Delhi High Court Weekly Round Up: February 26 To March 03, 2024

NOMINAL INDEX

Court Cannot Determine Admissibility, Relevancy, Materiality, And Weight Of Any Evidence Under Section 27 of A&C: Delhi High Court

Case Title: Steel Authority Of India Ltd vs Uniper Global Commodities.

Citation: 2024 LiveLaw (Del) 213

The Delhi High Court single bench of Justice Sachin Datta held that the court under Section 27 of the Arbitration and Conciliation Act, 1996 cannot determine the admissibility, relevancy, materiality, and weight of any evidence, as doing so would amount to impermissible interference with the Tribunal's proceedings.

Minor's Rape Case: High Court Denies Default Bail To Delhi Govt's Suspended Women & Child Department Officer, Wife

Title: Premoday Khakha v. State and other connected matter

Citation: 2024 LiveLaw (Del) 214

The Delhi High Court on Monday denied default bail to Delhi Government's suspended Women and Child Development Department officer Premoday Khakha, accused of raping a minor girl over several months and impregnating her. Court also denied relief to Khakha's wife.

'No Different From You Or Me': Delhi High Court Calls For Using Term 'Differently Abled' For Persons With Disabilities

Title: SANJEEV KUMAR MISHRA v. JAWAHARLAL NEHRU UNIVERSITY & ORS.

Citation: 2024 LiveLaw (Del) 215

Observing that those who suffer from disabilities as recognized by the Rights of Persons with Disabilities (RPwD) Act, 2016, are no different from anyone, the Delhi High Court has said that the more appropriate term to use for such persons would be “differently abled” rather than “disabled”.

“The RPWD Act, and all laws which strive to provide support to a person suffering from a disability, merely seek to neutralize the disability, so that the person's ability matches those of the rest of his peers, and they stand on an equal footing. This is the heart of the theory of equal opportunity, which pervades Article 14 and, indeed, the Constitution as a whole,” Justice C Hari Shankar said.

CBSE Has No Right To Stop Student From Entering Exam Hall After Issuing Admit Card, Expected To Be Vigilant: Delhi High Court

Title: MS. KANISHKA (THROUGH MRS. SANTOSH (MOTHER) v. CENTRAL BOARD OF SECONDARY EDUCATION & ORS

Citation: 2024 LiveLaw (Del) 216

The Delhi High Court observed that the Central Board of Secondary Examination (CBSE) is expected to be vigilant regarding the entitlement of the students to appear in the examination.

Justice C Hari Shankar said that the CBSE has no right to stop a student from entering the examination hall, after issuing admit card.

Subscription To Legal Database Can't Be Construed Transfer Of Copyright, Subscription Fee Is Not Royalty: Delhi High Court

Case Title: The Commissioner Of Income Tax - International Taxation -3 Versus Relx Inc

Citation: 2024 LiveLaw (Del) 217

The Delhi High Court has held that subscription to legal databases cannot be construed as a transfer of copyright.

The bench of Justice Yashwant Varma and Justice Purushaindra Kumar Kaurav has observed that the subscription fees of the legal database LexisNex piad by an Indian subscriber neither comprise a transfer of copyright nor do they include a transfer of a right to apply technology and other related aspects, which are spoken of in Article 12(4)(b) of the DTAA.

Fill Vacancies In Child Welfare Committees & Juvenile Justice Boards By April 15: High Court To Delhi Govt

Title: COURT ON ITS OWN MOTION v. GOVT. OF NCT OF DELHI AND ORS.

Citation: 2024 LiveLaw (Del) 218

The Delhi High Court has directed the Delhi Government to complete the formalities of the selection process for filling vacancies in all the Child Welfare Committees (CWCs) and Juvenile Justice Boards (JJBs) in the national capital by April 15.

CISF Personnel Can Be Deployed Anywhere In India Or Abroad As Per Requirements; Operational Exigencies Can't Be Sidelined: Delhi High Court

Title: ALI MOHAMMED v. DG, CISF AND ORS.

Citation: 2024 LiveLaw (Del) 219

The Delhi High Court has said that Central Industrial Security Force (CISF) personnel can be deployed anywhere in India or abroad as per operational requirements and the administrative or operational exigencies can never be sidelined or disregarded.

'Charity Begins At Home': Delhi HC Holds Sikh Gurdwara Management Committee's Top Officials In Contempt Over Non-Payment Of Teachers' Salaries

Title: MRS TEJINDER PAL GUJRAL v. S MANJINDER SINGH SIRSA & ORS. and other connected matters

Citation: 2024 LiveLaw (Del) 220

The Delhi High Court has found the President and General Secretary of Delhi Sikh Gurdwara Management Committee guilty of intentionally not complying with a 2021 ruling that ordered payment of arrears of salaries to teachers and staff of Guru Harkrishan Public School (GHPS), in view of fixation of their pay under the 6th and 7th Pay Commission.

Party Providing Wrong Address During Proceedings Cannot Argue Incorrect Arbitration Notice U/s 21 A&C: Delhi High Court

Case Title: Devender Kumar Kashyap vs Chander Muni.

Citation: 2024 LiveLaw (Del) 221

The Delhi High Court single bench of Justice Rekha Palli held that when a party provides its incorrect address in proceedings cannot be permitted to urge that the invocation notice of arbitration under Section 21 of the Arbitration and Conciliation Act, 1996 was not served at the correct address.

Concealing Income To Avoid Paying Maintenance Or Claim Exorbitant Amount In Matrimonial Cases Is Unfortunate: Delhi High Court

Title: X v. Y

Citation: 2024 LiveLaw (Del) 222

The Delhi High Court has said that it is unfortunate that in matrimonial litigations, the parties do not come out with their true income.

“Effort is always made to conceal the true income by the husband in order to avoid payment of maintenance to the wife and the child. On the other hand, effort is made by the wife to claim exorbitant amount as the income of the husband,”Justice Navin Chawla said.

High Court Rejects Plea Challenging Mandatory Registration Of Allopathy Practitioners With Delhi Medical Council

Title: DR NAMIT GUPTA v. DELHI MEDICAL COUNCIL AND ANR

Citation: 2024 LiveLaw (Del) 223

The Delhi High Court has dismissed a PIL challenging a notice issued by the Delhi Medical Council (DMC) directing any person practicing allopathy, the modern scientific system of medicine, in the national capital to be mandatorily registered with it, as per the Delhi Medical Council Act, 1997.

Delhi High Court Quashes SCN & Order Lacking Reasons For Retrospective Cancellation Of GST Registration

Case Title: Apshara Garments Pvt. Ltd Versus Commissioner Of Delhi Goods And Service Tax

Citation: 2024 LiveLaw (Del) 224

The Delhi High Court has quashed the show cause notice, which was lacking reasons for retrospective cancellation of GST registration.

Delhi High Court Grants Dynamic Injunction Restraining Rogue Websites From Illegally Streaming 'Copyrighted Content' Of STAR Channels, Hotstar

Title: STAR INDIA PRIVATE LIMITED v. TERIIMERIDOORIYAN.COM & ORS.

Citation: 2024 LiveLaw (Del) 225

The Delhi High Court has granted a dynamic injunction in favour of Star India as it restrained 21 rogue websites from illegally streaming its content, including TV shows and movies broadcasted on STAR channels and OTT platform Disney+ Hotstar.

Application Under Section 29(A) A&C Act Doesn't Constitute Express Waiver In Writing U/s 12(5) To Challenge Arbitrator's Ineligibility: Delhi High Court

Case Title: Umaxe Projects Private Limited vs Air Force Naval Housing Board

Citation: 2024 LiveLaw (Del) 226

The Delhi High Court single bench of Justice Manoj Kumar Ohri held that filing of the Section 29(A) application by a party did not amount to a waiver of its right to challenge the arbitrator's ineligibility under Section 12(5) of the Arbitration and Conciliation Act, 1996. The bench held that filing an application under Section 29A of the Arbitration Act for an extension of the mandate did not amount to an express waiver in writing under Section 12(5).

Delhi High Court Orders Third-Party Audit Of MCD, DDA Public Toilets

Title: Jan Seva Welfare Society (Reg.) v. Union of India and Ors.

Citation: 2024 LiveLaw (Del) 227

The Delhi High Court directed the Municipal Corporation of Delhi (MCD), Delhi Development Authority (DDA), and North Delhi Municipal Corporation (NDMC) to get an audit done from a Union Government empanelled third-party auditor.

A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora was hearing a public interest litigation filed by Jan Sewa Welfare Society to ensure the availability of hygienic public urinals with clean water and electricity supply in the city.

“Purely A Govt Function": Delhi High Court Refuses To Order Opening Of 24 Hours PAN India Doordarshan Channel For Sindhi Community

Title: ASHA CHAND v. UNION OF INDIA AND ANR.

Citation: 2024 LiveLaw (Del) 228

The Delhi High Court has refused to direct the Union Government and Doordarshan to open a new 24 hours PAN India Doordarshan channel for the Sindhi Community, observing that it is purely a governmental function.

S.8 UAPA | Intent Of Notifying Place 'Used For Unlawful Association' Is Not To Seize Properties Of Innocent Owners: Delhi High Court

Title: MOHD ARIF ANSARI v. STATE OF GOVT. OF NCT OF DELHI AND ORS.

Citation: 2024 LiveLaw (Del) 229

The Delhi High Court has recently observed that the intent of notifying a place under Section 8 of the Unlawful Activities (Prevention) Act, 1967, is to ensure that it is not used for unlawful activities and is not to seize properties of innocent owners who are neither members of the unlawful association nor involved in unlawful activities.

Take Steps To Fill Vacancies In Municipal Taxation Tribunal: High Court To Delhi Govt

Title: DEEPAK SEHGAL v. MUNICIPAL CORPORATION OF DELHI & ANR.

Citation: 2024 LiveLaw (Del) 230

The Delhi High Court has directed the Delhi Government to fill up the vacancies in the Municipal Taxation Tribunal and ensure that it is in place.

“It is hoped and expected that expeditious steps shall be taken in this regard,” Justice Sachin Datta said in an order passed on February 14.

Section 37 Of NDPS Act Doesn't Fetter Grant Of Bail On Ground Of Undue Delay In Completion Of Trial: Delhi High Court

Title: VISHWAJEET SINGH v. STATE (NCT OF DELHI) and other connected matter

Citation: 2024 LiveLaw (Del) 231

The Delhi High Court ruled that Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, does not fetter grant of bail to an accused on the ground of undue delay in the completion of trial.

Cordelia Cruise Case: Delhi High Court Modifies CAT Order, Sets Aside Direction To Pass Speaking Order Before Initiating Action Against Sameer Wankhede

Title: UNION OF INDIA & ORS v. SAMEER DNYANDEV WANKHEDE & ORS.

Citation: 2024 LiveLaw (Del) 232

Modifying an order passed by the Central Administrative Tribunal (CAT) in August last year, the Delhi High Court has set aside the direction of passing a reasoned and speaking order before any action is initiated against Sameer Wankhede on the basis of an enquiry report in relation to the Cordelia cruise drugs case, after granting a personal hearing to him.

Delhi High Court Dismisses Plea Challenging Normalization Procedure Based On Percentile Score Adopted For JEE Mains

Title: SETU VINIT GOENKA v. NATIONAL TESTING AGENCY & ANR.

Citation: 2024 LiveLaw (Del) 233

The Delhi High Court has rejected a plea challenging the normalization procedure based on percentile score adopted by the National Testing Agency (NTA) for JEE (Mains) examination for entrance into the various Indian Institutes of Technology (IITs).

Smriti Irani v Congress Leaders: Delhi High Court Modifies Injunction Order On Taking Down Of Content By Social Media Intermediaries

Case Title: Smriti Irani v. Pawan Khera & Ors.

Citation: 2024 LiveLaw (Del) 234

The Delhi High Court modified an interim injunction order passed in 2022 in favour of Union Minister Smriti Irani in her defamation case against three Congress leaders, on the aspect of taking down of content by social media intermediaries.

SCBA Meeting On Nomination Of Women Advocates As Executive Members Will Be Conducted Within Two Months: Delhi High Court Told

Title: MS. YOGAMAYA M.G. v. SUPREME COURT BAR ASSOCIATION REPRESENTED BY ITS PRESIDENT

Citation: 2024 LiveLaw (Del) 235

The Delhi High Court was told that the General Body Meeting of the Supreme Court Bar Association (SCBA) to discuss the aspect of nomination of women advocates as its Executive Members will be conducted within two months.

'Can't Reorganize State Boundaries': Delhi High Court Rejects PIL To Merge North Indian Cities, Shift Punjab's High Court

Title: J.P. SINGH v. UNION OF INDIA AND ORS

Citation: 2024 LiveLaw (Del) 236

The Delhi High Court rejected a public interest litigation (PIL) seeking merger of various cities in North India with the national capital, and shifting Punjab's High Court to Jalandhar instead of Chandigarh.

Delhi High Court Rejects ArcelorMittal's Plea Seeking Approval To Commence Mining Operations In Jharkhand's Saranda Forest Division

Title: ARCELORMITTAL INDIA PRIVATE LIMITED & ANR. v. UNION OF INDIA & ORS.

Citation: 2024 LiveLaw (Del) 237

The Delhi High Court dismissed a plea moved by ArcelorMittal seeking approval and clearance to commence mining operations in Jharkhand's Saranda Forest Division.

Delhi High Court Discharges Former DHCBA President Rajiv Khosla In Criminal Contempt Case By Former Judge

Title: MS. SUJATA KOHLI v. RAJIV KHOSLA

Citation: 2024 LiveLaw (Del) 238

The Delhi High Court has discharged Rajiv Khosla, lawyer and former High Court Bar Association President Rajiv Khosla, in the contempt case filed by retired judicial officer Sujata Kohli.

A division bench of Justice Suresh Kumar Kait and Justice Manoj Jain observed that Kohli was not able to produce any material which may compel the court to form an opinion that Khosla committed any criminal contempt.