Delhi High Court Monthly Digest: December 2024 [Citations 1305 - 1394]

Case Title: DELHIVERY LIMITED versus STERNE INDIA PRIVATE LIMITED

Citation: 2024 LiveLaw (Del) 1305

The Delhi High Court Bench of Justice Sachin Datta has held that where exclusive jurisdiction has been conferred on a court with respect to matters relating to arbitration, the same shall be construed to be a clear 'contrary indicia' and that the court, upon which exclusive jurisdiction has been conferred, would be the juridical seat of arbitration.

Regional Director Under Companies Act Has No Jurisdiction To Decide Ownership Of Trademark: Delhi High Court In Plea By 'Panchhi Petha'

Case title: Panchhi Petha Store vs. Union Of India & Ors

Citation: 2024 LiveLaw (Del) 1306

The Delhi High Court has observed that a Regional Director under the Companies Act when deciding an application under Section 16 of the Companies Act, 2013, has no authority to determine the ownership of a trademark.

Court Which Appointed Arbitrator Has Jurisdiction To Substitute Arbitrator Or Extend Time U/S 29 Of Arbitration Act: Delhi High Court

Case Title: OVINGTON FINANCE PVT. LTD. versus BINDIYA NAGAR

Citation: 2024 LiveLaw (Del) 1307

The Delhi High Court Bench of Justice Subramonium Prasad held that the term "Court" under Section 29A must mean only to be the Court which has appointed the arbitrator and therefore the Court to extend the time or substitute the arbitrator would only be the Court which has appointed the arbitrator and no other Court.

GST Department Not Empowered To Issue Notices In Name Of Non-Existent Entity Post Amalgamation: Delhi High Court

Case title: HCL Infosystems Ltd. v. Commissioner Of State Tax & Anr.

Citation: 2024 LiveLaw (Del) 1308

The Delhi High Court has made it clear that neither Section 160 nor Section 87 of the Central Goods and Services Tax Act, 2017 enable the Department to issue notice in the name of an entity which ceased to exist post amalgamation.

Delhi HC Allows Invocation Of Arbitration Clause After 10 Yrs, Says That Scope Of S.11(6) Plea Is Limited To Ascertaining Existence Of Agreement

Case Title: SHRI KR ANAND v. NEW DELHI MUNICIPAL COUNCIL

Citation: 2024 LiveLaw (Del) 1309

The Delhi High Court Bench of Justice Sachin Datta has held that the scope of the present proceedings is confined to ascertaining the existence of the arbitration agreement. Also, the objections raised by the respondent regarding the limitation/jurisdiction would be required to be considered by a duly constituted arbitral tribunal.

Delhi High Court Issues Ex-Parte Ad Interim Injunction To Protect Personality Rights Of Renowned Cardiac Surgeon Dr Devi Shetty

Case title: Dr Devi Prasad Shetty & Anr. vs. Medicine Me & Ors.

Citation: 2024 LiveLaw (Del) 1310

The Delhi High Court has issued a temporary injunction to protect the personality rights of a well-known cardiac surgeon and chairman of Narayana Hrudayalaya Ltd Dr. Devi Prasad Shetty.

'Nation's Harmony Not So Fragile': Delhi HC Grants Interim Protection To Human Rights Activist Nadeem Khan Booked For 'Promoting Enmity'

Title: Nadeem Khan v. State and other connected matter

Citation: 2024 LiveLaw (Del) 1311

The Delhi High Court has granted interim protection from arrest to human rights activist Nadeem Khan who has been booked by the Delhi Police on the charges of promoting enmity and criminal conspiracy after a video went viral on social media.

Supreme Court Judgment In 'Arvind Kejriwal' Requiring ED To Supply 'Reasons To Believe' To Arrestee Cannot Apply Retrospectively: Delhi HC

Title: ARVIND DHAM v. UNION OF INDIA & ORS.

Citation: 2024 LiveLaw (Del) 1312

The Delhi High Court has held that the condition of supplying the “reasons to believe” by ED to a person arrested under PMLA as a separate document as per Supreme Court's ruling in Arvind Kejriwal case ought to be applied prospectively.

"Personal Jewellery" Of Person Coming To India Not Subjected To Customs Duty: Delhi High Court

Case title: Saba Simran vs. Union of India & Ors.

Citation: 2024 LiveLaw (Del) 1313

The Delhi High Court recently granted relief to a woman whose over 200 gm gold jewellery was confiscated by the Customs on her return from Dubai.

Ambiguity In Court's Order Absolute Defence To Contempt Action: Delhi High Court

Case title: Viterra B.V. vs. Sharp Corp Limited

Citation: 2024 LiveLaw (Del) 1314

The Delhi High Court has observed that in cases of contempt of court, if the court's order or directions are unclear, this can serve as an absolute defence against a contempt action. It stated that the court's directives in relation to which breach or disobedience is alleged should be “clear and unequivocal.”

Collecting Funds In Illegal Way To Commit Scheduled Offence In Future Is Not 'Money Laundering' Under PMLA: Delhi High Court

Title: PARVEZ AHMED v. ED and other connected matters

Citation: 2024 LiveLaw (Del) 1315

The Delhi High Court has held that collection of funds in an illegal way to commit a scheduled offence in future is not an offence of money laundering under Prevention of Money Laundering Act.

Delhi High Court Rejects PIL Seeking Comprehensive Probe Into Navjot Singh Sidhu's Cancer Cure Claims

Title: DIVYA RANA v. UNION OF INDIA AND ORS

Citation: 2024 LiveLaw (Del) 1316

The Delhi High Court has dismissed a PIL seeking comprehensive and scientifically rigorous investigation into the claims of Congress leader Navjot Singh Sidhu that his wife's Stage 4 cancer was treated through a specific diet plan and Ayurveda.

Expansive Interpretation Of “Last Pay Drawn”; Term Includes CPF Contributions: Delhi High Court

Title: Narinder Paul v. Chief Secretary & Ors.

Citation: 2024 LiveLaw (Del) 1317

A Single Judge Bench of Justice Dharmesh Sharma found the Chief Secretary of GNCTD to be in contempt for not complying with court orders regarding certain Contributory Provident Fund (CPF) contributions. These CPF contributions were for judicial members of the State Consumer Disputes Redressal Commission (SCDRC).

Disturbing Trend Of Exploiting Social Media Platforms To Commit Sexual Crimes Against Minors: Delhi High Court

Title: SAIFUL KHAN v. STATE & ANR.

Citation: 2024 LiveLaw (Del) 1318

While denying anticipatory bail to a man in a POCSO case, the Delhi High Court has taken note of the “disturbing trend” of exploiting the anonymity and reach of social media platforms to perpetrate sexual crimes against minors.

Compensation Received Under SC/ST Rules Must Be Returned If FIR Quashed Due To Settlement: Delhi High Court

Title: BALBIR MEENA v. STATE (NCT OF DELHI) AND ORS

Citation: 2024 LiveLaw (Del) 1319

The Delhi High Court has recently ruled that any compensation received under the SC/ST Rules should be returned when the legal proceedings are discontinued due to a settlement.

Foreign National Wearing Personal Jewellery To India Not Subject To Import Duty: Delhi High Court

Case title: Luvleen Maingi v. UoI

Citation: 2024 LiveLaw (Del) 1320

The Delhi High Court has held that the jewellery worn to India by a foreign national is not subject to customs duty.

A division bench of Justices Yashwant Varma and Ravinder Dudeja thus declared as illegal the action of the Customs Department, confiscating a Thai national's gold chain and kara.

Delhi Riots: High Court Quashes FIR Against Tahir Hussain, Orders Chargesheet To Be Treated As Supplementary Chargesheet In Similar FIR

Title: TAHIR HUSSAIN v. STATE OF NCT DELHI & ANR.

Citation: 2024 LiveLaw (Del) 1321

The Delhi High Court has recently quashed an FIR registered against former Aam Aadmi Party Councillor Tahir Hussain in connection with the North-East Delhi riots of 2020.

Convict Without 'Permanent Residential Address In Delhi' Not Barred From Getting Furlough: High Court

Title: RAMINDER SINGH @ HAPPY v. STATE NCT OF DELHI

Citation: 2024 LiveLaw (Del) 1322

The Delhi High Court has recently ruled that a convict without a permanent residential address in the national capital cannot be barred from being granted furlough.

Unnao Rape Case: Delhi High Court Grants Interim Bail To Kuldeep Singh Sengar On Medical Grounds

Title: Kuldeep Singh Senger v. CBI

Citation: 2024 LiveLaw (Del) 1323

The Delhi High Court has granted two weeks of interim bail on media grounds to expelled BJP MLA Kuldeep Singh Sengar, who was convicted and sentenced to life imprisonment in Unnao rape case.

Trademark Infringement: Delhi High Court Issues Permanent Injunction In Favour Of Tobacco Company Which Owns 'Marlboro' Cigarettes

Case title: Philip Morris Brands Sarl vs.M/S Rahul Pan Shop & Ors.

Citation: 2024 LiveLaw (Del) 1324

The Delhi High Court has issued permanent injunction in favour of Philip Morris Brands SARL, an American tobacco company, against trademark and copyright infringement of its cigarette packs.

Delhi High Court Allows Disbursement Of Funds To NSFs For Participation In Events, Training Sportspersons

Title: Rahul Mehra v. Union of India

Citation: 2024 LiveLaw (Del) 1325

The Delhi High Court has allowed the Union Government to disburse funds to the National Sports Federations (NSFs) for participation of Indian sportspersons in international events, conduct of national and international events here, training and preparation of athletes.

Delhi HC Awards ₹14 Lakh Costs To 'New Balance' In Trademark Infringement Suit Against Website Selling Counterfeit Products

Title: NEW BALANCE ATHLETICS INC. v. ASHOK KUMAR & ORS.

Citation: 2024 LiveLaw (Del) 1326

The Delhi High Court has recently awarded more than Rs. 14 lakh as costs to sports footwear and apparel brand “New Balance” in a trademark infringement suit filed by it against a rogue website selling counterfeit products.

Delhi High Court Issues Interim Stay Order Against Registration Of “JACK DANIEL'S” Trademark By Another Business Entity

Case title: Jack Daniels Properties, Inc. vs. M/S Manglam Krupa & Anr.

Citation: 2024 LiveLaw (Del) 1327

In an interim order granted in favour of well known alcohol brand Jack Daniels Properties Inc., the Delhi High Court stayed the registration of the brand's trademark “JACK DANIEL'S” by another entity.

Litigant's Conduct Trying To Protract Proceedings In Industrial Disputes Must Be Deprecated: Delhi High Court Imposes ₹20K Cost On Hospital

Case Title: R B SETH JESSA RAM HOSPITAL BROS v. R B SETH JESSA RAM HOSPITAL WORKMEN UNION

Citation: 2024 LiveLaw (Del) 1328

The Delhi High Court has recently deprecated the conduct of litigants trying to protract proceedings in industrial disputes which involve “extreme disparity of resources available to the rival litigants.”

Laying Down Optical Fibre Cables To Enhance Communication Network For Defence Forces Is Exempt From Service Tax: Delhi High Court

Case title: Telecommunications Consultants India Limited v. UoI & Ors.

Citation: 2024 LiveLaw (Del) 1329

The Delhi High Court recently declared that Telecommunications Consultants India Limited, a central public sector undertaking which secured a Project floated by BSNL for laying down Optical Fibre Cable Network, is exempt from service tax since the service is in the nature of setting up a civil infrastructure so as to benefit the defence forces in having a better communication network.

Foreign Law Degree Holders Have To Pass BCI's Qualifying Exam To Practice In India, Even If They Have Cleared Bridge Course: Delhi HC

Case title: MEHAK OBEROI v/s BAR COUNCIL OF INDIA & ORS.

Citation: 2024 LiveLaw (Del) 1330

The Delhi High Court has rejected a challenge to the Bar Council of India's (BCI) 2024 notification requiring Indian citizens with foreign law degrees to take a qualifying examination to be eligible for enrolment in India.

Delhi High Court Quashes Rape FIR Citing Misuse Of Section 376 IPC, Says It's Used As Weapon By Some To Unnecessarily Harass Males

Title: SURAJ PARKASH v. STATE (NCT OF DELHI) & ANR.

Citation: 2024 LiveLaw (Del) 1331

The Delhi High Court has recently quashed a rape FIR against a man citing misuse of Section 376 of Indian Penal Code, 1860, observing that it was a classic example of how an innocent person had faced undue hardships due to misuse of the penal provision.

'No Distinction Between Pro Rata Pension And Pension', Delhi High Court Condones Delay For Shortfall In Qualifying Service

Case Title: SANTOSH KUMAR SAHU vs. UNION OF INDIA & ORS

Citation: 2024 LiveLaw (Del) 1332

A Division Bench of Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur observed in a Petition seeking pro rata pension after voluntarily discharging from services in the Indian Air Force.

'Disability Pension Can't Be Denied Merely Because Officer Was Posted At Peace Station Later', Delhi High Court

Case Title: UNION OF INDIA & ORS. versus COLONEL BK CHHIMWAL RETIRED IC 390431

Citation: 2024 LiveLaw (Del) 1333

A Division Bench of Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur while dismissing a Petition observed that the disability element of Pension could not be denied to the Respondent merely on the grounds that the Respondent was posted at a peace area.

Delhi High Court Sets Aside Claim Of Rs.15 Lakh Awarded By Arbitral Tribunal Due To Lack Of Evidence

Case Title: MOHD AMIN DECEASED THROUGH LRS versus MOHD IQBAL DECEASED THROUGH LRS

Citation: 2024 LiveLaw (Del) 1334

The Delhi High Court Bench of Justice Vibhu Bakhru and Justice Sachin Datta held that after persuading the Supreme Court to refer the disputes to arbitration, it is not open for the appellant to now question the validity of the reference.

Delhi High Court Appoints Sole Arbitrator In Gas Supply Dispute, Invalidates Previous Arbitration Clause In View Of CORE Judgment

Case Title: INDRAPRASTHA GAS LIMITED vs. M/S CHINTAMANI FOOD AND SNACKS

Citation: 2024 LiveLaw (Del) 1335

The Delhi High Court bench of Justice Sachin Datta has observed that the arbitration agreement which contemplated the appointment of the sole Arbitrator to be made out of a panel of three persons chosen by the petitioner was no longer valid in view of the judgment of the Supreme Court in Central Organisation for Railway Electrification Vs. ECI SPIC SMO MCML (JV) A Joint Venture Company.

[Arbitration Act] S.2(1)(f) Is Non-Derogable, Applicability Cannot Be Excluded Even By Mutual Consent Of Parties: Delhi High Court

Case Title: Suresh Shah versus Tata Consultancy Services Limited

Citation: 2024 LiveLaw (Del) 1336

The Delhi High Court bench of Justice Neena Bansal Krishna has held that section 2(1)(f) of the Arbitration Act which defined the International Commercial Arbitration is a non derogable provision and its applicability cannot be excluded even by mutual consent of the parties.

Death Of Unnao Rape Victim's Father: Delhi High Court Grants Interim Bail To Kuldeep Sengar On Medical Grounds

Case Title: Kuldeep Singh Sengar v. CBI

Citation: 2024 LiveLaw (Del) 1337

The Delhi High Court on Tuesday (December 10) granted interim bail on medical grounds to expelled BJP leader Kuldeep Singh Sengar in the custodial death case of Unnao rape victim's father.

'Candidates Must Be Given Appropriate And Correct Reasons Behind Their Rejection To Any Post', Delhi High Court

Case Title: SANDEEP KUMAR SINGH versus UNION OF INDIA & ANR

Citation: 2024 LiveLaw (Del) 1338

A Division Bench of Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur observed that while rejecting the appointment of the Petitioner, the Respondents should have conveyed the correct reason i.e., falling in the last priority in the Priority List instead of informing him that he had failed in the written examination.

'Petitioner's Voluntary Retirement Could Not Be Cancelled After Being Accepted By Respondents Once', Delhi High Court

Case Title: BAIKUNTHA NATH DAS versus UNION OF INDIA AND ORS

Citation: 2024 LiveLaw (Del) 1339

A Division Bench of Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur observed that the Petitioner's voluntary retirement could not have been cancelled after it was accepted in the first place.

Will Cooperate And Continue To Participate In Delhi Police's Investigation: Activist Nadeem Khan To High Court

Title: MOHAMMAD WASIQ NADEEM KHAN v. STATE OF NCT OF DELHI & ANR.

Citation: 2024 LiveLaw (Del) 1340

Human rights activist Nadeem Khan told the Delhi High Court that he will cooperate and continue to participate in Delhi Police's investigation against him in the case alleging that he promoted enmity and hatred.

The court disposed of the pleas filed by Khan and Protection of Civil Rights (APCR) seeking quashing of the FIR registered against the former on November 30. Khan is the National Secretary of the organisation.

Delhi High Court Refuses To Entertain PIL Alleging Sexual Harassment Of Women In Indian Film Industry

Title: AJEESH KALATHIL GOPI v. UNION OF INDIA & ORS

Citation: 2024 LiveLaw (Del) 1341

The Delhi High Court has refused to entertain a public interest litigation (PIL) raising allegations of sexual harassment of women in the Indian film industry.

Delhi High Court Passes John Doe Order Against Extortion Threat Of Leaking Niva Bupa Insurance Company's Customer Data

Case title: Niva Bupa Health Insurance Company Ltd. vs. Telegram Fz-Llc & Ors.

Citation: 2024 LiveLaw (Del) 1342

The Delhi High Court has issued a temporary injunction in favour of Niva Bupa insurance company, restraining unknown defendants from publishing, distributing or disclosing its customers' personal data in a ransomware extortion threat that sought to leak the confidential data.

Delhi High Court Rejects Woman's Plea Claiming To Be Heir Of Bahadur Shah Zafar II, Seeking Possession Of Red Fort

Case Title: SULTANA BEGUM v. UNION OF INDIA & OTHERS

Citation: 2024 LiveLaw (Del) 1343

The Delhi High Court has dismissed a plea filed by one Sultana Begum, seeking possession of Red Fort, claiming herself to be the widow of the great grandson of the last Mughal emperor Bahadur Shah Zafar II.

Error In Order Passed By Court In Arbitration Proceeding Can Be Corrected Under Sections 152, 153 Of CPC: Delhi High Court

Case Title: ADO INDIA PVT. LTD. versus ATS HOUSING PRIVATE LIMITED

Citation: 2024 LiveLaw (Del) 1344

The Delhi High Court bench of Justice Chandra Dhari Singh has held that any error in an order passed by the court in the Arbitration Proceedings can be corrected under sections 152 and 153 of the CPC provided prejudice is not caused to the other party.

'Leave Encashment Can't Be Denied Merely Because Chargesheet Was Filed Against Petitioner': Delhi High Court

Case Title: PROF SACHIDANAND SINHA versus JAWAHARLAL NEHRU UNIVERSITY

Citation: 2024 LiveLaw (Del) 1345

A Single Judge Bench of the Delhi High Court comprising Justice Jyoti Singh held that as per the CCS (Leave) Rules, 1972, the Petitioner could not be denied the grant of Leave Encashment under Rule 39(3) of the said Rules.

Delhi High Court Disallows Income Tax Dept From Adjusting Stayed Demand Towards Previous Refund Due To Nokia

Case title: Nokia Solutions And Networks India Pvt. Ltd v. Joint Commissioner Of Income Tax, & Ors.

Citation: 2024 LiveLaw (Del) 1346

Granting relief to telecom equipment company Nokia, the Delhi High Court disallowed the Income Tax Department from adjusting the outstanding demand raised against the company, towards a previous refund due to it.

Delhi High Court Closes Sanjay Hegde's Plea To Restore Twitter Account And Issue Guidelines On Censorship On Social Media

Title: SANJAY R HEGDE v. THE MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY AND ANR

Citation: 2024 LiveLaw (Del) 1347

The Delhi High Court has recently closed the plea filed by Senior Advocate Sanjay Hegde to restore his suspended twitter account, after it was reinstated in January last year.

'Employee Is Entitled To Medical Reimbursement In Case Of Emergency Even If Hospital Isn't Empanelled Under Any Scheme', Delhi High Court

Case Title: SEEMA MEHTA versus GNCT OF DELHI AND ORS

Citation: 2024 LiveLaw (Del) 1348

A Single Judge Bench of the Delhi High Court comprising Justice Jyoti Singh held that the Petitioner was entitled to claim medical reimbursement even if the hospital was not the one empanelled under CGHS in case the admission to such hospital was done during an emergency. The Bench held that the Petitioner could not be denied reimbursement as she was severely injured and could not approach the hospitals empanelled under the scheme.

Delhi High Court Orders Implementation Of 'Avlamban Fund Scheme' With ₹10 Crore Corpus To Compensate Acid Attack Victims

Title: PREETI v. STATE & ANR.

Citation: 2024 LiveLaw (Del) 1349

The Delhi High Court has ordered implementation of Avlamban Fund Scheme, 2024 for victims of acid attack who are residents of the national capital or against whom the offence has been committed here, irrespective of their address.

Delhi High Court Restrains Moti Mahal's Ex-Franchisee From Infringing The Chain's Trademark And Copyright

Case title: Moti Mahal Delux Management Services Pvt. Ltd. & ors. vs. M/S. Srmj Business Promoters Pvt. Ltd. & anr.

Citation: 2024 LiveLaw (Del) 1350

The Delhi High Court has issued a temporary injunction in favour of Moti Mahal Delux Management Services Pvt. Ltd., which owns and operates the popular Moti Mahal restaurant chains in India and various countries, against trademark and copyright infringement by its ex-franchisee engaged in similar business.

If Remedy For Cause Of Action Falls Within Scope Of Arbitration Agreement, Counter Party Cannot Be Compelled To Defend It In A Suit: Delhi HC

Case Title: M/S GRANDSLAM DEVELOPERS PVT LTD v. AKSHAY GANDHI PROPRIETOR OF PRAXIS DESIGN SOLUTIONS

Citation: 2024 LiveLaw (Del) 1351

The Delhi High Court Bench of Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela held that the scope of examination in an application under Section 8 of the Act is limited to prima facie examining the validity and existence of the arbitration agreement.

Delhi High Court Slaps ₹1 Lakh Cost On Litigant For Filing Contempt Plea Against CCI To Stall Authority's Ongoing Investigation Against It

Case title: Forech India Pvt Ltd vs. Shri Inder Pal Singh Bindra Secretary Competition Commission Of India & Anr.

Citation: 2024 LiveLaw (Del) 1352

The Delhi High Court has imposed a cost of Rs. 1 lakh on a company for filing a contempt petition against the Secretary, Competition Commission of India (CCI), which the court described as a 'delaying tactic', to stall an ongoing investigation against the company by the CCI.

Sufficiency Of Reasons Over Number Of Days Is Considered While Determining Plea Of Condonation Of Delay U/S 37(1)(2) Of Arbitration Act: Delhi HC

Case Title: M/S SATYADHARA COMMUNICATIONS PVT LTD v. M/S INDIASIGN PVT Ltd

Citation: 2024 LiveLaw (Del) 1353

The Delhi High Court Bench of Justice Rekha Palli and Justice Saurabh Banerjee held that the appellant failed to demonstrate any plausible reasons for the delay caused in filing the present appeal.

Take Expeditious Steps To Fill Posts Of Non Official Members Of Delhi Mental Health Authority: High Court To Delhi Govt

Title: AMIT SAHNI v. GOVT OF NCT DELHI AND ORS. and other connected matter

Citation: 2024 LiveLaw (Del) 1354

The Delhi High Court has directed the Delhi Government to take expeditious steps for filling up the posts of non-official members of the Delhi Mental Health Authority.

No Pruning Of Trees Till Forest Department Has SOP On Compliance Under DPTA: Delhi High Court

Title: BHAVREEN KANDHARI v. SHRI C. D. SINGH AND ORS.

Citation: 2024 LiveLaw (Del) 1355

The Delhi High Court has directed all the Deputy Conservator of Forests (DCFs) to ensure that no pruning of trees is undertaken till the Department of Forest and Wildlife has guidelines or SOP to ensure that the exercise is done and monitored in accordance with the provisions of Delhi Preservation of Trees Act.

'Sahyog' Portal Developed For Cooperation Of Govts & Social Media Intermediaries In Creating Safe Cyberspace: MHA To Delhi High Court

Title: SHABANA v. GOVT OF NCT OF DELHI AND ORS.

Citation: 2024 LiveLaw (Del) 1356

The Union Ministry of Home Affairs has recently informed the Delhi High Court that it has developed a portal called “SAHYOG” where authorised agencies of Central Government, States and Union Territories as well as the social media intermediaries will work together to create a safe cyberspace.

PhD Thesis Not Containing Commercially Sensitive, Proprietary Information Not Exempt From Disclosure Under RTI Act: Delhi HC

Case Title: RAJEEV KUMAR v. CENTRAL INFORMATION COMMISSION (CIC) THROUGH CPIO & ORS.

Citation: 2024 LiveLaw (Del) 1357

The Delhi High Court has recently held that PhD thesis which does not contain commercially sensitive or proprietary information is not exempted from disclosure under Section 8(1)(d) of Right to Information Act. 2005.

Order Rejecting Plea For Extension Of Investigation Period From Initial 90 To 180 Days Under UAPA Appealable, Not Interlocutory: Delhi HC

Title: STATE v. ANAMUL ANSARI & ORS.

Citation: 2024 LiveLaw (Del) 1358

The Delhi High Court has recently held that an order rejecting the application for extension of period of investigation from initial 90 to 180 days under Section 43D(2) of UAPA is an appealable order and not an interlocutory order.

Delhi High Court Quashes ED's Denial Of NOC To Times Of India Group For Overseas Investments

Case title: Times Internet Limited vs. ED & Ors.

Citation: 2024 LiveLaw (Del) 1359

The Delhi High Court has quashed the Enforcement Directorate's (ED) decision to deny No Objection Certificates (NOC) under Foreign Exchange Management (Overseas Investment) Rules, 2022 to media conglomerates Bennet Coleman & Co. Ltd and its subsidiary the Times Internet Limited, the digital venture of the Times of India Group.

Mobile Towers Are Not Immovable Property, They Are Eligible For Input Tax Credit: Delhi High Court Allows Airtel's Plea

Case title: M/S Bharti Airtel Limited v. Commissioner, CGST Appeals-1 Delhi (and batch)

Citation: 2024 LiveLaw (Del) 1360

The Delhi High Court has held that mobile/ telecommunication towers are movable properties, eligible for availing input tax credit under the Central Goods and Services Tax Act, 2017.

2020 Delhi Riots: High Court Upholds Order Framing Charges Against Accused, Says 'Evidence Will Be Filtered In The Crucible Of Trial'

Title: SALIM MALIK @ MUNNA v. STATE

Citation: 2024 LiveLaw (Del) 1361

The Delhi High Court has upheld a trial court order framing charges against one Salim Malik booked in a case related to the 2020 North-East Delhi riots.

Service Tax Not Prima Facie Leviable On Amounts Claimed As Performance Linked Incentives/Commission: Delhi High Court

Case title: Just Click Travels Private Limited v. Union Of India & Ors.

Citation: 2024 LiveLaw (Del) 1362

The Delhi High Court has prima facie observed that service tax is not leviable on amounts claimed by an Assessee as commission or performance linked benefit.

Elections To All Bar Associations Shall Be Held On February 07: Delhi High Court

Title: Nitin Kumar Advocate v. Bar Council of Delhi & Ors. and other connected matters

Citation: 2024 LiveLaw (Del) 1363

The Delhi High Court has recently ordered that elections to all Bar Associations in the national capital shall be held on February 07, 2025.

Person Arrested U/S 69 CGST Act Must Be Communicated Grounds Of Arrest 'In Writing': Delhi High Court

Case title: Kshitij Ghildiyal v. Director General Of Gst Intelligence, Delhi

Citation: 2024 LiveLaw (Del) 1364

The Delhi High Court has held that grounds of arrest must be furnished to a person arrested under Section 69 of the Central Goods and Services Tax Act, 2017, 'in writing'.

Delhi High Court Protects Personality Rights Of Journalist Rajat Sharma, Orders Take Down Of Deepfake Content

Title: RAJAT SHARMA & ANR v. TAMARA DOC & ORS.

Citation: 2024 LiveLaw (Del) 1365

The Delhi High Court has protected the personality rights of senior journalist Rajat Sharma and ordered take down of content generated against him through artificial intelligence and deepfake technology.

[Delhi Rent Control Act] Leave To Defend Cannot Be Granted On Mere Asking Of Tenant: Delhi High Court Reiterates

Case title: Satya Pal Pathak Through GPA Vijay Kumar Kaushik

Citation: 2024 LiveLaw (Del) 1366

While quashing a Trial Court's order granting leave to defend to a tenant in an eviction petition, the Delhi High Court has observed that when the landlord placed medical records of his various illnesses and the site plan of premises showed lack of alternate accommodation, the Trial Court should not have considered them as triable issues.

Prima Facie Disturbed Harmony In Society: Delhi HC Refuses To Quash FIR Against DU Professor Over Post Relating To Gyanvapi Mosque

Title: DR. RATAN LAL v. STATE GOVT. OF NCT OF DELHI & ANR.

Citation: 2024 LiveLaw (Del) 1367

The Delhi High Court has refused to quash an FIR registered against Ratan Lal, a professor of history at Delhi University, over a social media post in relation to the controversy regarding Gyanvapi Mosque prima facie observing that he had created disturbance of harmony in the society.

'Resignation During Pendency Of Inquiry Or Investigation Is Generally Not Accepted', Delhi High Court

Case Title: SATYAVIR SINGH versus UNION OF INDIA & ORS

Citation: 2024 LiveLaw (Del) 1368

A Division Bench of the Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur while dismissing the Petition of an Army Officer held that resignation during the pendency of inquiry or investigation could generally not be accepted regardless of whether the Petitioner was suspended or not.

Memorandum Of Family Settlement Did Not Require Registration: Delhi High Court Dismisses Appeal U/S 34 Of Arbitration Act

Case Title: SUBHASH CHANDER BAJAJ (SINCE DECEASED) THR LRS & ORS v. INDERJIT BAJAJ (SINCE DECEASED) THR LRS & ORS

Citation: 2024 LiveLaw (Del) 1369

The Delhi High Court Bench of Justice Rekha Palli and Justice Saurabh Banerjee has held that the Single Judge has, without interfering with the factual findings arrived at by the learned Arbitrator, correctly applied the settled legal position to the MFS, by holding that the same being a record of prior oral partition of the properties between all the sons of late Mr. Amarnath Bajaj, was only a Memorandum regarding the existing settlement between the parties. Moreover, the court held that the Memorandum of Family Settlement (“MFS”) did not require registration.

'Hiring' Of Helicopters By Andaman & Nicobar Admin Not Exigible To Tax Under Central Sales Tax Act: Delhi High Court

Case title: M/S Pawan Hans Limited (Formerly Known As Pawan Hans Helicopters Limited) v. Commissioner Of Trade And Taxes

Citation: 2024 LiveLaw (Del) 1370

The Delhi High Court has held that the supply of helicopters by Pawan Hans Ltd. to the Andaman & Nicobar Islands administration, under an agreement executed in the year 2003, is not exigible to tax under the Central Sales Tax Act, 1956.

No Reason To Continue Criminal Proceedings If Accused Is Exonerated For Same Charges In Disciplinary Proceedings: Delhi High Court

Case title: Ajit Kumar vs. State Nct Of Delhi and Anr

Citation: 2024 LiveLaw (Del) 1371

While quashing a First Information Report (FIR) against an accused, the Delhi High Court reiterated that if an accused is found innocent in disciplinary proceedings and the same charges are levelled in the criminal case, then there is no justifiable reason to continue the criminal proceedings.

CLAT 2025 : Delhi High Court Finds Two Answers 'Demonstrably Wrong', Directs To Revise Results Of Petitioner

Title: ADITYA SINGH (MINOR) v. CONSORTIUM OF NATIONAL LAW UNIVERSITIES

Citation: 2024 LiveLaw (Del) 1372

The Delhi High Court has held that the law does not commend a total 'hands off' approach for Courts where the answer key is demonstrably wrong, underscoring that injustice caused to a candidate must be undone.

Whether A Word Or Sentence Would Outrage Woman's Modesty Would Depend On Her Background: Delhi High Court

Title: JASDEEP SINGH & ANR v. STATE & ANR.

Citation: 2024 LiveLaw (Del) 1373

The Delhi High Court has recently ruled that whether a word or sentence outrages a woman's modesty would depend on the background from which she has and the circumstances surrounding her.

Restraining Party From Participating In Any Tender Process U/S 9 of Arbitration Act Will Actually Thwart Competition: Delhi High Court

Case Title: LAS GROUND FORCE PRIVATE LIMITED & ANR. v. GOLDAIR HANDLING SA

Citation: 2024 LiveLaw (Del) 1374

The Delhi High Court Bench of Chief Justice Subramonium Prasad has held that if the respondent is denied participating in any tender process and ultimately, in the arbitration proceedings and then in the award, it is held that the claim of the petitioner is to be rejected, then irreparable loss will be caused to the respondent. The court held that restraining the respondent from participating in the bid will actually thwart competition.

Termination Of Mandate Of Arbitral Tribunal Results In Waste Of Time, Resources And Money, Court Allowed Petition U/S 29A (4) And (5) Of Arbitration Act: Delhi High Court

Case Title: M/S RCC INFRAVENTURES LTD & ORS v. M/S DMI FINANCE PVT LTD & ORS

Citation: 2024 LiveLaw (Del) 1375

The Delhi High Court Bench of Justice Jasmeet Singh has held that the parties and the Arbitral Tribunal have invested a lot of time, effort and energy in the arbitral proceedings. The essence of the Arbitration and Conciliation Act, 1996 is a litigant-centric process to expedite the disposal of cases and reduce the cost of litigation.

Delhi High Court Denies Anticipatory Bail To Former IAS Puja Khedkar

Case Title: Puja Khedkar v. State

Citation: 2024 LiveLaw (Del) 1376

The Delhi High Court has dismissed the anticipatory bail plea filed by former probationer IAS officer Puja Khedkar who is accused of “misrepresenting and falsifying facts" in her application for Union Public Service Commission (UPSC) Civil Services Examination, 2022.

Rape, Acid Attack And POCSO Case Survivors Must Be Provided Free Medical Treatment By All Hospitals: Delhi High Court

Case Title: SV v. State

Citation: 2024 LiveLaw (Del) 1377

The Delhi High Court has recently ruled that victims of rape, acid attack and sexual attacks as well as POCSO cases survivors are to be provided free medical treatment in all government and private hospitals and nursing homes.

Delhi High Court Upholds Demolition Of Signature View Apartments, Raps DDA For Substandard Construction

Title: VISHWAJEET SINGH AND ORS v. SH SUBHASISH PANDA and other connected matters

Citation: 2024 LiveLaw (Del) 1378

The Delhi High Court has upheld the decision of the Delhi Development Authority (DDA) for demolition and reconstruction of Signature View Apartments in city's Mukherjee Nagar which was found to be unfit for habitation by structural experts and have been declared as dangerous.

Usage Of 'Separated/Divorced' Can't Be Restricted To Only Those With A Judicial Separation Decree: Delhi High Court

Case title: Deep Minor Through Next Friend vs. Govt. Of NCT of Delhi

Citation: 2024 LiveLaw (Del) 1379

While hearing a minor boy's plea against non-issuance of Scheduled Caste certificate by the State on the ground that the application could only be accepted if the mother is legally divorced or separated, the Delhi High Court said that the terms like 'separated/ divorced/ single women' cannot be restricted to only those women who have a formal divorce or judicial separation decree.

Award Is Time-Barred U/S 34(3) Of Arbitration Act Due To Petitioner's Failure To Confirm Award Receipt On Affidavit: Delhi High Court

Case Title: M/S. INDURE PVT. LTD v. ANEJA CONSTRUCTION (INDIA) LTD

Citation: 2024 LiveLaw (Del) 1380

The Delhi High Court Bench of Justice Subramonium Prasad has affirmed that in absence of any positive affirmation on affidavit from the petitioner as to when the award was received, the Court cannot accept the mere ipse dixit of the petitioner that as soon as the award was received it was filed by the petitioner.

Delhi High Court Issues Interim Order To Protect Trademark Infringement Of HCL's Mark In Healthcare Services

Case title: HCL Corporation Pvt Ltd vs. Healthcare HCL Reference Laboratories & Ors

Citation: 2024 LiveLaw (Del) 1381

The Delhi High Court has issued a temporary injunction in favour of HCL Corporation Pvt Ltd–one of the promoter companies of HCL Group of companies–while hearing its plea alleging the trademark infringement of its 'HCL' mark by a company providing healthcare services.

Delhi High Court Directs Family Courts To Complete Witness Cross Examinations Expeditiously Without Embarrassment To Parties

Title: X v. Y

Citation: 2024 LiveLaw (Del) 1382

The Delhi High Court has recently directed all the Family Courts in the national capital to ensure that the cross-examinations of witnesses are completed as expeditiously as possible, without causing any undue harassment or embarrassment to the parties.

Litigant Shifting Responsibility For Inordinate Delay To Counsel's Negligence Is 'Unwholesome': Delhi High Court

Case title: Rahul Mavai vs. Union Of India & Ors

Citation: 2024 LiveLaw (Del) 1383

While hearing a writ petition moved after a delay of six years, the Delhi High Court deprecated the practice of litigants seeking condonation of delay merely on the ground that their counsel was negligent or indolent.

[Arbitration Act] Friendly Consultation Necessary Before Issuing Section 21 Notice: Delhi High Court

Case Title: M/S N. J. GARMENTS PRIVATE LIMITED Versus M/S CAPITALGRAM MARKETING AND TECHNOLOGY PVT LTD

Citation: 2024 LiveLaw (Del) 1384

The Delhi High Court bench of J. C. Hari Shankar has held that in the present case there is no scope for negotiation between the parties, much less friendly negotiations.

Interest Earned On Borrowed Funds Kept For Acquiring Coal Mine Is Not Revenue Receipt If Coal Mine Is Aborted, Borrowings Are Repaid: Delhi HC

Case Title: Pr. CIT vs. International Coal Ventures Pvt Ltd

Citation: 2024 LiveLaw (Del) 1385

The Delhi High Court recently accepted that the interest received on borrowed funds, which were temporarily held in interest bearing deposit, is a part of the capital cost and is required to be credited to Capital Work In Progress.

Delhi High Court Bars Non-Advocates From Appearing Before Consumer Courts

Title: ANUJ KUMAR CHAUHAN AND ANR v. LIEUTENANT GOVERNOR NCT OF DELHI AND ORS

Citation: 2024 LiveLaw (Del) 1386

The Delhi High Court has barred the practise of permitting non-Advocates or agents to appear before the Consumer Courts here on the basis of authority letters issued by lawyers, with immediate effect.

Non-Implementation Of PM-ABHIM Scheme In Delhi Unjustified: High Court Orders Signing Of MoU By January 05

Title: COURT ON ITS OWN MOTION v. UNION OF INDIA AND ORS.

Citation: 2024 LiveLaw (Del) 1387

The Delhi High Court has recently ordered signing of an MoU between Union Ministry of Health and Family Welfare and the Delhi Government by January 05, 2025, for implementing PM- Ayushman Bharat Health Infrastructure Mission (PM-ABHIM) scheme in the national capital.

'Rejection Of Disability Pension Should Be Based On Reasoned Order ': Delhi High Court

Case Title: EX U/NVK (ME) PRAVINDERA SHARMA versus UNION OF INDIA & ORS

Citation: 2024 LiveLaw (Del) 1388

A Division Bench of the Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur held that since the Petitioner's disabilities arose while he was in service, the possibility of the disabilities having arisen due to being in service could not be ruled out. The Bench further held that the Respondents did not explain as to why they did not consider the opinion of the Medical Board in not granting the disability element of pension to the petitioner and failed to prove the condition for non-entitlement of the Disability Pension to the petitioner.

Not Essential To Arrest Person Who Voluntarily Appears Before Magistrate For Giving Specimen Signature Or Handwriting: Delhi High Court

Title: COURT ON ITS OWN MOTION v. STATE

Citation: 2024 LiveLaw (Del) 1389

The Delhi High Court has recently ruled that it is not essential to arrest a person who voluntarily appears before the Court or Magistrate, pursuant to the application filed by the Investigating Officer, for giving specimen signature or handwriting.

Application For Revocation Of Cancellation Of GST Registration Rejected Just Because Taxpayer Did Not Respond To SCN: Delhi HC Revives Application

Case Title: MS Enterprises vs. Sales Tax Officer

Citation: 2024 LiveLaw (Del) 1390

The Delhi High Court held that the application for revocation of cancellation of GST registration could not have been dismissed, when apart from using the phrase “any supporting documents” and “others”, no further reason was assigned as to why the said application was dismissed.

[UAPA] Contemplation Of Terrorist Act For Years Even Without Giving Effect To It Constitutes A Terrorist Act: Delhi High Court

Case title: Mohd Abdul Rehman vs. State NCT of Delhi

Citation: 2024 LiveLaw (Del) 1391

While hearing an appeal against the conviction of a member of Al-Qaida in Indian Subcontinent (AQIS) under the Unlawful Activities (Prevention) Act (UAPA), the Delhi High Court has observed that contemplation of a terrorist act for years even if it may be carried out to after several years constitutes a terrorist act.

Delhi High Court Grants Interim Relief To 'Upstox' Against Trademark, Copyright Infringement By Unknown Entities

Case title: MS RKSV Securities India Pvt. Ltd. Upstox vs. John Does And Ors.

Citation: 2024 LiveLaw (Del) 1392

The Delhi High Court has in an interim order restrained unknown entities from infringing on the 'UPSTOX' trademarks, work marks and copyrighted photographs–an online trading application owned by RKSV Securities India Pvt. Ltd which is an Indian broking firm providing stock trading opportunities.

Income From Capital Gains On Certain Assets Which Are Excluded U/S 10(38) Of IT Act Must Be Included While Computing Book Profit

Case Title: Principal CIT vs. M/s Hespera Reality Pvt Ltd

Citation: 2024 LiveLaw (Del) 1393

The Delhi High Court held that proviso to Sec 10(38) cannot be read in reverse to mean that if gains are not included as book profits u/s 115JB, the same are liable to be included as income for purposes of assessment to tax under the normal provisions.

Medical Negligence Not Established By Mere Assertion Of 'Expected Standard Of Care': Delhi High Court

Title: SHIV KUMAR v. NATIONAL MEDICAL COMMISSION & ORS.

Citation: 2024 LiveLaw (Del) 1394

The Delhi High Court has observed that medical negligence cannot be established by mere dissatisfaction or the assertion of an 'expected standard of care', rather it must be demonstrated that the doctor's conduct fell below the level of a reasonably competent practitioner in similar circumstances.