del) 955

The Delhi High Court has recently observed that there is a complete state of confusion and lack of clarity in the Government regulations in relation to the arms and ammunition industry.