Citations 2024 LiveLaw (Del) 1 to 2024 LiveLaw (Del) 117NOMINAL INDEXKHADI AND VILLAGE INDUSTRIES COMMISSION v. GIRDHAR INDUSTRIES AND ANR. 2024 LiveLaw (Del) 1VINOD KUMAR v. STATE (GNCT OF DELHI) 2024 LiveLaw (Del) 2CIT Versus RRPR Holding Pvt. Ltd. 2024 LiveLaw (Del) 3Neelam Azad v. State 2024 LiveLaw (Del) 4Sanket Bhadresh Modi v. Central Bureau Of Investigation & Ors. 2024 LiveLaw...
Citations 2024 LiveLaw (Del) 1 to 2024 LiveLaw (Del) 117
NOMINAL INDEX
KHADI AND VILLAGE INDUSTRIES COMMISSION v. GIRDHAR INDUSTRIES AND ANR. 2024 LiveLaw (Del) 1
VINOD KUMAR v. STATE (GNCT OF DELHI) 2024 LiveLaw (Del) 2
CIT Versus RRPR Holding Pvt. Ltd. 2024 LiveLaw (Del) 3
Neelam Azad v. State 2024 LiveLaw (Del) 4
Sanket Bhadresh Modi v. Central Bureau Of Investigation & Ors. 2024 LiveLaw (Del) 5
Court In Its Own v. S Gurumurthy 2024 LiveLaw (Del) 6
SANJAY SINGHAL v. STATE GOVT OF NCT OF DELHI & ORS. and other connected matters 2024 LiveLaw (Del) 7
HARE KRISHNA PATHAK v. KENDRIYA VIDYALAYA SANGATHAN & ANR. 2024 LiveLaw (Del) 8
BHAVNEET SINGH v. IRCON INTERNATIONAL LIMITED THROUGH CHAIRMAN AND MANAGING DIRECTOR & ORS. 2024 LiveLaw (Del) 9
X v. Y 2024 LiveLaw (Del) 10
MAHUA MOITRA v. DIRECTORATE OF ESTATES, GOVERNMENT OF INDIA & ANR. 2024 LiveLaw (Del) 11
AMAR SINGH BHATIA & ANR. v. SIR GANGA RAM HOSPITAL & ORS. 2024 LiveLaw (Del) 12
Hyatt International-Southwest Asia Ltd. Versus Additional Director Of Income Tax 2024 LiveLaw (Del) 13
R v. THE UNION OF INDIA THROUGH SECRETARY MINISTRY OF HEALTH AND FAMILY WELFARE & ORS. 2024 LiveLaw (Del) 14
POOJA SHARMA BAJAJ v. KUNAL BAJAJ & ORS. 2024 LiveLaw (Del) 15
PUMA SE v. INDIAMART INTERMESH LTD 2024 LiveLaw (Del) 16
RAHUL DILIP SHAH v. UNION OF INDIA AND ANR 2024 LiveLaw (Del) 17
RS Wires Industries Versus Sales Tax Officer Class 2024 LiveLaw (Del) 18
SUNIL KUMAR ALEDIA v. GOVT. OF NCT OF DELHI & ORS 2024 LiveLaw (Del) 19
Harshdip Singh Dhillon Versus Union Of India 2024 LiveLaw (Del) 20
M/S Mittal Footcare Versus The Commissioner Of Central Goods And Services Tax 2024 LiveLaw (Del) 21
Union of India v. M/s Panacea Biotec Limited 2024 LiveLaw (Del) 22
MBL Infrastructure Ltd v. DMRC 2024 LiveLaw (Del) 23
T.V.TODAY NETWORK LIMITED v. SAMEET THAKKAR & ANR. 2024 LiveLaw (Del) 24
M/S Angelantoni Test Technologies Srl V. Assistant Commissioner Of Income Tax, Circle Int Tax 1(1)(1) & Ors 2024 LiveLaw (Del) 25
NILKANTH DAS AND ORS. v. CBSE AND ORS. 2024 LiveLaw (Del) 26
Bar Council Of India Versus Commissioner Of Income Tax (Exemption) 2024 LiveLaw (Del) 27
NIVEDITA JOSHI v. ABHISHEK RAY & ANR. 2024 LiveLaw (Del) 28
M/S BLUE HEAVEN COSMETICS PVT LTD v. MR ANISH JAIN TRADING AS M/S NAVKAR COSMO & ANR. 2024 LiveLaw (Del) 29
MANJINDER SINGH SIRSA v. STATE OF NCT OF DELHI AND ANR. 2024 LiveLaw (Del) 30
NEERAJ SINGAL v. DIRECTORATE OF ENFORCEMENT 2024 LiveLaw (Del) 31
MANNAT GROUP OF HOTELS PRIVATE LIMITED & ANR. v. M/S MANNAT DHABA & ORS. 2024 LiveLaw (Del) 32
CENTRE FOR PUBLIC INTEREST LITIGATION AND ANR. v. UNION OF INDIA AND ORS. and other connected matter 2024 LiveLaw (Del) 33
Pr. Commissioner Of Income Tax Versus M/S Bt Global Communications India Pvt. Ltd. 2024 LiveLaw (Del) 34
Amway India Enterprises Private Limited Versus Commissioner, Vat, Delhi & Ors. 2024 LiveLaw (Del) 35
KARAN S THUKRAL v. THE DISTRICT & SESSIONS JUDGE & ORS 2024 LiveLaw (Del) 36
X v. Y 2024 LiveLaw (Del) 37
A v. B 2024 LiveLaw (Del) 38
PEPSICO INDIA HOLDINGS PVT. LTD. v. KAVITHA KURUGANTI and other connected matter 2024 LiveLaw (Del) 39
SAINT GURMEET RAM RAHIM SINGH INSAN SHISHAYEVA GADDINASHIN SHAH SATNAM SINGH JI MAHARAJ V/s YOUTUBE LLC AND ANR 2024 LiveLaw (Del) 40
COURT ON ITS OWN MOTION v. VIRENDRA SINGH ADVOCATE 2024 LiveLaw (Del) 41
NOVARTIS AG v. NATCO PHARMA LIMITED & ANR. 2024 LiveLaw (Del) 42
HARDESH KUMAR v. STATE 2024 LiveLaw (Del) 43
ARIF KHAN v. THE STATE AND ANR. 2024 LiveLaw (Del) 44
OJAS SATYAWALI THROUGH HIS MOTHER BHAWNA PATHAK v. DIRECTORATE OF EDUCATION & ANR. 2024 LiveLaw (Del) 45
NASHETA ZAIDI THROUGH GUARDIAN GROUP CAPTAIN IMRAN H ZAIDI v. CENTRAL BOARD OF SECONDARY EDUCATION & ANR. 2024 LiveLaw (Del) 46
Kinadhan Chakma v Union of India and Ors 2024 LiveLaw (Del) 47
KAUM FAQEER SHAH v. MINISTRY OF LABOUR AND EMPLOYMENT & ORS. 2024 LiveLaw (Del) 48
Jatin Mohanty v. Election Commission of India & Ors. 2024 LiveLaw (Del) 49
MR. TARUN TEJPAL AND ANR v. MAJOR GENERAL M.S. AHLUWALIA AND ORS 2024 LiveLaw (Del) 50
CITIZENS FOR DEMOCRACY THROUGH ITS SECRETARY v. ELECTION COMMISSION OF INDIA AND OTHERS 2024 LiveLaw (Del) 51
M/S Een Een Sales Corporation Versus Assistant Commissioner Of Central Goods And Service Tax 2024 LiveLaw (Del) 52
VIPUL JAIN v. STATE THROUGH GOVT OF (NCT) OF DELHI & ANR. 2024 LiveLaw (Del) 53
RAVI KAPOOR v. STATE-NCT OF DELHI 2024 LiveLaw (Del) 54
Nipun Malhotra vs Sony Pictures Films India Pvt Ltd 2024 LiveLaw (Del) 55
X v. STATE (NCT OF DELHI) AND ANR. 2024 LiveLaw (Del) 56
JAMIA ARABIA NIZAMIA WELFARE EDUCATION SOCIETY v. DELHI DEVELOPMENT AUTHORITY THROUGH ITS VICE CHAIRMAN & ORS. 2024 LiveLaw (Del) 57
SAGA MUSIC PRIVATE LIMITED v. ROGER DAVID & ORS. 2024 LiveLaw (Del) 58
ALLIED BLENDERS @ DISTILLERS PRIVATE LIMITED v. HERMES DISTILLERY PRIVATE LIMITED 2024 LiveLaw (Del) 59
PCIT Versus M/S Wig Investament 2024 LiveLaw (Del) 60
Oguljeren Hajyyeva Versus Commissioner Of Customs 2024 LiveLaw (Del) 61
Allied-Dynamic JV v. Ircon International Ltd 2024 LiveLaw (Del) 62
Simentech India Pvt Ltd v. BHEL 2024 LiveLaw (Del) 63
THE INDIAN EXPRESS P LTD v. THE INDIAN EXPRESS NEWSPAPERS WORKERS UNION REGD AND ANR 2024 LiveLaw (Del) 64
Bejon Kumar Misra v. GNCTD 2024 LiveLaw (Del) 65
MAHUA MOITRA v. DIRECTORATE OF ESTATES, GOVERNMENT OF INDIA & ANR. 2024 LiveLaw (Del) 66
NEERAJ SHARMA v. VINAY SHEEL SAXENA & ORS. 2024 LiveLaw (Del) 67
APOORVA Y K v. SOUTH ASIAN UNIVERSITY 2024 LiveLaw (Del) 68
DR BALWINDER KUMAR SHARMA v. STATE OF UT CHANDIGARH 2024 LiveLaw (Del) 69
MAKSOOD AHMAD v. STATE OF NCT OF DELHI & ANR. 2024 LiveLaw (Del) 70
Vivek Aggarwal v. Hemant Aggarwal 2024 LiveLaw (Del) 71
Jatinder Kaur & Ors v. Late Jagjit Singh & Investament 2024 LiveLaw (Del) 72
The Commissioner Of Income Tax - International Taxation -1 Versus Fox Network Group Singapore Pte Ltd. 2024 LiveLaw (Del) 73
Mr. Gajendra Mishra v. Pokhrama Foundation 2024 LiveLaw (Del) 74
A v. B 2024 LiveLaw (Del) 75
X v. Y 2024 LiveLaw (Del) 76
ARUN RAMCHANDRAN PILLAI v. DIRECTORATE OF ENFORCEMENT 2024 LiveLaw (Del) 77
KHADI AND VILLAGE INDUSTRIES COMMISSION v. MR ASHISH SINGH AND ORS 2024 LiveLaw (Del) 78
OXFAM INDIA v. PRINCIPAL COMMISSIONER OF INCOME TAX, (CENTRAL), DELHI-2 & ANR. and other connected matters 2024 LiveLaw (Del) 79
SHIBU SOREN v. LOKPAL OF INDIA & ANR. 2024 LiveLaw (Del) 80
CPIO v. Girish Mittal 2024 LiveLaw (Del) 81
A.V. PREM NATH v. STATE (NCT OF DELHI) 2024 LiveLaw (Del) 82
R v. THE UNION OF INDIA THROUGH SECRETARY MINISTRY OF HEALTH AND FAMILY WELFARE & ORS. 2024 LiveLaw (Del) 83
AASHISH GUPTA v. UNION OF INDIA & ANR. 2024 LiveLaw (Del) 84
PIYUSH GUPTA v. GOVT OF NCT OF DELHI AND ORS 2024 LiveLaw (Del) 85
MS KENT RO SYSTEMS LTD v. THE ADVERTISING STANDARDS COUNCIL OF INDIA THROUGH ITS GENERAL SECRETARY & ORS. 2024 LiveLaw (Del) 86
Aryan Timber Store Through Its Prop Virender Kumar Versus Sales Tax Officer 2024 LiveLaw (Del) 87
X v. Y 2024 LiveLaw (Del) 88
INFINITI RETAIL LIMITED vs M/S CROMA -SHARE & ORS 2024 LiveLaw (Del) 89
Techfab International Pvt Ltd v. MIDIMA Holdings Limited 2024 LiveLaw (Del) 90
SH. FIROZ AHMAD v. UNION OF INDIA AND OTHERS 2024 LiveLaw (Del) 91
STARBUCKS CORPORATION & ANR. v. NATIONAL INTERNET EXCHANGE OF INDIA & ORS. 2024 LiveLaw (Del) 92
NEETU GROVER v. UNION OF INDIA & ORS. 2024 LiveLaw (Del) 93
Makarand Suresh Mhadlekar v. Rahul Gandhi & Ors. 2024 LiveLaw (Del) 94
DR. SNEHASHISH BHATTACHARYA & ORS. v. SOUTH ASIAN UNIVERSITY 2024 LiveLaw (Del) 95
DIRECTORATE GENERAL OF HEALTH SERVICES v. SOM PAN PRODUCT PVT. LTD. and other connected matter 2024 LiveLaw (Del) 96
MOHIT PILANIA v. THE STATE GOVT. OF NCT OF DELHI AND ANR. 2024 LiveLaw (Del) 97
SK v. STATE OF NCT OF DELHI & ORS 2024 LiveLaw (Del) 98
NATIONAL FEDERATION OF THE BLIND v. GOVT. OF NCT OF DELHI AND ORS. 2024 LiveLaw (Del) 99
MANJINDER SINGH SIRSA v. STATE NCT OF DELHI AND ANR. 2024 LiveLaw (Del) 100
JAIDEEP SINGH SENGER@ATUL SINGH v. CBI 2024 LiveLaw (Del) 101
LEVI STRAUSS AND CO v. NAB PRODUCTIONS PRIVATE LIMITED AND ORS & ORS. 2024 LiveLaw (Del) 102
X v. Y 2024 LiveLaw (Del) 103
LOTUS HERBALS PRIVATE LIMITED v. DPKA UNIVERSAL CONSUMER VENTURES PRIVATE LIMITED & ORS. 2024 LiveLaw (Del) 104
Arjun Mall Retail Holdings Pvt Ltd v. Gunocen Inc 2024 LiveLaw (Del) 105
M/s K.S. Jain Builders v. Indian Railway Welfare Organisation 2024 LiveLaw (Del) 106
Vingro Developments Pvt Ltd v. Nitya Shree Developers Pvt Ltd 2024 LiveLaw (Del) 107
Mrs. Vinnu Goel v. Deputy Commissioner of Stamp Registration & Ors 2024 LiveLaw (Del) 108
AJAY KUMAR v. UNION OF INDIA & ORS. 2024 LiveLaw (Del) 109
ANAJALI PANDEY v. GOVT OF NCT OF DELHI & ANR. 2024 LiveLaw (Del) 110
RECKITT BENCKISER INDIA PRIVATE LIMITED v. UNION OF INDIA THROUGH: ITS SECRETARY & ORS. 2024 LiveLaw (Del) 111
ASHWINI KUMAR UPADHYAY v. UNION OF INDIA & OTHERS 2024 LiveLaw (Del) 112
Sharjeel Imam v. State 2024 LiveLaw (Del) 113
R K KAPOOR, ADVOCATE v. THE HIGH COURT OF DELHI & ORS. 2024 LiveLaw (Del) 114
ZORA TRADERS LIMITED & ORS v. UNION OF INDIA & ANR 2024 LiveLaw (Del) 115
KAMAL KANT AND COMPANY LLP v. RAASHEE FRAGRANCES INDIA PVT LTD 2024 LiveLaw (Del) 116
Mohammad Hamim & Anr. v. Facebook India Online Services Pvt. Ltd. & Ors. 2024 LiveLaw (Del) 117
Title: KHADI AND VILLAGE INDUSTRIES COMMISSION v. GIRDHAR INDUSTRIES AND ANR.
Citation: 2024 LiveLaw (Del) 1
The Delhi High Court has refused to pass interlocutory injunction order against two entities from using “Girdhar Khadi” and “BR Khadi” marks in a trademark suit filed by Khadi and Village Industries Commission.
Justice C Hari Shankar however directed the two manufacturers to maintain accounts of the manufacture, stock and sales of their products bearing the two marks and file accounts with the court every three months, pending disposal of the suit.
Title: VINOD KUMAR v. STATE (GNCT OF DELHI)
Citation: 2024 LiveLaw (Del) 2
The Delhi High Court has observed that the right to effectively pursue legal remedy by filing Special Leave Petition (SLP) in the Supreme Court, which is the last hope for availing justice, cannot be denied to an accused on the ground of “unsatisfactory conduct.”
Justice Swarana Kanta Sharma said that such a right cannot be withheld or the remedy denied to an accused on the ground that free legal aid is available in the jail and SLP can be filed from there.
Case Title: CIT Versus RRPR Holding Pvt. Ltd.
Citation: 2024 LiveLaw (Del) 3
The Delhi High Court has held that actual interest expenditure had to be adjusted against the income earned by way of interest.
The bench of Justice Rajiv Shakdher and Justice Girish Kathpalia has observed that the assessee has parked its surplus funds in fixed deposits of the bank from which it earned interest income. At the same time, the assessee has also paid interest to the bank. The interest earned has to be netted off with interest expenditure.
Title: Neelam Azad v. State
Citation: 2024 LiveLaw (Del) 4
The Delhi High Court has dismissed a habeas corpus petition moved by accused Neelam Azad, arrested over the security breach in the Parliament last month, seeking immediate release from police custody.
A division bench comprising Justice Suresh Kumar Kait and Justice Manoj Jain observed that the plea is not maintainable as Azad has already moved bail plea before the trial court.
“…the petition is not maintainable and is dismissed accordingly,” the bench said.
Title: Sanket Bhadresh Modi v. Central Bureau Of Investigation & Ors.
Citation: 2024 LiveLaw (Del) 5
The Delhi High Court has recently observed that an accused cannot be coerced to reveal or disclose the passwords or any other similar details of the digital devices or gadgets seized during investigation while the trial is ongoing, in view of the protection guaranteed under Article 20(3) of the Constitution of India.
Justice Saurabh Banerjee said that the investigating agency cannot expect an accused to "sing in a tune which is music to their ears", more so when such an accused enjoys the Constitutional protection against self-incrimination.
Title: Court In Its Own v. S Gurumurthy
Citation: 2024 LiveLaw (Del) 6
The Delhi High Court has closed the criminal contempt proceedings against author Anand Ranganathan in relation to a suo motu case initiated by the court regarding certain tweets made in 2018 against former Justice Muralidhar.
A division bench of Justice Suresh Kumar Kait and Justice Manoj Jain noted that the original initiator of the “contemptuous allegations” against the judge, including editor of Tamil political weekly Thuglak and RSS Ideologue S Gurumurthy S Gurumurthy and filmmaker Vivek Agnihotri, have already been discharged in the matter.
Title: SANJAY SINGHAL v. STATE GOVT OF NCT OF DELHI & ORS. and other connected matters
Citation: 2024 LiveLaw (Del) 7
The Delhi High Court has directed the Municipal Corporation of Delhi (MCD) and Delhi Fire Services (DFS) to constitute a Joint Task Force which may examine and inspect all coaching and teaching centres situated in city's Mukherjee Nagar area.
A division bench of Justice Yashwant Varma and Justice Ravinder Dudeja ordered that the Joint Task Force will draw up a comprehensive report indicating the “infractions and other non-conforming aspects” that may come to its notice on the issue.
Title: HARE KRISHNA PATHAK v. KENDRIYA VIDYALAYA SANGATHAN & ANR.
Citation: 2024 LiveLaw (Del) 8
The Delhi High Court has recently observed that a candidate applying for admission in a Kendriya Vidyalaya Sangathan (KVS) anywhere in the country under the EWS category need not furnish an income certificate issued from the State Government where the school is situated but such certificate is required to be furnished by an officer of the specified rank in the State where such verification is possible.
Justice Anup Jairam Bhambhani said that KVS being an institution established and controlled by the Central Government, the “appropriate government” for notifying the annual income threshold to decide whether a child belongs to the EWS Category is the Central Government.
Title: BHAVNEET SINGH v. IRCON INTERNATIONAL LIMITED THROUGH CHAIRMAN AND MANAGING DIRECTOR & ORS.
Citation: 2024 LiveLaw (Del) 9
The Delhi High Court has observed that the State must ensure that transfers and job postings of Persons with Disabilities (PwDs) is done in a way that they shall be given the choice to be posted at their preferred place of posting, and may even be exempted from rotational transfers as mandated for other employees.
Justice Chandra Dhari Singh said that the State shall also ensure that PwDs are not subjected to unnecessary and relentless harassment by being transferred or posted at places where they are unable to get an environment which is conducive for their working.
Title: X v. Y
Citation: 2024 LiveLaw (Del) 10
The Delhi High Court has made it clear that Indian Courts can issue anti-suit injunction if matrimonial proceedings in a foreign court, concerning non-resident Indians are oppressive or vexatious.
While dealing with a case under the Hindu Marriage Act, 1955, a division bench of Justice V Kameswar Rao and Justice Anoop Kumar Mendiratta flagged the growing trend of invoking jurisdiction of foreign courts by one of the parties, while the other party may prefer to invoke the jurisdiction of Indian courts.
Title: MAHUA MOITRA v. DIRECTORATE OF ESTATES, GOVERNMENT OF INDIA & ANR.
Citation: 2024 LiveLaw (Del) 11
Trinamool Congress leader Mohua Moitra has withdrawn from the Delhi High Court her plea challenging the cancellation of her government accommodation following her expulsion from the Lok Sabha in connection with the 'cash-for-query' allegations.
Moitra's counsel told Justice Subramonium Prasad that the TMC leader will approach the Union Government's Directorate of Estates for considering her case in accordance with the relevant Rules and to permit her to continue occupation of the government accommodation.
As the plea was withdrawn, the court directed the Union Government to take steps to evict Moitra from the government accommodation “only in accordance with law.”
Delhi High Court Fixes Timelines For Interviews, Decision Making Process In Organ Transplant Cases
Title: AMAR SINGH BHATIA & ANR. v. SIR GANGA RAM HOSPITAL & ORS.
Citation: 2024 LiveLaw (Del) 12
The Delhi High Court has fixed timelines to be followed by the Authorisation Committee under the Transplantation of Human Organs and Tissues Rules, 2014, for conducting interviews and decision-making process in organ transplant cases.
Justice Prathiba M Singh observed that a time-bound approach is crucial to maintain the integrity and effectiveness of organ transplantation protocols and would also be in furtherance of the right to health under Article 21 of the Constitution.
Case Title: Hyatt International-Southwest Asia Ltd. Versus Additional Director Of Income Tax
Citation: 2024 LiveLaw (Del) 13
The Delhi High Court has held that the use of trademarks incidental to advertisement or publicity was held as neither royalty nor fees for technical services (FTS) but as business income.
The bench of Justice Vibhu Bakhru and Justice Amit Mahajan has observed that merely because the extensive services rendered by the assessee in terms of the Strategic Oversight Services Agreements (SOSA) also included access to written knowledge, processes, and commercial information in furtherance of the services, this cannot lead to the conclusion that the fee received by the assessee was in the nature of royalty as defined under Article 12 of the DTAA.
Title: R v. THE UNION OF INDIA THROUGH SECRETARY MINISTRY OF HEALTH AND FAMILY WELFARE & ORS.
Citation: 2024 LiveLaw (Del) 14
Observing that the right to reproductive choice includes the right not to procreate, the Delhi High Court has allowed a woman to terminate her pregnancy of 29 weeks as she was suffering with extreme trauma after her husband's death.
Justice Subramonium Prasad said that the woman should be permitted to terminate her pregnancy because allowing her to continue with the same can impair her mental stability as she was showing suicidal tendencies.
Title: POOJA SHARMA BAJAJ v. KUNAL BAJAJ & ORS.
Citation: 2024 LiveLaw (Del) 15
The Delhi High Court has observed that the absence of law making adultery an offence cannot provide individuals a “blanket immunity” where they can marry others in secrecy during subsistence of their first marriage.
Justice Swarana Kanta Sharma added that such individuals cannot later claim that the first partner must prove that the second marriage was solemnized after performing essential rites and ceremonies, even for summoning the individual as an accused for the offence of bigamy, since adultery is no longer an offence.
Title: PUMA SE v. INDIAMART INTERMESH LTD
Citation: 2024 LiveLaw (Del) 16
The Delhi High Court has observed that an e-commerce platform cannot become haven for infringers and it must protect the intellectual property rights of others.
“E-commerce websites are commercial ventures, and are inherently profit oriented. There is, of course, nothing objectionable in this; but, while ensuring their highest returns, such websites have also to sedulously protect intellectual property rights of others,” Justice C Hari Shankar said.
Bureau Of Immigration Can't Delete LOC On Its Own Without Originator's Request: Delhi High Court
Title: RAHUL DILIP SHAH v. UNION OF INDIA AND ANR
Citation: 2024 LiveLaw (Del) 17
The Delhi High Court has observed that the Bureau of Immigration has not been vested with the jurisdiction to delete a look out circular (LOC) on its own without there being any request from the Originator.
Justice Subramonium Prasad said that the Bureau of Immigration cannot sit as an Appellate Authority and see if there is sufficient material for opening the LOC, as the materials of such nature can only be questioned in a court of competent jurisdiction.
Case Title: RS Wires Industries Versus Sales Tax Officer Class
Citation: 2024 LiveLaw (Del) 18
The Delhi High Court has quashed the order cancelling GST registration with retrospective effect, bereft of reasons.
The bench of Justice Sanjeev Sachdeva and Justice Ravinder Dudeja has observed that one of the consequences of cancelling a taxpayer's registration with retrospective effect is that the taxpayer's customers are denied the input tax credit availed in respect of the supplies made by the taxpayer during such a period.
Title: SUNIL KUMAR ALEDIA v. GOVT. OF NCT OF DELHI & ORS
Citation: 2024 LiveLaw (Del) 19
The Delhi High Court has directed the Member Secretary of the Building and other Construction Workers Welfare Board to take proactive steps to ensure that maximum number of construction workers in the national capital are registered under the Building and Other Construction Workers Act, 1996.
A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora said that steps should be taken to ensure that renewal and registration process is made simple and all help is extended to illiterate workman in getting himself or herself registered.
Employee Accepted Salary After TDS Deduction, Employer Responsible For Non-Deposit: Delhi High Court
Case Title: Harshdip Singh Dhillon Versus Union Of India
Citation: 2024 LiveLaw (Del) 20
The Delhi High Court has held that the employee accepted salary after TDS deduction and the employer is responsible for non-deposit of TDS.
The bench of Justice Rajiv Shakdher and Justice Girish Kathpalia has observed that the petitioner/employee, having accepted the salary after the deduction of income tax at source, had no further control over it in the sense that thereafter it was the duty of his employer, acting as a tax collecting agent of the revenue, to pay the deducted tax amount to the Central Government in accordance with law.
Case Title: M/S Mittal Footcare Versus The Commissioner Of Central Goods And Services Tax
Citation: 2024 LiveLaw (Del) 21
The Delhi High Court has held that an input tax credit (ITC) refund cannot be rejected merely on the grounds of the non-supply of authenticated documents.
The bench of Justice Sanjeev Sachdeva and Justice Ravinder Dudeja has observed that the petitioner had uploaded documents; however, the system did not register the documents that were uploaded by the petitioner. The appellate authority records that the petitioner had not submitted any documents, which were submitted along with the reply.
Section 34 Petition Is Non-Est If Filed Without The Arbitral Award: Delhi High Court
Case Title: Union of India v. M/s Panacea Biotec Limited
Citation: 2024 LiveLaw (Del) 22
The Delhi High Court has held that non-filing of the arbitral award along with the petition under Section 34 of the A&C Act is a fatal defect which renders the filing as non-est.
The bench of Justices Suresh Kumar Kait and Neena Bansal Krishna held that filing of an award along with the challenge petition is not an empty procedural requirement as sans the award, the Court is left absolutely clueless to comprehend the grounds taken in the objection Petition and thereby unable to decide whether the Petition merits Notice to be issued or outright rejection.
Case Title: MBL Infrastructure Ltd v. DMRC,
Citation: 2024 LiveLaw (Del) 23
The Delhi High Court has held that an Arbitral Tribunal can transgress the boundaries of the contract to grant relief to aggrieved party when the contract illegally restricts or does not provide for sufficient remedies.
The bench of Justice Chandra Dhari Singh held that in a situation which is not anticipated in the agreement, the tribunal can transgress the boundaries of the agreement and grant relief to the aggrieved party which it is rightfully entitled to. It held that the tribunal cannot withhold a relief merely because of the explicit provision for such a relief in the agreement.
Title: T.V.TODAY NETWORK LIMITED v. SAMEET THAKKAR & ANR.
Citation: 2024 LiveLaw (Del) 24
The Delhi High Court recently held an 'X' (formerly 'Twitter') user guilty of committing contempt of court for making “defamatory tweets” against TV Today Network despite restraint orders passed against him in 2020.
Justice Rekha Palli directed Thakkar to pay a fine of Rs. 1 lakh, taking into account that the offending tweets were removed by him and that he had tendered an unconditional apology for making the tweets.
Case Title: M/S Angelantoni Test Technologies Srl V. Assistant Commissioner Of Income Tax, Circle Int Tax 1(1)(1) & Ors
Citation: 2024 LiveLaw (Del) 25
The Delhi High Court has held that investment in shares by a company in its Indian subsidiary is a “capital account transaction” which does not give rise to any income. Therefore, the same cannot be treated as income for taxation.
Placing reliance on the earlier decision of Delhi High Court in Nestle SA v. Assistant Commissioner of Income Tax, the bench comprising of Acting Chief Justice Manmohan and Justice Mini Pushkarna held:
“It is settled law that investment in shares in an Indian subsidiary cannot be treated as 'income' as the same is in the nature of “capital account transaction” not giving rise to any income.”
Title: NILKANTH DAS AND ORS. v. CBSE AND ORS.
Citation: 2024 LiveLaw (Del) 26
The Delhi High Court has observed that once a school uploads the internal assessment marks of a student on the website of Central Board of Secondary Education (CBSE), it cannot seek any correction even if there was an error while uploading the marks.
Justice C Hari Shankar said that utter chaos would result if schools are permitted to commit errors while uploading students' marks on CBSE's website and thereafter, call upon the Board to correct the marks awarded at their end.
Delhi High Court Directs Income Tax Commissioner To Accept BCI's Form No.10 After Condoning Delay
Case Title: Bar Council Of India Versus Commissioner Of Income Tax (Exemption)
Citation: 2024 LiveLaw (Del) 27
The Delhi High Court has directed the income tax commissioner to accept Form No. 10 submitted by the Bar Council of India (BCI) after condoning the delay.
The bench of Justice Rajiv Shakdher and Justice Girish Kathpalia has observed that the mandate of Section 119(2)(b) of the Income Act is to mitigate the genuine hardship of the assessee in certain circumstances and authorize the Commissioners to admit the belated Form 10.
Title: NIVEDITA JOSHI v. ABHISHEK RAY & ANR.
Citation: 2024 LiveLaw (Del) 28
Artist Nivedita Joshi has filed a copyright infringement suit before Delhi High Court against the music composer and producer of film “Life is Good” which was released in 2022, alleging that the lyrics of the song “Palko ke Palne” written by her in 2011 were used in the movie without informing her.
Justice Anish Dayal directed the film producer, Anand Shukla, to maintain proper accounts of all royalties received on account of dissemination of the song in question, through all possible media.
Title: M/S BLUE HEAVEN COSMETICS PVT LTD v. MR ANISH JAIN TRADING AS M/S NAVKAR COSMO & ANR.
Citation: 2024 LiveLaw (Del) 29
The Delhi High Court recently restrained two manufacturers from selling cosmetic products under the mark 'Namo Navkar' using imitative and identical packaging of Blue Heaven's eyeliner, mascara and kajal.
Justice Prathiba M Singh observed that the use of identical artwork and packaging is likely to create deception amongst the consumers that the products of the two manufacturers also emanate from that of Blue Heaven.
Title: MANJINDER SINGH SIRSA v. STATE OF NCT OF DELHI AND ANR.
Citation: 2024 LiveLaw (Del) 30
The Delhi High Court has observed that Special MP/MLA Courts can try offences pending against sitting or former legislators and there is no bar for trial of a person who had ceased to be an MP or MLA, at the time of commission of the alleged offence.
Justice Swarana Kanta Sharma dismissed a plea moved by BJP leader Manjinder Singh Sirsa challenging an ACMM order rejecting his application seeking transfer or return of a complaint filed against him on account of lack of jurisdiction.
Title: NEERAJ SINGAL v. DIRECTORATE OF ENFORCEMENT
Citation: 2024 LiveLaw (Del) 31
The Delhi High Court has observed that oral communication of “grounds of arrest” to an accused is proper compliance of Section 19(1) of Prevention of Money Laundering Act, 2002, for arrests made prior to the Supreme Court ruling in Pankaj Bansal v. Union of India, delivered on October 3, 2023.
Justice Vikas Mahajan made the observation while upholding the arrest of Neeraj Singal, former Managing Director of Bhushan Steel Limited, in a money laundering case related to Enforcement Directorate's probe in a bank fraud case.
Title: MANNAT GROUP OF HOTELS PRIVATE LIMITED & ANR. v. M/S MANNAT DHABA & ORS.
Citation: 2024 LiveLaw (Del) 32
The Delhi High Court has restrained various local dhabas from using the registered trademarks of popular Murthal based eatery “Mannat Dhaba.”
Justice Anish Dayal passed the ex-parte ad-interim injunction order against the three defendants running their restaurants under the names Mannat Dhaba, Shri Mannat Dhaba and Apna Mannat Dhaba.
Title: CENTRE FOR PUBLIC INTEREST LITIGATION AND ANR. v. UNION OF INDIA AND ORS. and other connected matter
Citation: 2024 LiveLaw (Del) 33
The Delhi High Court has put in abeyance its earlier directions to the Union Government, Central Bureau of Investigation (CBI) and Directorate of Revenue Intelligence (DRI) to “meticulously and expeditiously” look into the allegations of over invoicing of coal imports and equipments by power companies belonging to the Adani Group.
A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna on December 19 last year had directed the authorities to “unearth the actual factual position” and take appropriate actions against the erring power companies including those of Adani Group and Essar Group, if any, as per law.
Case Title: Pr. Commissioner Of Income Tax Versus M/S Bt Global Communications India Pvt. Ltd.
Citation: 2024 LiveLaw (Del) 34
The Delhi High Court has held that the Principal Commissioner Income Tax (PCIT) wrongly invoked jurisdiction under Section 263 of the Income Tax Act and fell in error by taking a U-turn in the fourth assessment year, thereby denying the benefit of Section 80IA of the Income Tax Act.
The bench of Justice Rajiv Shakdher and Justice Girish Kathpalia has observed that no material was brought on record by the PCIT to show that merely by migration from Internet Protocol-Virtual Private Network (IP-VPN) to National Long Distance-International Long Distance (NLD-ILD) license, a new and different “undertaking” of the assessee within the meaning of Section 80IA(4)(ii) came into existence.
Case Title: Amway India Enterprises Private Limited Versus Commissioner, Vat, Delhi & Ors.
Citation: 2024 LiveLaw (Del) 35
The Delhi High Court has held that coconut oil sold by Amway as a hair oil cannot be classified as edible oil under the DVAT Act.
The bench of Justice Vibhu Bakhru and Justice Amit Mahajan, while ruling in favour of the department, observed that the coconut oil is sold by the appellant in small packs, is displayed in the category of hair care, the manner in which it is to be applied to hair, and the purpose for which it is purchased by the consumer leaves no manner of doubt that the coconut oil sold by the appellant is wrongly sought to be classified under Entry 25 of the Third Schedule of the DVAT Act.
Case Title: KARAN S THUKRAL v. THE DISTRICT & SESSIONS JUDGE & ORS
Citation: 2024 LiveLaw (Del) 36
The Delhi High Court has recently ordered that e-filing of pleadings, documents and interim applications be made mandatory in the civil jurisdictions and criminal complaint cases before all the District Courts in the national capital.
Directing that the “Centralised Filing System” for filings related to ongoing and pending cases be implemented in all the District Courts, a division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora said:
“Mandatory e-filing of pleadings, documents and interim applications shall be adhered to in the jurisdictions already notified vide notification no.12/Rules/DHC dated 22nd February, 2022 under e-filing Rules of the High Court of Delhi, 2021.”
Title: X v. Y
Citation: 2024 LiveLaw (Del) 37
The Delhi High Court has observed that a wife's conduct of attempting suicide and then trying to put the blame on the husband and his family members is an act of “extreme cruelty.”
A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna upheld the decree of divorce granted by a family court, in a divorce petition moved by the husband, on the ground of cruelty by the wife under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
Title: A v. B
Citation: 2024 LiveLaw (Del) 38
The Delhi High Court has recently observed that the wife cannot be denied the benefit of interim maintenance under the Domestic Violence Act, 2005, merely on the basis of allegations of illicit relationship which are yet to be proved during the course of trial.
Justice Anoop Kumar Mendiratta dismissed a husband's plea against a trial court order directing him to pay Rs. 6000 per month to the wife towards rent, alongwith monthly interim maintenance of Rs.11,460 and Rs.9,800 towards the expenditure of both minor daughters.
Title: PEPSICO INDIA HOLDINGS PVT. LTD. v. KAVITHA KURUGANTI and other connected matter
Citation: 2024 LiveLaw (Del) 39
The Delhi High Court has set aside a single judge's order which upheld an order passed by the Protection of Plant Varieties and Farmers Rights Authority revoking Pepsico India's registration with respect to a potato variety used for making Lay's chips.
A division bench of Justice Yashwant Varma and Justice Dharmesh Sharma set aside the order passed by the single judge on July 05 last year as well as the order of the Authority and its letter dated February 11, 2022, rejecting PepsiCo's application for renewal of patent registration.
Title: SAINT GURMEET RAM RAHIM SINGH INSAN SHISHAYEVA GADDINASHIN SHAH SATNAM SINGH JI MAHARAJ V/s YOUTUBE LLC AND ANR
Citation: 2024 LiveLaw (Del) 40
The Delhi High Court has directed Journalist and YouTuber Shyam Meera Singh to take down a video made by him on Dera Saccha Sauda Chief Ram Rahim Singh from all social media platforms.
“The video seems to be prima facie defamatory vis-à-vis the plaintiff (Gurmeet Ram Rahim Singh),” Justice Jasmeet Singh said.
However, the court granted liberty to the journalist to upload a new video with a disclaimer that its contents are quoted from trial court judgment on Rahim's conviction and the book titled “Dera Sacha Sauda and Gurmeet Ram Rahim” by Anurag Tripathi.
Title: COURT ON ITS OWN MOTION v. VIRENDRA SINGH ADVOCATE
Citation: 2024 LiveLaw (Del) 41
The Delhi High Court has sentenced a lawyer to six months in jail after finding him guilty of contempt of court for making “contumacious allegations” and “scandalous imputations” against judges of the High Court as well as District Courts in a criminal appeal filed by him on behalf of a rape survivor.
A division bench of Justice Suresh Kumar Kait and Justice Shailender Kaur sentenced the lawyer to undergo simple imprisonment for a period of 6 months in Tihar jail, with fine of Rs.2,000.
Title: NOVARTIS AG v. NATCO PHARMA LIMITED & ANR.
Citation: 2024 LiveLaw (Del) 42
The Delhi High Court has held that a pre-grant opponent under the Patents Act, 1970, merely aids the Controller in a holistic examination of the patent application and does not have a right to intervene in the “examination process” of the patent.
A division bench of Justice Yashwant Varma and Justice Dharmesh Sharma observed that, unlike an adversarial process, the opposition to a patent merely contributes to the overall assessment of the patent application and thus, would not sustain a right of hearing being claimed in the examination process.
Title: HARDESH KUMAR v. STATE
Citation: 2024 LiveLaw (Del) 43
While dealing with a dowry death case which involved alleged harassment of the daughter-in-law for giving birth to a girl child, the Delhi High Court has observed that perpetrators of such crimes need to be educated that it is their son and not the daughter-in-law whose chromosomes, through union of a married couple, will decide the birth of the unborn child.
Justice Swarana Kanta Sharma observed that the “genetic science” is totally ignored according to which, the genetic determination of gender of the unborn child, involves the combination of X and Y chromosomes, with females possessing XX chromosomes and males having X and one Y chromosome each.
True Love Between Adolescents Can't Be Controlled Through Police Action: Delhi High Court
Title: ARIF KHAN v. THE STATE AND ANR.
Citation: 2024 LiveLaw (Del) 44
The Delhi High Court has observed that true love between two individuals, one or both of whom may be minor or minors on the verge of majority, cannot be controlled through rigours of law or State action.
Justice Swarana Kanta Sharma said that the dilemma at times faced by the court can be of trying to justify the State or Police action against an adolescent couple, who marry each other and continue to lead a peaceful life and raise a family, and respect for obeying the law of the land.
Title: OJAS SATYAWALI THROUGH HIS MOTHER BHAWNA PATHAK v. DIRECTORATE OF EDUCATION & ANR.
Citation: 2024 LiveLaw (Del) 45
The Delhi High Court has observed that once the Directorate of Education (DoE) is satisfied that a child is entitled to preferential admission under the Economically Weaker Sections (EWS) or Disadvantaged Group (DG) category, the school cannot refuse admission to the child.
Justice C Hari Shankar said that it is the child welfare which is paramount and law cannot countenance a situation in which, despite DoE having found the child entitled to admission, school refuses the same.
Title: NASHETA ZAIDI THROUGH GUARDIAN GROUP CAPTAIN IMRAN H ZAIDI v. CENTRAL BOARD OF SECONDARY EDUCATION & ANR.
Citation: 2024 LiveLaw (Del) 46
The Delhi High Court has observed that a student is entitled to full marks where the examiner fails to award mark in the margin against a particular answer even after entering a tick mark, thereby indicating that the answer is correct.
Justice C Hari Shankar said that consequence of the lapse of the examiner, if any, cannot be visited on the student.
Title: Kinadhan Chakma v Union of India and Ors
Citation: 2024 LiveLaw (Del) 47
The Delhi High Court has observed that foreigners cannot claim right to reside and settle in India and their fundamental rights are limited to protection of life and liberty under Article 21 of the Constitution of India.
“We may also note that foreign national cannot claim that he has right to reside and settle in India in terms of Article 19 (1) (e) of Constitution of India,” a division bench of Justice Suresh Kumar Kait and Justice Manoj Jain said.
Title: KAUM FAQEER SHAH v. MINISTRY OF LABOUR AND EMPLOYMENT & ORS.
Citation: 2024 LiveLaw (Del) 48
The Delhi High Court has issued a slew of directions for immediate financial assistance, recovery of back wages and legal proceedings to be followed by the authorities in the post rescue protocol of child labourers in the national capital.
A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora directed that when a rescued child is placed in a childcare or juvenile home under the care of the Delhi Government, a savings bank account shall be jointly opened immediately in the name of the minor, along with the Superintendent or In-charge of the respective Child Care Institution as the temporary guardian.
Title: Jatin Mohanty v. Election Commission of India & Ors.
Citation: 2024 LiveLaw (Del) 49
The Delhi High Court has refused to entertain a plea moved by BJP Odisha's General Secretary, Jatin Mohanty, against alleged misuse of public funds by Biju Janta Dal (BJD) while advertising State welfare schemes using its party symbol 'Conch' allotted by the Election Commission of India.
A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora asked Mohanty to approach Orissa High Court as everything, including advertising of the schemes, happened there.
Title: MR. TARUN TEJPAL AND ANR v. MAJOR GENERAL M.S. AHLUWALIA AND ORS
Citation: 2024 LiveLaw (Del) 50
Tehelka magazines's former editor-in-chief Tarun Tejpal and co-founder Aniruddha Bahal has told the Delhi High Court that they will publish an unconditional apology in a national english newspaper stating that former Major General MS Ahluwalia, who filed a defamation case against them in 2002 over a news report depicting him as a “corrupt middleman” in defence deals, neither asked for nor accepted any bribery.
A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora was hearing an appeal moved by Tejpal and Bahal against an order passed last year by a single judge directing them, as well as Tehelka and a journalist Mathew Samuel to pay Rs. 2 crores to Ahluwalia for defaming him.
Title: CITIZENS FOR DEMOCRACY THROUGH ITS SECRETARY v. ELECTION COMMISSION OF INDIA AND OTHERS
Citation: 2024 LiveLaw (Del) 51
The Delhi High Court has refused to entertain a public interest litigation seeking direction on the Election Commission of India (ECI) to not utilize the services of Ward Volunteers and Village Secretariats for preparation of electoral rolls in the State of Andhra Pradesh.
The PIL was filed by NGO Citizens for Democracy, representing by its Secretary, a retired IAS officer as well as former State Election Commissioner.
Case Title: M/S Een Een Sales Corporation Versus Assistant Commissioner Of Central Goods And Service Tax
Citation: 2024 LiveLaw (Del) 52
The Delhi High Court has held that taxpayers are not provided an opportunity to object to the retrospective cancellation of GST registration.
The bench of Justice Sanjeev Sachdeva and Justice Ravinder Dudeja has restored the GST registration of the petitioner to its original number.
Forging Orders Of An Arbitrator A 'Serious Offence': Delhi High Court Denies Anticipatory Bail
Title: VIPUL JAIN v. STATE THROUGH GOVT OF (NCT) OF DELHI & ANR.
Citation: 2024 LiveLaw (Del) 53
The Delhi High Court has denied anticipatory bail to a man accused of producing a forged and fabricated order purportedly passed in an arbitration proceeding, before the Delhi Police.
Justice Navin Chawla said that forging an order, which may be of an arbitrator, is a serious offence.
Title: RAVI KAPOOR v. STATE-NCT OF DELHI
Citation: 2024 LiveLaw (Del) 54
The Delhi High Court has denied parole to Ravi Kapoor, convicted for the murder of journalist Soumya Vishwanathan and IT executive Jigisha Ghosh and various other cases.
Justice Swarana Kanta Sharma dismissed Kapoor's plea taking into account his criminal history, the gravity of the offence committed by him and his overall conduct inside the jail premises.
Kapoor, who is currently serving life sentence in the cases, had moved the plea seeking parole for four weeks on the ground of maintaining social ties with his family and for undergoing a knee surgery.
Title: Nipun Malhotra vs Sony Pictures Films India Pvt Ltd
Citation: 2024 LiveLaw (Del) 55
The Delhi High Court has refused to entertain a public interest litigation claiming that the film “Aankh Micholi”, which released in November last year, is derogatory to people with disabilities.
A division bench comprising of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora said that Courts generally do not interfere once the Central Board of Film Certification (CBFC) gives certificate to a film.
Title: X v. STATE (NCT OF DELHI) AND ANR.
Citation: 2024 LiveLaw (Del) 56
Calling it a “twin promise of marriage”, the Delhi High Court has recently ordered framing of rape and criminal intimidation charges against a man who allegedly assured a married couple that after their divorce he will marry the wife and look after their children, but later refused to do so after entering into physical relationship with the said wife.
“It is thus a case of twin promise of marriage, i.e. to the complainant as well as her husband and family. Had he not promised or represented to her, she would not have entered into physical relations with him,” Justice Swarana Kanta Sharma said.
Delhi High Court Halts Construction Of 'Unauthorised Guest House' Near Nizamuddin Dargah And Baoli
Title: JAMIA ARABIA NIZAMIA WELFARE EDUCATION SOCIETY v. DELHI DEVELOPMENT AUTHORITY THROUGH ITS VICE CHAIRMAN & ORS.
Citation: 2024 LiveLaw (Del) 57
The Delhi High Court has directed the city authorities to ensure that no further construction is carried out in an unauthorised guest house near centrally protected Nizamuddin Dargah and Baoli.
A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora pulled up the authorities and expressed disapproval over the unauthorised construction.
Title: SAGA MUSIC PRIVATE LIMITED v. ROGER DAVID & ORS.
Citation: 2024 LiveLaw (Del) 58
The Delhi High Court has restrained Pakistani-American rapper and singer Bohemia from engaging with third parties for making any sound recordings or musical works, without prior written approval of a Delhi based music company, Saga Music Private Limited.
Justice Anish Dayal also restrained Bohemia and his agents from posting any defamatory posts or content on social media platforms against the music company which claims that the singer violated terms and conditions of a performance agreement entered between them in 2019.
Title: ALLIED BLENDERS @ DISTILLERS PRIVATE LIMITED v. HERMES DISTILLERY PRIVATE LIMITED
Citation: 2024 LiveLaw (Del) 59
The Delhi High Court has restrained a Karnataka-based manufacturer from selling whiskey and other liquor products under the “Peace Maker” label in a suit filed by alcoholic beverages manufacturer “Officer's Choice.”
Justice Prathiba M Singh said that prima facie, there was a clear attempt to indulge in “smart copying” by the manufacturer which would still be copying.
Case Title: PCIT Versus M/S Wig Investament
Citation: 2024 LiveLaw (Del) 60
The Delhi High Court has held that transactions concerning mutual funds were in the nature of investment and not motivated by trade.
The bench of Justice Rajiv Shakdher and Justice Girish Kathpalia has observed that the intent has to be ascertained keeping in mind the magnitude and frequency of the transactions, the period for which shares are held, the purpose for which they are held, and how transactions are disclosed in the books of account.
Case Title: Oguljeren Hajyyeva Versus Commissioner Of Customs
Citation: 2024 LiveLaw (Del) 61
The Delhi High Court has directed the Customs Commissioner to release the remaining amount after realizing the redemption fine and penalty from the seized foreign currency.
The bench of Justice Sanjeev Sachdeva and Justice Ravinder Dudeja has observed that ordinarily, the adjudicating officer needs to give the owner of the goods the option to pay a fine in lieu of confiscation, and if such a fine is not paid within a period of 120 days, such an option will become void. But the goods seized in the present case are nothing else but foreign currency.
Case Title: Allied-Dynamic JV v. Ircon International Ltd
Citation: 2024 LiveLaw (Del) 62
The High Court of Delhi has held that an arbitral award cannot be challenged on the ground of bias of arbitrator if no challenge to bias was made during the pendency of arbitral proceedings.
The bench of Justice Pratibha M. Singh held that a party that has fully participated in the arbitral proceedings without raising any challenge to the jurisdiction of the tribunal on ground of bias, cannot challenge the award directly under Section 34 of the A&C Act.
Case Title: Simentech India Pvt Ltd v. BHEL
Citation: 2024 LiveLaw (Del) 63
ThePendente Lite And Future Interest Can't Be Included In The 'Aggregate Value Of Claim And Counterclaims' U/S 12 Of Commercial Courts Act: Delhi High Court has held that to determine the pecuniary jurisdiction of the Court to deal with a challenge petition under Section 34 of the A&C Act, the value of the pendente lite and future interest cannot be included in the aggregate value of the claims and counter-claims to determine the 'Specified Value' as provided under Section 12 of the Commercial Courts Act, 2015 (CCA).
The bench of Justice Sanjeev Narula held that Section 12(2) of the CCA stipulates that the 'aggregate value' of the claim and any counterclaim in a commercial dispute arbitration forms the basis for determining the pecuniary jurisdiction of the Court.
Title: THE INDIAN EXPRESS P LTD v. THE INDIAN EXPRESS NEWSPAPERS WORKERS UNION REGD AND ANR
Citation: 2024 LiveLaw (Del) 64
The Delhi High Court has set aside the order passed by an Industrial Tribunal last year increasing the age of retirement or superannuation of the workers of The Indian Express from 58 years to 60 years with effect from October 15, 2009, with all consequential benefits.
Justice Anish Dayal remanded the matter back to the Industrial Tribunal for fresh adjudication, after considering all materials which may be placed by the parties in detail to be examined with a fresh nuanced outlook and robust reasoning.
Title: Bejon Kumar Misra v. GNCTD
Citation: 2024 LiveLaw (Del) 65
The Delhi High Court has dismissed a plea seeking a court-monitored probe into the allegations of fake laboratory tests being conducted at the moholla clinics set up by the Aam Aadmi Party government in the national capital.
A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora rejected an application moved by social activist Bejon Kumar Misra in his pending PIL against “unauthorised pathological labs and diagnostic centres” in Delhi.
Title: MAHUA MOITRA v. DIRECTORATE OF ESTATES, GOVERNMENT OF INDIA & ANR.
Citation: 2024 LiveLaw (Del) 66
The Delhi High Court has refused to stay the eviction order issued to Trinamool Congress leader Mohua Moitra asking her to vacate the government bungalow immediately, following her expulsion from the Lok Sabha in December last year.
Justice Girish Kathpalia dismissed Moitra's application seeking stay of the eviction order in view of the pendency of the issue of her expulsion from Lok Sabha before the Supreme Court, and the issue of extension of time to vacate the government accommodation being inextricably linked with that, coupled with the fact that as on date she has no right.
Delhi High Court Sets Aside Conviction Of Cop In Contempt Case Over Damages To Trees
Title: NEERAJ SHARMA v. VINAY SHEEL SAXENA & ORS.
Citation: 2024 LiveLaw (Del) 67
The Delhi High Court has set aside the conviction of a police officer in a contempt case for damaging trees in the national capital during construction work in 2021.
Justice Mini Pushkarna also discharged the notice of contempt issued to the cop as well as three officers of Public Works Department (PWD). All four officials were convicted for contempt in June 2022.
Title: APOORVA Y K v. SOUTH ASIAN UNIVERSITY
Citation: 2024 LiveLaw (Del) 68
The Delhi High Court has set aside two orders issued by the South Asian University expelling an LLM student over alleged acts of indiscipline, observing that the procedure adopted was sham and pre-determined.
“The entire exercise was, therefore, chimerical in character, with the clear intention, already formulated, to send the petitioner out,” Justice C Hari Shankar said.
Delhi High Court Orders Day To Day Trial In 2017 Haryana Judicial Paper Leak Case
Title: DR BALWINDER KUMAR SHARMA v. STATE OF UT CHANDIGARH
Citation: 2024 LiveLaw (Del) 69
The Delhi High Court has asked a trial court in the national capital to expedite the trial in the case concerning the paper leak of Haryana Civil Services (Judicial Branch) Preliminary Examination, 2017, and take up the same on a day-to-day basis.
Justice Dinesh Kumar Sharma directed the trial court to dispose of the matter positively on or before April 15 and sought a compliance report on the same.
Title: MAKSOOD AHMAD v. STATE OF NCT OF DELHI & ANR.
Citation: 2024 LiveLaw (Del) 70
The Delhi High Court has observed that an individual undergoing religious conversion for the purpose of marriage must be fully informed of the legal consequences associated with it and issued a slew of directions to be followed in conversion cases.
Justice Swarana Kanta Sharma observed that by providing a detailed understanding of the religious and its associated ramifications, the individual must be made aware of the potential shifts in his or her legal standing post-conversion.
Case Title: Vivek Aggarwal v. Hemant Aggarwal
Citation: 2024 LiveLaw (Del) 71
The High Court of Delhi has held that an issue related to the bias of an arbitrator in conducting the arbitral proceedings cannot be determined by a Court while dealing with the application under Section 29A of the A&C Act.
The bench of Justice Pratibha M. Singh reiterated that the scope of Court's power under Section 29A is limited to the examination of whether the extension should be granted or not. It held that the grievance of a party with the conduct of arbitral proceedings or any other substantive challenge cannot be decided by the Court under Section 29A.
Case Title: Jatinder Kaur & Ors v. Late Jagjit Singh & Investament
Citation: 2024 LiveLaw (Del) 72
The High Court of Delhi has held that the limitation period for the appointment of the substitute arbitrator is 3 years from the date when the right to apply for such appointment accrues.
The bench of Justice Pratibha M. Singh held that since the act does not provide for any explicit period for the appointment of a substitute arbitrator, the limitation shall be governed by the residual provision found in Article 137 of the Limitation Act which provides a period of 3 years as the limitation period from the date when the right to apply accrues.
Case Title: The Commissioner Of Income Tax - International Taxation -1 Versus Fox Network Group Singapore Pte Ltd.
Citation: 2024 LiveLaw (Del) 73
The Delhi High Court has held that fees received by assessees for sub-licensing sports broadcasting rights attributable to 'live feed' is not taxable as royalty.
The bench of Justice Yashwant Varma and Justice Girish Kathpalia has observed that once the Court came to the conclusion that a live telecast would not fall within the ambit of the expression “work”, it would be wholly erroneous to hold that the income derived by the assessee in respect of “live feed” would fall within clause (v) of Explanation 2 to Section 9(1)(vi) of the Income Tax Act, 1961.
Case Title: Mr. Gajendra Mishra v. Pokhrama Foundation
Citation: 2024 LiveLaw (Del) 74
The High Court of Delhi has held that a party cannot insist on fulfilment of pre-arbitration conciliation once it has itself terminated the agreement. It held that pre-arbitration conciliation provided in the agreement falls with the termination of the agreement.
The bench of Justice Pratibha M. Singh held that once a party has itself proceeded to terminate the agreement without approaching the Project Manager for conciliation, it cannot object to the maintainability of the petition seeking appointment of the arbitrator on the ground of non-fulfilment of pre-arbitral steps.
Title: A v. B
Citation: 2024 LiveLaw (Del) 75
The Delhi High Court has ruled that the findings of cruelty against a wife in the divorce proceedings by itself cannot be a basis to deny her maintenance under the Domestic Violence Act, 2005.
Justice Amit Bansal also observed that a revision petition would lie to the High Court against an order passed by the Sessions Court in appeal under Section 29 of the Domestic Violence Act.
Title: X v. Y
Citation: 2024 LiveLaw (Del) 76
The Delhi High Court has recently said that it is the child who suffers the most casualty in custody battle because even if either parent wins, the minor loses everything due to polarization of familial relations.
A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna said:
“Merely having a child does not make one a 'parent', rather the one who protects the child from being torn in such parental conflicts is the closest to being an 'ideal parent'. The focus should be the child's future and not the parents' past.”
Title: ARUN RAMCHANDRAN PILLAI v. DIRECTORATE OF ENFORCEMENT
Citation: 2024 LiveLaw (Del) 77
The Delhi High Court has refused to extend the interim bail granted to Hyderabad based businessman Arun Ramachandra Pillai in the money laundering case connected to the alleged liquor policy scam.
Pillai was granted interim bail on December 28 last year on the ground of medical condition of his wife who had undergone a surgery.
Justice Swarana Kanta Sharma however granted extension of three days of interim bail to Pillai, who was asked to surrender on January 20, for travelling back to the national capital and making arrangement of an attendant for his wife, if not made yet.
Title: KHADI AND VILLAGE INDUSTRIES COMMISSION v. MR ASHISH SINGH AND ORS
Citation: 2024 LiveLaw (Del) 78
The Delhi High Court has recently ordered suspension of a website under the name of “Khadi Organic” which was promoting itself as an “official website for sale of Ayodhya Ram Mandir prasad” on various social media platforms.
The website was offering for delivery of free prasad from the Pran Pratishta ceremony scheduled to be held today at the Ram Temple in Ayodhya, Uttar Pradesh.
Title: OXFAM INDIA v. PRINCIPAL COMMISSIONER OF INCOME TAX, (CENTRAL), DELHI-2 & ANR. and other connected matters
Citation: 2024 LiveLaw (Del) 79
The Delhi High Court has recently stayed the order passed by the Income Tax department cancelling the tax exemption status of two non-government organisations, Oxfam India and CARE India.
A division bench of Justice Yashwant Varma and Justice Purushaindra Kumar Kaurav passed the order identical to an interim order passed on August 25 last year in favour of leading public policy think tank, Centre for Policy Research and said that the two NGOs shall also be entitled to identical interim reliefs.
Case Title: SHIBU SOREN v. LOKPAL OF INDIA & ANR.
Citation: 2024 LiveLaw (Del) 80
The Delhi High Court has refused to interfere at this stage with the proceedings initiated by Lokpal of India against Jharkhand Mukti Morcha (JMM) Chief Shibu Soren in connection with a disproportionate assets case.
Justice Subramonium Prasad said that the plea moved by Soren challenging the Lokpal proceedings is “premature at this juncture”.
Title: CPIO v. Girish Mittal
Citation: 2024 LiveLaw (Del) 81
The Delhi High Court has set aside an order of the Central Information Commission (CIC) directing the Income Tax (IT) department to provide details regarding the tax exemption granted to the PM Cares Fund under the Right to Information Act, 2005.
Justice Subramonium Prasad observed that the CIC does not have the jurisdiction to direct furnishing of information provided for in Section 138 of the Income Tax Act (disclosure of information respecting assessees.
Title: A.V. PREM NATH v. STATE (NCT OF DELHI)
Citation: 2024 LiveLaw (Del) 82
The Delhi High Court on Monday refused to quash an FIR against former 1997-batch Danics officer AV Prem Nath, prematurely retired from service in October last year over molestation charges, for allegedly inducing a to file a false complaint against YVVJ Rajshekhar, Delhi Government's Special Secretary (Services and Vigilance), in return for a job.
Justice Amit Sharma said that it is not a case where it can be safely concluded at this stage that no offence is made out against Nath.
Delhi High Court Recalls Order Allowing Woman To Terminate 29 Weeks Pregnancy After Husband's Death
Title: R v. THE UNION OF INDIA THROUGH SECRETARY MINISTRY OF HEALTH AND FAMILY WELFARE & ORS.
Citation: 2024 LiveLaw (Del) 83
The Delhi High Court has recalled its recent order allowing a woman to terminate her pregnancy of 29 weeks as she was suffering with extreme trauma after her husband's death.
“The order is recalled,” Justice Subramonium Prasad said while allowing an application moved by the Central Government seeking recall of the order passed on January 04.
Title: AASHISH GUPTA v. UNION OF INDIA & ANR.
Citation: 2024 LiveLaw (Del) 84
The National Testing Agency (NTA) has assured the Delhi High Court that in future, the final answer key for Central University Entrance Test (CUET-UG) exam would be uploaded on its website at least a day prior to the final declaration of result.
Justice C Hari Shankar was given the assurance that the final answer key would be accessible only through the individual login ID and password of the candidate concerned.
“The Court is satisfied with the explanation. The NTA is directed to ensure that these assurances are scrupulously adhered to, in future,” the court said.
Title: PIYUSH GUPTA v. GOVT OF NCT OF DELHI AND ORS
Citation: 2024 LiveLaw (Del) 85
The Delhi Government has told the Delhi High Court that the Online Single Window System (OSWS) portal for seamless processing of payment of professional fees to the standing counsels will be made operational within two weeks.
The Delhi Government told a division bench comprising of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora that the aspect of fee revision, including cap on appearances, of the empanelled lawyers is pending consideration with the Law Minister.
Title: MS KENT RO SYSTEMS LTD v. THE ADVERTISING STANDARDS COUNCIL OF INDIA THROUGH ITS GENERAL SECRETARY & ORS.
Citation: 2024 LiveLaw (Del) 86
The Delhi High Court has observed that advertising is a part of commercial speech recognized under Article 19(1)(a) of the Constitution of India and any restraint on such a right can be placed only with some authority of law.
Justice Prathiba M Singh said that exaggerations, puffery, and hyperbole are part of advertising that cannot be completely curtailed, except in accordance with law.
GST Registration Can't be Cancelled Retrospectively For Non-Filing Of Returns: Delhi High Court
Case Title: Aryan Timber Store Through Its Prop Virender Kumar Versus Sales Tax Officer
Citation: 2024 LiveLaw (Del) 87
The Delhi High Court has held that GST registration cannot be cancelled with retrospective effect for mere non-filing of returns.
The bench of Justice Sanjeev Sachdev and Justice Ravinder Dudeja has observed that simply because a taxpayer has not filed the returns for some period does not mean that the taxpayer's registration is required to be cancelled, with a retrospective date also covering the period when the returns were filed and the taxpayer was compliant.
Delhi High Court Grants Divorce To Man From 'Non Adjusting Wife' On Grounds Of Cruelty
Title: X v. Y
Citation: 2024 LiveLaw (Del) 88
The Delhi High Court recently granted divorce to a man on the grounds of cruelty by his wife, observing that she had a “non-adjusting attitude” and no maturity to sort out the differences with him without his public humiliation due to which he suffered mental cruelty.
A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna said that no fruitful purpose would be served in flogging a dead horse and granted divorce to the husband.
Title: INFINITI RETAIL LIMITED vs M/S CROMA -SHARE & ORS
Citation: 2024 LiveLaw (Del) 89
The Delhi High Court has directed the Union Government to permanently block access to three websites which were defrauding people by taking money under the pretext of recruiting them at Tata-owned Croma, the electronics retail store chain.
Justice Sanjeev Narula also ordered permanent suspension and disabling of UPI IDs and mobile numbers in respect of the websites.
Delhi High Court Halts PCA Arbitration Over Arbitrator Appointment Breach
Case Title: Techfab International Pvt Ltd v. MIDIMA Holdings Limited
Citation: 2024 LiveLaw (Del) 90
The High Court of Delhi has stayed a PCA Arbitration between an African and an Indian Entity due to the constitution of the tribunal in violation of the arbitration agreement.
The bench of Justice Anup J. Bhambhani, dealing with a suit seeking anti-arbitration injunction and an application seeking ad-interim injunction, restrained the defendant from proceeding further with the arbitral proceedings in PCA Case No. AA773.
Title: SH. FIROZ AHMAD v. UNION OF INDIA AND OTHERS
Citation: 2024 LiveLaw (Del) 91
The Delhi High Court has dismissed a public interest litigation against the stipulation of an additional qualification and higher merit for being appointed as a Director of an Indian Institute of Management (IIM).
A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora upheld the Centre's recent notification making it mandatory for the applicants to have first-class degrees in both Bachelor's and Master's, along with a Ph.D. or equivalent from a reputed institute, for being appointed to the post.
Title: STARBUCKS CORPORATION & ANR. v. NATIONAL INTERNET EXCHANGE OF INDIA & ORS.
Citation: 2024 LiveLaw (Del) 92
The Delhi High Court has directed Google to suspend URLs of various Google Forms inviting general public to apply for “Starbucks Franchise”. Starbucks does not work on a franchise model in India.
Justice Anish Dayal also said that Starbucks, the multinational chain of coffeehouses, will be at liberty to file an affidavit listing out other similar URLs of Google Forms after which Google may suspend the same.
Title: NEETU GROVER v. UNION OF INDIA & ORS.
Citation: 2024 LiveLaw (Del) 93
The Delhi High Court has upheld the validity of Section 5(v) of the Hindu Marriage Act which states that no marriage can be solemnized between parties who are related to each other as “sapindas”, unless it is sanctioned by usage or custom governing them.
A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora said that if the choice of a partner in a marriage is left unregulated, incestuous relationship may gain legitimacy.
Have Deleted Tweet Disclosing Identity Of Minor Rape Victim: Rahul Gandhi To Delhi High Court
Case Title: Makarand Suresh Mhadlekar v. Rahul Gandhi & Ors.
Citation: 2024 LiveLaw (Del) 94
Congress leader Rahul Gandhi told the Delhi High Court that he has taken down his tweet allegedly disclosing the identity and sensitive details about the minor girl, who was raped and murdered in 2021.
A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora was also informed by the counsel appearing for X, formerly Twitter, that the tweet in question has been deleted by Gandhi.
Accordingly, the bench disposed of a PIL moved by Makarand Suresh Mhadlekar, a social activist, seeking legal action and registration of FIR against Gandhi for allegedly disclosing the identity of the minor victim.
Title: DR. SNEHASHISH BHATTACHARYA & ORS. v. SOUTH ASIAN UNIVERSITY
Citation: 2024 LiveLaw (Del) 95
The Delhi High Court has ruled that the South Asian University is not amenable to the writ jurisdiction under Article 226 of the Constitution of India as it enjoys the status of an international organization having privileges and immunities conferred upon it under various enactments.
Justice Chandra Dhari Singh said that the varsity, being an organization deriving its powers from a 2007 inter-governmental agreement, is an international organization where the Government of India does not hold any control over its functioning, administration and finances despite it being situated in India.
Title: DIRECTORATE GENERAL OF HEALTH SERVICES v. SOM PAN PRODUCT PVT. LTD. and other connected matter
Citation: 2024 LiveLaw (Del) 96
The Delhi High Court today upheld the stay on the show cause notices issued to two companies in 2018 by the Director General of Health Services (DGHS) over the allegations of indulging in surrogate advertisements for promoting their products Dilbagh Pan Masala and Vimal Elaichi.
Justice Dharmesh Sharma dismissed the appeals moved by DGHS against the trial court orders which granted stay on the show cause notices in the suits filed by the companies.
Title: MOHIT PILANIA v. THE STATE GOVT. OF NCT OF DELHI AND ANR.
Citation: 2024 LiveLaw (Del) 97
The Delhi High Court has said that a judicial officer by virtue of being a judge does not waive of the fundamental rights which are available to other citizens, including the social and private rights to look after and stand by his or her family.
“Similarly as an accused cannot be denied justice in case a judicial officer or his family member is a complainant in a criminal case, the judicial officer and his family too cannot be denied justice in case, they are victims, as it will amount to denying fundamental, private and social rights to a judicial officer and his family which are otherwise available to other citizens and persons of the community. Being a judicial officer should not result in denial of justice to him or his family in his individual capacity and be merely dismissed as occupational hazards,” Justice Swarana Kanta Sharma said.
Title: SK v. STATE OF NCT OF DELHI & ORS
Citation: 2024 LiveLaw (Del) 98
The Delhi High Court has imposed of cost of Rs. 25,000 on a husband for seeking registration of a fake rape case against his wife's cousin, alleging that the said cousin raped her. The allegations were denied by the wife.
Justice Anoop Kumar Mendiratta observed that prima facie, the proceedings were initiated by the husband with oblique motives and intention to gain some advantage in the matrimonial proceedings against his wife.
Title: NATIONAL FEDERATION OF THE BLIND v. GOVT. OF NCT OF DELHI AND ORS.
Citation: 2024 LiveLaw (Del) 99
The Delhi High Court has issued a slew of directions to the Delhi Government and its Directorate of Education (DoE) to ensure the smooth functioning, operation and maintenance of seven special schools and hostels in the national capital for visually impaired children.
A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora directed that the DoE shall be responsible for providing hostel facilities to all the students admitted to the Special Schools by ensuring timely and quality food, uniform, clothes, recreation facilities and all facilities required for meeting daily needs of the students.
Title: MANJINDER SINGH SIRSA v. STATE NCT OF DELHI AND ANR.
Citation: 2024 LiveLaw (Del) 100
The Delhi High Court has refused to stay the criminal proceedings against BJP leader Manjinder Singh Sirsa in a criminal defamation case filed by former president of the Delhi Sikh Gurdwara Management Committee, Manjit Singh GK.
Justice Swarana Kanta Sharma upheld the trial court order passed on November 29 last year which upheld the summons issued to Sirsa by an ACMM court.
Title: JAIDEEP SINGH SENGER@ATUL SINGH v. CBI
Citation: 2024 LiveLaw (Del) 101
The Delhi High Court has refused to suspend the sentence of the brother of expelled BJP MLA Kuldeep Singh Senger, convicted for causing the death of the father of the 2018 Unnao rape victim.
Justice Swarana Kanta Sharma dismissed the application moved by Jaideep Singh Senger seeking suspension of his 10-year sentence awarded in March 2020, during the pendency of his appeal against the same.
Title: LEVI STRAUSS AND CO v. NAB PRODUCTIONS PRIVATE LIMITED AND ORS & ORS.
Citation: 2024 LiveLaw (Del) 102
The Delhi High Court has permanently restrained a manufacturing company here from selling denim jeans using a stitching design mark identical and similar to that of Levis Strauss.
Justice Sanjeev Narula decreed the suit filed by Levis Staruss in its favour and permanently restrained the manufacturer, Nab Productions Private Limited, its Directors and Head of Planning and Operations.
Title: X v. Y
Citation: 2024 LiveLaw (Del) 103
The Delhi High Court has observed that a litigant cannot be allowed to take for granted the proceedings initiated by a victim of domestic violence under the Domestic Violence Act, 2005.
“The DV Act was enacted to provide more effective protection to the rights of women granted under the Constitution, who are the victim of violence, of any kind, occurring within the family. The legislature also noting the victimization of the women has provided a mechanism for grant of maintenance to women who are not in a position to maintain themselves. Such proceedings cannot be taken in such a light manner as pleaded by the petitioner,” Justice Amit Mahajan said.
Title: LOTUS HERBALS PRIVATE LIMITED v. DPKA UNIVERSAL CONSUMER VENTURES PRIVATE LIMITED & ORS.
Citation: 2024 LiveLaw (Del) 104
The Delhi High Court has refused to pass an interim injunction order in favour of “Lotus Herbals” in its trademark infringement suit against Bollywood actress Deepika Padukone's self-care brand 82E's “Lotus Splash” gentle face cleanser.
Justice C Hari Shankar observed that the products are completely dissimilar in appearance with a wide difference in the prices and no case of passing off was made as the only common feature between the two marks is the word “lotus”.
Case Title: Arjun Mall Retail Holdings Pvt Ltd v. Gunocen Inc
Citation: 2024 LiveLaw (Del) 105
The High Court of Delhi has held that a party cannot challenge an arbitral award on the ground of the unilateral appointment of the arbitrator if it did not challenge the appointment at an earlier stage.
The bench of Justices Suresh Kumar Kait and Neena Bansal Krishna upheld an arbitral award passed by a unilaterally appointed arbitrator by observing that aggrieved party did not challenge the award at an earlier stage either by filing an application under Section 11(6) or an application under Sections 13&14 of the A&C Act.
A Party Cannot Challenge An Arbitral Award After Receiving Amount Payable Under It: Delhi High Court
Case Title: M/s K.S. Jain Builders v. Indian Railway Welfare Organisation
Citation: 2024 LiveLaw (Del) 106
The High Court of Delhi has held that a party that has received payment in terms of an arbitral award cannot challenge the award with respect to the disallowed claims.
The bench of Justice Sanjeev Narula held that acceptance of payments under the award would estop a party from challenging the award. It held that party after receiving payment cannot repudiate part award detrimental to it.
Case Title: Vingro Developments Pvt Ltd v. Nitya Shree Developers Pvt Ltd
Citation: 2024 LiveLaw (Del) 107
The High Court of Delhi has held that directors of a company cannot be made parties to arbitration through 'Group of Companies' doctrine. It held that the relationship between the company and its director(s) is that of the 'Principal' and 'Agent' as defined under Section 182 of the Indian Contract Act.
The bench of Justice Dinesh Kumar Sharma held that in terms of Section 230 of the Indian Contract Act, the agent cannot be made personally liable for acts carried out on behalf of the principal.
Case Title: Mrs. Vinnu Goel v. Deputy Commissioner of Stamp Registration & Ors
Citation: 2024 LiveLaw (Del) 108
The High Court of Delhi has allowed a writ petition enabling the petitioner to approach the Chief Controlling Revenue Authority to adjudicate/decide on the amount payable on the instrument despite the reference of the dispute arising out of the instrument to arbitration under Section 8 of the A&C Act.
The bench of Justice Subramonium Prasad held that merely because the arbitral tribunal is empowered to carry out the same exercise, it cannot deprive the High Court from entertaining a writ petition to determine if the state has been deprived of the revenue or not.
Title: AJAY KUMAR v. UNION OF INDIA & ORS.
Citation: 2024 LiveLaw (Del) 109
The Delhi High Court has imposed Rs. 10,000 costs on a man who sought gag order against Hindustan Times and Dainik Jagran, claiming that the newspaper reports which mentioned his name will have an adverse effect on the cases filed by him in different forums.
Justice Subramonium Prasad dismissed the plea moved by one Ajay Kumar seeking direction on the two newspapers to conceal his identity while circulating any news or article on him.
Title: ANAJALI PANDEY v. GOVT OF NCT OF DELHI & ANR.
Citation: 2024 LiveLaw (Del) 110
The Delhi High Court has ruled that carrying forward of unfilled EWS or DG vacancies by a school to next class in subsequent year does not infracts or violate the Right to Education Act or any other legal provision.
“Admitting of EWS/DG students to the extent of at least 25% of the strength of its entry level class is the statutory obligation of every school which falls within Section 2(n)(iv) of the RTE Act. If a School defaults, there is nothing illegal in directing it to make up the deficit in the next higher class in the next year,” Justice C Hari Shankar said.
Title: RECKITT BENCKISER INDIA PRIVATE LIMITED v. UNION OF INDIA THROUGH: ITS SECRETARY & ORS.
Citation: 2024 LiveLaw (Del) 111
The Delhi High Court has upheld the provisions concerning anti-profiteering measure and establishment of National Anti-Profiteering Authority (NAA) under the Central Good and Services Tax Act, 2017 and its Rules, observing that they are in the nature of a beneficial legislation as they promote consumer welfare.
A division bench of Acting Chief Justice Manmohan and Justice Dinesh Kumar Sharma upheld the constitutional validity of Section 171 of the Central Good and Services Tax Act, 2017 and Rules 122, 124, 126, 127, 129, 133 and 134 of Rules of 2017.
Delhi High Court Dismisses PIL To Include Ayurveda, Yoga In Ayushman Bharat PMJAY Scheme
Title: ASHWINI KUMAR UPADHYAY v. UNION OF INDIA & OTHERS
Citation: 2024 LiveLaw (Del) 112
The Delhi High Court has dismissed public interest litigation seeking inclusion of Ayurveda, Yoga and Naturopathy in Union Government's public health insurance scheme Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (PM-JAY).
A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora rejected the plea filed by BJP leader and Advocate Ashwini Kumar Upadhyay in default due to non-prosecution.
Title: Sharjeel Imam v. State
Citation: 2024 LiveLaw (Del) 113
The Delhi High Court has directed a trial court here to decide and pronounce judgment by February 17 an application moved by Sharjeel Imam seeking statutory bail for having undergone one half of the maximum seven years punishment in a UAPA and sedition case.
The case relates to the alleged inflammatory speeches made by him in Aligarh Muslim University and Jamia area in the national capital against the Citizenship Amendment Act.
Title: R K KAPOOR, ADVOCATE v. THE HIGH COURT OF DELHI & ORS.
Citation: 2024 LiveLaw (Del) 114
The Delhi High Court has said that the working strength in the Delhi Judicial Service shall be “nearly at par with the sanctioned strength” by the end of this year.
A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora disposed of a PIL filed by Advocate RK Kapoor in 2014 seeking advertising of all the vacancies which were existing then in the lower judiciary.
Delhi High Court Orders Commencement Of Operation Of 'Lokshahi Marathi' News Channel
Title: ZORA TRADERS LIMITED & ORS v. UNION OF INDIA & ANR
Citation: 2024 LiveLaw (Del) 115
The Delhi High Court has directed the Union Government to permit the proprietors of “Lokshahi Marathi” to commence the operation of the news channel forthwith.
Justice Subramonium Prasad observed that the proprietors had taken steps to rectify the defects pointed out by the Union Government and thus, are entitled to run the channel.
Title: KAMAL KANT AND COMPANY LLP v. RAASHEE FRAGRANCES INDIA PVT LTD
Citation: 2024 LiveLaw (Del) 116
The Delhi High Court has restrained a manufacturer from using “Raashee” mark in respect of pan masala, mouth freshners and other chewing tobacco products in a trademark infringement suit filed by “Rajshree” Pan Masala.
Justice Prathiba M Singh said that the manufacturer will, however, be free to use the two proposed marks, मेरी राशी and My Raashee, so long as they are used in a manner that the words 'My' or 'मेरी' are of the same font, colour and size as the word 'Raashee'.
Title: Mohammad Hamim & Anr. v. Facebook India Online Services Pvt. Ltd. & Ors.
Citation: 2024 LiveLaw (Del) 117
The Delhi High Court has refused to pass an order directing the Union Government to restrain Facebook India from allegedly promoting “hateful and harmful content” against the Rohingya community on the social media platform.
A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora said that the suggestion that there should be prior censorship of any publication on Rohingyas on Facebook is an example of “a treatment that is worse than the disease.”