Delhi High Court Monthly Digest: February 2024 [Citations 119 - 238]

X v. Y 2024 LiveLaw (Del) 119

DHARAM NARAYAN GAUTAM v. STATE THROUGH ECONOMIC OFFENCES WING & ANR. 2024 LiveLaw (Del) 120

SIYA OMAR THROUGH HER MOTHER AND NATURAL GUARDIAN PRIYANKA GUPTA & ANR. v. UNION OF INDIA THROUGH ITS SECRETARY MINISTRY OF HEALTH AND FAMILY WELFARE & ORS. 2024 LiveLaw (Del) 121

AMIT KUMAR & ORS. v. UNION OF INDIA & ORS 2024 LiveLaw (Del) 122

MR MAHENDER KUMAR KHANDELWAL v. DIRECTORATE OF ENFORCEMENT & ANR. 2024 LiveLaw (Del) 123

Yasin Malik v. Union of India & Ors. 2024 LiveLaw (Del) 124

CITIZENS WHISTLE BLOWER FORUM v. UNION OF INDIA AND ORS. 2024 LiveLaw (Del) 125

BAL KISHAN GUPTA v. DDA 2024 LiveLaw (Del) 126

CPIO CBI v. Sanjiv Chaturvedi 2024 LiveLaw (Del) 127

X v. Y 2024 LiveLaw (Del) 128

MICHAL BENSON NWAOGU @ CHUNA BENSON v. STATE 2024 LiveLaw (Del) 129

A v. B 2024 LiveLaw (Del) 130

RAVI KUMAR v. ALL INDIA INSTITUTE OF MEDICAL SCIENCES 2024 LiveLaw (Del) 131

X v. Y 2024 LiveLaw (Del) 132

Naman Gupta Versus Commissioner Of Customs Airport And General 2024 LiveLaw (Del) 133

Shri Balaji Enterprises & Ors vs Reserve Bank Of India & Anr. 2024 LiveLaw (Del) 134

Surya Alloy Industries Ltd Vs Union Of India And Anr. 2024 LiveLaw (Del) 172

M/S Axalta Coating Systems India Pvt. Ltd. Vs M/S Madhuban Motors Pvt. Ltd. 2024 LiveLaw (Del) 173

SWATI SINGH v. JAWAHARLAL NEHRU UNIVERSITY 2024 LiveLaw (Del) 174

PHILLIPS 66 COMPANY v. RAAJ UNOCAL LUBRICANTS LIMITED 2024 LiveLaw (Del) 175

COURT ON ITS OWN MOTION v. UNION OF INDIA AND ORS. 2024 LiveLaw (Del) 176

PRAVEEN@NAVEEN@VICKY v. STATE GOVT OF NCT OF DELHI 2024 LiveLaw (Del) 177

DEBARATI NANDEE v. MS. TRIPTI GURHA & ANR and other connected matters 2024 LiveLaw (Del) 178

DR. AMIT KUMAR v. BHARATI COLLEGE 2024 LiveLaw (Del) 179

M/S S.K Agencies vs M/S DFM Foods 2024 LiveLaw (Del) 180

The Commissioner Of Income Tax Versus Mitsubishi Corporation India P. Ltd 2024 LiveLaw (Del) 181

VALLABHBHAI PATEL CHEST INSTITUTE v. NISHIKESH TYAGI & ANOTHER 2024 LiveLaw (Del) 182

JAMIA ARABIA NIZAMIA WELFARE EDUCATION SOCIETY v. DELHI DEVELOPMENT AUTHORITY THROUGH ITS VICE CHAIRMAN & ORS. 2024 LiveLaw (Del) 183

SHIBU SOREN v. LOKPAL OF INDIA & ANR. 2024 LiveLaw (Del) 184

RAGHAV AWASTHI v. UNION OF INDIA & ORS. 2024 LiveLaw (Del) 185

TTK PRESTIGE LIMITED v. BAGHLA SANITARYWARE PRIVATE LIMITED & ORS 2024 LiveLaw (Del) 186

VIJAY DAHIYA v. STATE OF NCT OF DELHI 2024 LiveLaw (Del) 187

VINOD NAGAR v. NARCOTICS CONTROL BUREAU 2024 LiveLaw (Del) 188

Aroh Foundation Versus Commissioner Of Income Tax Exemption & Anr. 2024 LiveLaw (Del) 189

PO v. VP 2024 LiveLaw (Del) 190

GLAXO GROUP LIMITED v. ANGLO-FRENCH DRUGS AND INDUSTRIES LTD. & ANR 2024 LiveLaw (Del) 191

CASTROL LIMITED v. RAJESH KUMAR TUTEJA, TRADING AS KRISHNA INTERNATIONAL AND ANR. 2024 LiveLaw (Del) 192

NOKIA TECHNOLOGIES OY v. GUANGDONG OPPO MOBILE TELECOMMUNICATIONS CORP LTD & ORS. and other connected matters 2024 LiveLaw (Del) 193

ASLAM & ORS. v. GOVT OF NCT OF DELHI & ORS. 2024 LiveLaw (Del) 194

MAHESHWARI DEVI v. GOVERNMENT OF NCT OF DELHI & ORS. 2024 LiveLaw (Del) 195

X v. Y 2024 LiveLaw (Del) 196

Shashvat Nakrani v. Ashneer Grover 2024 LiveLaw (Del) 197

RV v. NAVBHARAT TIMES & ORS. 2024 LiveLaw (Del) 198

Varun Sood Versus ACIT 2024 LiveLaw (Del) 199

Swashbuckler Hospitality Pvt. Ltd. vs Avdesh Mittal & Anr. 2024 LiveLaw (Del) 200

M/s NHPC Ltd Vs M/s Jaiprakash Associates Ltd. 2024 LiveLaw (Del) 201

THE MANAGING COMMITTEE OF DELHI WAQF BOARD v. THE GOVERNMENT OF NCT (GNCT), DELHI & ORS. 2024 LiveLaw (Del) 202

Gorkha Security Services vs Govt. Of Nct Of Delhi 2024 LiveLaw (Del) 203

MAHUA MOITRA v. DIRECTORATE OF ENFORCEMENT & ORS. 2024 LiveLaw (Del) 204

Morgan Securities & Credits Pvt Ltd. vs Samtel Display Systems Ltd. 2024 LiveLaw (Del) 205

NEETA BHARDWAJ & ORS. v. KAMLESH SHARMA 2024 LiveLaw (Del) 206

UNIVERSITY OF DELHI v. COMMISSIONER OF POLICE & ANR. 2024 LiveLaw (Del) 207

RAKESH KUMAR SHARMA v. MOTHER DAIRY FRUIT & VEGETABLES PVT LTD 2024 LiveLaw (Del) 208

NATIONAL CAMPAIGN COMMITTEE FOR CENTRAL LEGISLATION ON CONSTRUCTION LABOUR v. DELHI BUILDING AND OTHER CONSTRUCTION WORKERS BOARD 2024 LiveLaw (Del) 209

MOHD. ARSHAD AHMAD v. PRAMOD CHAUHAN SHO P.S. NABI KARIM 2024 LiveLaw (Del) 210

The Commissioner Of Income Tax - International Taxation Versus S.A.Chitra Ventures Ltd. 2024 LiveLaw (Del) 211

Prime Interglobe Private Limited vs Super Milk Products Private Limited 2024 LiveLaw (Del) 212

Delhi High Court Upholds Arbitral Award For Transfer Of School's "KashmirHarvard" Domain Name To Harvard College, Imposes 50K Cost

Title: KASHMIR HARVARD EDUCATIONAL INSTITUTE v. PRESIDENT AND FELLOWS OF HARVARD COLLEGE

Citation: 2024 LiveLaw (Del) 118

The Delhi High Court has upheld an arbitral award directing transfer of a domain name registered by Kashmir Harvard Educational Institute based in Srinagar to the President and Fellows of Harvard College in the United States of America.

Justice Prateek Jalan dismissed with Rs. 50,000 costs the plea moved by the Kashmir based educational institution against the arbitral award passed on March 04, 2023, under the “.IN Domain Name Dispute Resolution Policy” (IDNDRP).

Delhi High Court Upholds Family Court Order Rejecting Husband's Plea For Paternity Test Of Wife, Child Over Allegations Of Adultery

Title: X v. Y

Citation: 2024 LiveLaw (Del) 119

The Delhi High Court has upheld a family court order which rejected a husband's plea to direct the wife and the child to give their blood samples for conducting a paternity test in order to establish her “adulterous conduct” and the minor being the “pawn.”

A division bench of Justice Rajiv Shakdher and Justice Amit Bansal dismissed the husband's appeal and said that whether the wife was involved in an adulterous relationship, as alleged, is an aspect that will have to go to trial.

Delhi High Court Orders Action Against Erring Jail Officers For Illegal Detention Of Man Based On 'Expired Production Warrant'

Title: DHARAM NARAYAN GAUTAM v. STATE THROUGH ECONOMIC OFFENCES WING & ANR.

Citation: 2024 LiveLaw (Del) 120

The Delhi High Court recently ordered action to be taken against erring jail officers of Tihar Jail over illegal detention of a man, despite bail and release order issued in his favour on January 20, based on an “expired production warrant” issued against him last year in an out-station case.

A division bench of Justice Suresh Kumar Kait and Justice Manoj Jain directed that the man be released from jail forthwith, observing that he was kept in illegal detention based on a production warrant in a case pending in a court in Uttar Pradesh's Gautam Buddha Nagar which expired last year.

Frame Guidelines On Living Organ Or Tissue Donations By Minors: Delhi High Court To Centre

Title: SIYA OMAR THROUGH HER MOTHER AND NATURAL GUARDIAN PRIYANKA GUPTA & ANR. v. UNION OF INDIA THROUGH ITS SECRETARY MINISTRY OF HEALTH AND FAMILY WELFARE & ORS.

Citation: 2024 LiveLaw (Del) 121

The Delhi High Court has directed the Union Government to frame guidelines for reference of the appropriate authority and the State Governments while considering an application for living organ or tissue donations by minors.

Justice Subramonium Prasad ordered that the guidelines under Rule 5(3)(g) of the Transplantation of Human Organs and Tissues Rules, 2014, be framed within two months.

IIT Delhi Students Death: High Court Urges Faculty, Staff To Counsel Students That One Can Do Best Without Succumbing To Performance Stress

Title: AMIT KUMAR & ORS. v. UNION OF INDIA & ORS.

Citation: 2024 LiveLaw (Del) 122

The Delhi High Court has observed that it is high time that the faculty as well as staff members of Indian Institute of Technology (IIT) make conscious efforts to counsel and encourage students and to make them understand that though scoring good marks and performing best is important but it is not the most important thing in life.

Justice Rajnish Bhatnagar emphasised that the varsity's faculty must motivate the students that one can certainly give his or her best without succumbing to the pressures or stress of performing better.

Property Seized By ED Must Be Returned If PMLA Probe Continues Beyond 365 Days And Does Not Result In Any Proceedings: Delhi High Court

Title: MR MAHENDER KUMAR KHANDELWAL v. DIRECTORATE OF ENFORCEMENT & ANR.

Citation: 2024 LiveLaw (Del) 123

The Delhi High Court has observed that where the investigation under Prevention of Money-Laundering Act, 2002, extends beyond 365 days and does not result in any proceedings relating to any offence, the seizure of a property will lapse and must be returned to the person from whom it was so seized.

“The continuation of such seizure beyond 365 days, in absence of the pendency of any proceedings relating to any offence under this Act before a court or under the corresponding law of any other country before the competent court of criminal jurisdiction outside India, shall be confiscatory in nature, without authority of law and, therefore, violative of Article 300A of the Constitution of India,” Justice Navin Chawla ruled.

Ensure Medical Treatment Is Provided To Yasin Malik In Jail Hospital: Delhi High Court To Tihar Jail Superintendent

Title: Yasin Malik v. Union of India & Ors.

Citation: 2024 LiveLaw (Del) 124

The Delhi High Court has directed the Tihar Jail Superintendent to ensure that medical treatment is duly provided in the jail hospital to Kashmiri separatist leader Yasin Malik, convicted in a terror funding case.

Justice Anoop Kumar Mendiratta passed the order in a plea moved by Yasin Malik seeking appropriate directions upon the Union Government and jail authorities to refer him for “necessary medical treatment” to AIIMS or any other hospital physically as he is suffering from cardiac and kidney-related ailments.

Delhi High Court Dismisses Plea Seeking SIT Probe Into Alleged Siphoning Of Funds By Promoters Of Indiabulls Housing

Title: CITIZENS WHISTLE BLOWER FORUM v. UNION OF INDIA AND ORS.

Citation: 2024 LiveLaw (Del) 125

The Delhi High Court has dismissed a plea seeking an in-depth, thorough and time bound investigation by a Special Investigation Team (SIT) into alleged illegalities, violations and siphoning of funds by the promoters of Indiabulls Housing Finance Limited (IBHFL) and its subsidiaries.

A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna observed that necessary investigation has already been carried out by National Housing Bank (NHB) and the Union Ministry of Corporate Affairs is in the process of conducting further probe in the matter.

DDA Can't Carry Out Demolition On Its Own Whims & Fancies, Must Issue Show Cause Notice & Adjudicate On Objections: Delhi High Court

Title: BAL KISHAN GUPTA v. DDA

Citation: 2024 LiveLaw (Del) 126

The Delhi High Court has recently observed that the Delhi Development Authority (DDA) cannot carry out any demolition on its own whims and fancies and must issue show cause notice and adjudicate the reply or objections raised by a party before initiating such action.

“The respondent (DDA), being the State, is required to follow principles of natural justice and cannot carry out any demolition on its own whims and fancies. Before initiating the process, it is required to issue a show cause notice, call for reply, adjudicate the reply/objections and thereafter carry out any demolition,” Justice Jasmeet Singh held.

CBI Not Exempted Under RTI Act, Must Provide Info On Corruption And Human Rights Violations Except 'Sensitive Investigation': Delhi HC

Title: CPIO CBI v. Sanjiv Chaturvedi

Citation: 2024 LiveLaw (Del) 127

Rejecting the argument that the Central Bureau of Investigation (CBI) is exempted from provisions of Right to Information Act, 2005, the Delhi High Court has said that the probe agency must provide information on corruption and human rights violations, except in investigations which are sensitive in nature.

Justice Subramonium Prasad said that even though CBI's name is mentioned in the Second Schedule to the RTI Act, it does not mean that the entire enactment is not applicable to the agency.

Adulterous Spouse Not Equivalent To 'Incompetent Parent', Extramarital Affair Not Sole Factor To Deny Child's Custody: Delhi High Court

Title: X v. Y

Citation: 2024 LiveLaw (Del) 128

Observing that an “adulterous spouse” is not equivalent to an “incompetent parent,” the Delhi High Court has said that the points for consideration in divorce proceedings and custody matters may be co-related but they are always “mutually exclusive.”

A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna said that an adulterous relationship or extramarital affair of either spouse cannot be the sole determining factor to deny custody of a child, unless it is proved that such relationship is pernicious or detrimental to the minor's welfare.

Foreigners Being Held In Detention Centres Despite Bail, Trial Courts Must Expeditiously Dispose Of Cases Against Them: Delhi High Court

Title: MICHAL BENSON NWAOGU @ CHUNA BENSON v. STATE

Citation: 2024 LiveLaw (Del) 129

The Delhi High Court has underscored the need of speedy disposal of cases against foreign nationals who are detained in detention centres despite being admitted to bail, thereby restricting their liberty due to pendency of cases for long period.

Justice Anoop Kumar Mendiratta said that the trial courts in the national capital must deal with criminal cases involving foreigners expeditiously, in the interest of equity and fair play, to ensure that their liberty is not restricted or curtailed due to delay in the conclusion of trials.

Wife Pressurising Husband To Fulfil Whimsical Dreams Beyond His Financial Reach Sufficient Mental Strain: Delhi High Court Upholds Divorce

Title: A v. B

Citation: 2024 LiveLaw (Del) 130

While upholding divorce of a couple on the ground of cruelty by wife, the Delhi High Court has observed that pressurising the husband to fulfil “distant and whimsical dreams” not within his financial reach may create a sense of “persistent dissatisfaction” which would be sufficient mental strain to drain the contentment and tranquillity out of any married life.

A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna observed that a wife should not be a constant reminder of one's financial limitations and said that one must tread carefully between the needs, wants and desires.

Authority Asking For OBC-NCL Certificate Should Keep Cut-Off Date Of Issuance In Line With Financial Year, Deviation Creates Confusion: Delhi HC

Title: RAVI KUMAR v. ALL INDIA INSTITUTE OF MEDICAL SCIENCES

Citation: 2024 LiveLaw (Del) 131

The Delhi High Court has observed that an authority asking for OBC-Non Creamy Layer (NCL) certificate should keep the cut-off date of its issuance in line with a particular financial year, as any deviation not only creates confusion and uncertainty but also deprives deserving candidates of reservation benefit.

Person Can't Be Sent To Jail For More Than Three Months Over Recovery Of Maintenance Arrears In Subsequent Execution Petition: Delhi High Court

Title: X v. Y

Citation: 2024 LiveLaw (Del) 132

The Delhi High Court has ruled that a person cannot be sent to jail for more than three months, over non-payment of arrears of maintenance to the spouse, in the subsequent execution petitions filed for recovery of maintenance which may accrue from time to time under the same order.

A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna analyzed Section 58 (1) of the Code of Civil Procedure, 1908, and ruled that the total period in civil prison in execution of a decree in the same suit cannot exceed three months.

Exporters Not Traceable, Customs Broker Can't Be Held Liable After Issuance Of 'Let Export Orders': Delhi High Court

Case Title: Naman Gupta Versus Commissioner Of Customs Airport And General

Citation: 2024 LiveLaw (Del) 133

The Delhi High Court has held that as a customs broker, the petitioner cannot be held liable because exporters were not traceable after the issuance of 'Let Export Orders' and the export of the goods out of the country.

Delhi High Court Dismisses Writ Petition, Permits Petitioner To Avail Remedy Under S. 37 Of Arbitration Act

Case Title: Shri Balaji Enterprises & Ors vs Reserve Bank Of India & Anr.

Citation: 2024 LiveLaw (Del) 134

The Delhi High Court bench comprising Justice Subramonium Prasad held that the aggrieved party should avail the alternate remedy available under the Arbitration and Conciliation Act, 1996 before approaching the court under Article 226 unless there are extraordinary or exceptional circumstances.

Further, the bench held that the remedy available to a party under Article 226 is not absolute and is at the discretion of the High Court.

Case Title: Surya Alloy Industries Ltd Vs Union Of India And Anr.

Citation: 2024 LiveLaw (Del) 172

The Delhi High Court single bench of Justice Sachin Datta held that once a party has agreed to constituting an arbitral tribunal, it is precluded from subsequently opposing the appointment of an arbitrator based on the alleged non-fulfillment of pre-arbitral steps.

Seat Of Arbitration Inferred By Contractual Clauses & Conduct Of Parties, Venue Is Considered Seat In Absence Of Other Indications: Delhi High Court

Case Title: M/S Axalta Coating Systems India Pvt. Ltd. Vs M/S Madhuban Motors Pvt. Ltd.

Citation: 2024 LiveLaw (Del) 173

The Delhi High Court single bench of Justice Anup Jairam Bhambhani held that mere expression of "place of arbitration" does not automatically indicate the seat and the determination of the seat should be inferred from other clauses in the agreement and the conduct of the parties.

The bench held that the seat was in Delhi as the contract clause specified that the venue for arbitral proceedings would be in New Delhi, and it vested exclusive jurisdiction in the courts of law in Delhi for all disputes arising from the Supply Agreement.

Educational Campuses Can't Be Converted Into Platforms To Propagate Party Politics, There Can't Be Any Compromise On Discipline: Delhi High Court

Title: SWATI SINGH v. JAWAHARLAL NEHRU UNIVERSITY

Citation: 2024 LiveLaw (Del) 174

The Delhi High Court has recently observed that educational campuses cannot be allowed to be converted into political platforms to propagate party politics.

“Discipline in students in educational institutions is of the essence. There can be no compromise in that regard. While there can be no proscription against students engaging in political activities, they cannot be allowed to do so in a manner which would disrupt normal campus life, or the orderly conduct of affairs in the educational institution of which they are a part,” Justice C Hari Shankar said.

Delhi High Court Allows Examination Of Two Witnesses In US Through Video Conferencing In Commercial Suit

Title: PHILLIPS 66 COMPANY v. RAAJ UNOCAL LUBRICANTS LIMITED

Citation: 2024 LiveLaw (Del) 175

The Delhi High Court has allowed examination of two witnesses in a commercial suit, residing in the United States of America (USA), to be conducted through video conferencing mode as per the High Court of Delhi Rules for Video Conferencing for Courts, 2021.

Justice Sanjeev Narula said courts must foster an environment where the reliability of testimony, whether delivered in person or remotely, remains unimpeachable.

Only 6 CT Scan Machines Available In 19 Delhi Govt Hospitals: High Court Constitutes Committee For Ramping Up Medical Infrastructure

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

Citation: 2024 LiveLaw (Del) 176

The Delhi High Court has constituted a six-member committee to give recommendations and suggestions for ramping up medical infrastructure and optimization of existing resources in various hospitals in the national capital, either owned by the Delhi Government or the Municipal Corporation of Delhi (MCD).

“With only six CT Scan machines being available in nineteen Delhi Government hospitals (which cater to a population in excess of three crores), the infrastructure needs to be ramped up manifold,” a division bench comprising of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora said.

Criminal Activity Within Jail 'Significant Departure' From Rehabilitative Process, Weighs Against Inmates Eligibility For Parole: Delhi HC

Title: PRAVEEN@NAVEEN@VICKY v. STATE GOVT OF NCT OF DELHI

Citation: 2024 LiveLaw (Del) 177

The Delhi High Court has observed that criminal activity within jail premises may be regarded as a “significant departure from the rehabilitative process which may weigh against an inmate's parole eligibility.

“Parole, which is a conditional release from the jail, is granted by the competent authority, and the same is contingent upon several factors including the behaviour of prisoner within the jail premises, and his demonstration of readiness for reintegration into society. Criminal acts committed within the jail premises go against the very purpose of rehabilitation and correcting the prisoners/ convicts,” Justice Swarana Kanta Sharma said.

Right To Adopt Not A Fundamental Right, Prospective Adoptive Parents Can't Demand Their Choice Of Who To Adopt: Delhi High Court

Title: DEBARATI NANDEE v. MS. TRIPTI GURHA & ANR and other connected matters

Citation: 2024 LiveLaw (Del) 178

The Delhi High Court has ruled that the right to adopt cannot be raised to the status of a fundamental right within Article 21 of the Constitution of India, nor can it be raised to a level granting Prospective Adoptive Parents (PAPs) the right to demand their choice of who to adopt.

Justice Subramonium Prasad said that there is no right at all to insist on the adoption of a particular child before the final order of adoption is passed by the District Magistrate under the Juvenile Justice (Care and Protection of Children) Act, 2015.

Sexual Harassment By Teachers Witnessed Widespread Occurrence, Is A Serious Offence: Delhi High Court

Title: DR. AMIT KUMAR v. BHARATI COLLEGE

Citation: 2024 LiveLaw (Del) 179

The Delhi High Court has observed that the act of sexual harassment by teachers with their students has witnessed a widespread occurrence which is a serious offence and abuse of a position of power.

Justice Chandra Dhari Singh said teachers are gifted with the power to impart wisdom and shape the minds of children who are the future and it is imperative that such power is not misused.

Arbitration Clause Does Not Cease With Contract Termination, It Is An Independent Agreement: Delhi High Court Allows S. 11 Application

Case Title: M/S S.K Agencies vs M/S DFM Foods

Citation: 2024 LiveLaw (Del) 180

The Delhi High Court single bench of Justice Sachin Datta dismissed the notion that the arbitration clause would cease to exist with the termination of the contract. The bench emphasized that the arbitration clause, as part of the contract, should be treated as an independent agreement.

Mitsubishi Corporation Not Liable To Deduct TDS On Sum Which Was Not Chargeable To Tax In India: Delhi High Court

Case Title: The Commissioner Of Income Tax Versus Mitsubishi Corporation India P. Ltd

Citation: 2024 LiveLaw (Del) 181

The Delhi High Court has held that the assessee, Mitsubishi Corporation, is not liable to deduct TDS under Section 195(1) of the Income Tax Act where the sum paid was not chargeable to tax in India.

The bench of Justice Rajiv Shakdher has observed that the assessee could have taken recourse to the DTAAs qua the reformulated question since the provisions contained therein were more beneficial. Therefore, the business connection test had no relevance once it was established that MC Metal (Thailand) and Metal One (Singapore) did not have a PE in India.

Poor Labourers Forced To Fight Tooth And Nail To Get Justice, Sorry State Of Affairs In Constitutional Courts: Delhi High Court

Title: VALLABHBHAI PATEL CHEST INSTITUTE v. NISHIKESH TYAGI & ANOTHER

Citation: 2024 LiveLaw (Del) 182

The Delhi High Court has said that it is a sorry state of affairs in the Constitutional Courts of the country that the poor labourers are forced to fight tooth and nail to get justice for themselves.

While dealing with a case which took more than two decades to reach to a conclusion leaving a poor worker in a “state of profound uncertainty”, Justice Chandra Dhari Singh said:

Illegal Construction Ongoing In Delhi At Unprecedented Scale, DDA And MCD Must Put Structural Reforms In Place: Delhi High Court

Title: JAMIA ARABIA NIZAMIA WELFARE EDUCATION SOCIETY v. DELHI DEVELOPMENT AUTHORITY THROUGH ITS VICE CHAIRMAN & ORS.

Citation: 2024 LiveLaw (Del) 183

Observing that illegal and unauthorised construction is going in the national capital at an unprecedented scale which is unheard of, the Delhi High Court on Tuesday said that the Municipal Corporation of Delhi (MCD) and Delhi Development Authority (DDA) must put structural reforms in place to deal with the issue.

A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora said that in today's time, the MCD is continuing to use tapes and strings to seal a building which is why sealing and demolition action is not having a deterrent effect.

Delhi High Court Dismisses JMM Chief Shibu Soren's Appeal Against Single Judge Order Refusing To Interfere With Lokpal Proceedings

Case Title: SHIBU SOREN v. LOKPAL OF INDIA & ANR.

Citation: 2024 LiveLaw (Del) 184

The Delhi High Court dismissed an appeal moved by Jharkhand Mukti Morcha (JMM) Chief Shibu Soren against a single judge's order refusing to interfere with the proceedings initiated by Lokpal of India against him in connection with a disproportionate assets case.

A division bench comprising Justice Rekha Palli and Justice Rajnish Bhatnagar found no reason to interfere with the single judge's order which held that the writ petition filed by Soren was premature.

'Involves Facets Of Freedom Of Press & Right To Know': Delhi High Court Dismisses Plea To Block The Print's Article On RAW

Title: RAGHAV AWASTHI v. UNION OF INDIA & ORS.

Citation: 2024 LiveLaw (Del) 185

The Delhi High Court has dismissed a plea seeking direction on the Union Government to block an article published by digital news platform 'The Print' on Research and Analysis Wing (RAW), observing that the publication involves facets of freedom of press as well as right to know.

A division bench comprising of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora rejected a plea moved by lawyer Raghav Awasthi seeking framing of guidelines that no media outlet is permitted to publish any source-based speculation as to whether any government officer or diplomat posted abroad is working for Indian Intelligence Agency.

Should've Been Diligent About Protecting Trademark: Delhi HC Denies Plea For Additional Documents To Prove Use Of Mark After Two Years Of Filing Suit

Title: TTK PRESTIGE LIMITED v. BAGHLA SANITARYWARE PRIVATE LIMITED & ORS

Citation: 2024 LiveLaw (Del) 186

In a trademark dispute between TTK Prestige Ltd and Baghla Sanitaryware, the Delhi High Court dismissed an application by TTK Prestige Ltd seeking to submit additional documents under Order XI Rule 1(5) of the Code of Civil Procedure, 1908, while emphasizing the necessity for diligence in presenting evidence and adhering to strict deadlines under the Commercial Courts Act.

Reasonable & In Best Interest Of Child's Welfare: Delhi HC Grants One Month Parole To Life Convict For Accompanying Son To Board Examinations

Title: VIJAY DAHIYA v. STATE OF NCT OF DELHI

Citation: 2024 LiveLaw (Del) 187

The Delhi High Court has granted one month's parole to a murder convict, sentenced to life imprisonment, for accompanying his son for Board examinations, observing that his presence is both reasonable and in the best interest of the child's welfare.

Bar On Grant Of Bail Under Section 37 Of NDPS Act Can't Be Invoked Where Evidence Against Accused Is Unbelievable: Delhi High Court

Title: VINOD NAGAR v. NARCOTICS CONTROL BUREAU

Citation: 2024 LiveLaw (Del) 188

The Delhi High Court has said that the bar provided under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, cannot be invoked in a case where evidence against the accused “appears to be unbelievable” and “does not seem to be sufficient for the purpose of conviction.”

“The Courts are not expected to accept every allegation made by the prosecution as a gospel truth,” Justice Amit Mahajan said while granting bail to a man in an NDPS case.

Mere Deduction Of TDS By Donor On Grants Would Not Disentitle The NGO From Sections 11 Exemption: Delhi High Court

Case Title: Aroh Foundation Versus Commissioner Of Income Tax Exemption & Anr.

Citation: 2024 LiveLaw (Del) 189

The Delhi High Court has held that a mere deduction of TDS by a donor on grants would not disentitle the assessee-NGO from exemption under Section 11 of the Income Tax Act.

Doctrine Of Absolute Privilege Prohibits Entertainment Of Claims Against Judges, Lawyers For Statements Made During Judicial Proceedings: Delhi HC

Title: PO v. VP

Citation: 2024 LiveLaw (Del) 190

The Delhi High Court has observed that the doctrine of absolute privilege prohibits entertainment of claims made against judges, counsel, witnesses or parties qua judicial proceedings in Courts or tribunals.

A division bench comprising of Justice Rajiv Shakdher and Justice Amit Bansal said that the privilege extends to witness statements, testimonies, and documents properly used and regularly prepared for use in judicial proceedings.

Appearing On VC From Moving Vehicle Unacceptable, Undermines Formalities Of Judicial Process: Delhi High Court

Title: GLAXO GROUP LIMITED v. ANGLO-FRENCH DRUGS AND INDUSTRIES LTD. & ANR

Citation: 2024 LiveLaw (Del) 191

The Delhi High Court has recently expressed displeasure with a lawyer who joined court proceedings through virtual conferencing mode in a moving vehicle, observing that such appearance “undermines the formalities of judicial process.”

Justice Sanjeev Narula was hearing a commercial suit in which the defendant's counsel joined the proceedings through a video conferencing mechanism from a moving vehicle.

'Deceptive Similarity': Delhi HC Awards ₹12 Lakhs To Castrol In Trademark Infringement Suit Against 'Newcast Roi Racing' Engine Oil Manufacturer

Title: CASTROL LIMITED v. RAJESH KUMAR TUTEJA, TRADING AS KRISHNA INTERNATIONAL AND ANR.

Citation: 2024 LiveLaw (Del) 192

The Delhi High Court has awarded Rs. 12 lakhs as costs and damages to Castrol Limited while decreeing its suit against two individuals manufacturing engine oil products under the mark “Newcast Roi Racing.”

Justice Sanjeev Narula said that although the defendants' mark may seemingly appear distinct from Castrol, it was strategically presented in a manner that creates a deceptive similarity to the latter's registered trademark.

After Settlement, Nokia Withdraws Patent Infringement Suits Against Oppo, Vivo From Delhi High Court

Title: NOKIA TECHNOLOGIES OY v. GUANGDONG OPPO MOBILE TELECOMMUNICATIONS CORP LTD & ORS. and other connected matters

Citation: 2024 LiveLaw (Del) 193

Nokia Technologies Oy has withdrawn the patent infringement suits filed by it against Chinese smartphone manufacturers Oppo and Vivo, after a settlement was arrived at between them.

Justice Prathiba M Singh dismissed as withdrawn the suits as well as the counterclaim filed by the parties, in terms of the Litigation Settlement Agreement.

Delhi High Court Calls For Meeting To Resolve Issue Of Non-Payment Of Salaries Of Delhi Waqf Board's Imams, Muazzins Since May 2022

Title: ASLAM & ORS. v. GOVT OF NCT OF DELHI & ORS.

Citation: 2024 LiveLaw (Del) 194

The Delhi High Court has ordered for conduct of a meeting to resolve the issue of non-payment of salaries since May 2022 to the Imams, Muazzins and Muftis at the mosques registered with the Delhi Waqf Board.

Justice Sachin Datta directed the Chief Executive Officer or Administrator of the Delhi Waqf Board and the Delhi Government's Principal Secretary of Finance Department to convene a meeting and resolve the issue regarding payment of salaries.

Senior Citizens Act Can't Be Used For Settling Property Disputes: Delhi High Court

Title: MAHESHWARI DEVI v. GOVERNMENT OF NCT OF DELHI & ORS.

Citation: 2024 LiveLaw (Del) 195

The Delhi High Court has ruled that the Senior Citizens Act was enacted for the protection of the senior citizens and cannot be used for settling property disputes.

“The Senior Citizens Act, 2007 was enacted with the objective to provide a mechanism to secure maintenance and ensure welfare of senior citizens left bereft of support, financial or otherwise. The Act being a social legislation, ought to be construed liberally and its provisions should be implemented in light of the aims and objectives with which the Act was enacted, which for all intents and purposes in the immediate case herein is to ensure that a senior citizen without any semblance of support is not further deprived of the property and so that there is no threat to their life,” Justice Subramonium Prasad said.

Raising Voice Against Alleged Cruelty Does Not Mean Complainant Is Not Interested In Continuing With Marriage: Delhi High Court

Title: X v. Y

Citation: 2024 LiveLaw (Del) 196

The Delhi High Court has observed that raising a voice against alleged cruelty does not, in any way, indicate that the complainant is not interested in continuing with the marriage or is not ready to adjust.

A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna said that what is important is whether the allegations leveled are premised upon facts or concocted.

Delhi High Court Orders Expeditious Trial Of Shashvat Nadkarni's Suit Against Ex-BharatPe MD Ashneer Grover Over Unpaid Shares

Title: Shashvat Nakrani v. Ashneer Grover

Citation: 2024 LiveLaw (Del) 197

The Delhi High Court ordered an expeditious trial of the suit filed by BharatPe's co-founder Shashvat Nakrani seeking to restrain the fintech company's former Managing Director Ashneer Grover from alienating, transferring, or creating any third-party rights in the “unpaid shares” bought from him.

A division bench of Justice Rajiv Shakdher and Justice Amit Bansal requested the single judge, before whom the matter is pending, to frame issues in the suit on February 28, the date fixed for the next hearing.

Delhi High Court Orders Media Houses, Social Media Platforms To Take Down 'Defamatory Morphed Images' Of Bihar BJP MLA

Title: RV v. NAVBHARAT TIMES & ORS.

Citation: 2024 LiveLaw (Del) 198

The Delhi High Court has recently directed various media houses, social media platforms and search engines to take down allegedly defamatory and morphed images of a woman BJP MLA from Bihar.

Passing an interlocutory order in the MLA's suit, Justice Prateek Jalan directed the media houses, social media platforms and an individual, a political associate who she claimed circulated the photos, not to publish the images or other pictures of similar nature.

TDS Prosecution Can't Be Initiated Against Any Office Holder In Corporate Without Establishing Administrative Connection: Delhi High Court

Case Title: Varun Sood Versus ACIT

Citation: 2024 LiveLaw (Del) 199

The Delhi High Court has held that TDS prosecution can't be initiated against any office holder in a corporation without establishing an administrative connection.

The bench of Justice Yashwant Varma and Justice Purushaindra Kumar has observed that merely because a person holds an office in a corporate entity, it would not be sufficient to place him as a principal officer until and unless he is established to be connected with the management or administration of the company.

Arbitration Clause In Unstamped Letter Of Intent Is Valid, Independent And Binding Agreement; Delhi High Court Allows Section 11 Petition

Case Title: Swashbuckler Hospitality Pvt. Ltd. vs Avdesh Mittal & Anr.

Citation: 2024 LiveLaw (Del) 200

The Delhi High Court single bench of Justice Dinesh Kumar Sharma rejected an argument that a letter of intent was a non-binding agreement and noted that the arbitration agreement contained in the letter of intent should be treated as an independent and binding agreement. Further, it held that the referral court at Section 11 stage should not examine or impound an unstamped instrument and should leave it for determination by the arbitral tribunal.

Partial Setting Aside Of An Arbitral Award Valid U/s 34 If Part Is Independent And Doesn't Affect Other Components: Delhi High Court Allows Execution Petition

Case Title: M/s NHPC Ltd Vs M/s Jaiprakash Associates Ltd.

Citation: 2024 LiveLaw (Del) 201

The Delhi High Court single bench of Justice Jasmeet Singh held that partial setting aside of an award is valid and justified as long as the part proposed for annulment is independent and can be validly incised without affecting other components. The bench held that it held that under Section 34 of the Arbitration and Conciliation Act, 1996, when the Court considers the power to partially set aside, it does not amount to a modification or variation of the entire award.

Delhi High Court Rejects Plea To Offer Prayers On Shab-E-Barat At Site Of Demolished 600-Yr-Old Mosque In Mehrauli

Title: THE MANAGING COMMITTEE OF DELHI WAQF BOARD v. THE GOVERNMENT OF NCT (GNCT), DELHI & ORS.

Citation: 2024 LiveLaw (Del) 202

The Delhi High Court dismissed a plea seeking permission to offer prayers and visit the graves on the occasion of Shab-e-Barat at the site of recently demolished 600-year-old mosque, Masjid Akhonji, in city's Mehrauli area.

The mosque, along with Madrasa Bahrul Uloom and various graves, were demolished by the DDA on January 30.

Arbitral Award Lacking Adequate Reasoning Is Inherently Flawed With Patent Illegality: Delhi High Court Allows Section 34 Petition

Case Title: Gorkha Security Services vs Govt. Of Nct Of Delhi

Citation: 2024 LiveLaw (Del) 203

The Delhi High Court single bench of Justice Mohan Kumar Ohri held that an arbitral award lacking adequate reasoning suffers from the inherent flaw of patent illegality. It emphasized that a reasoned order should be proper, intelligible, and adequate, and failure to adhere to these standards can lead to challenges under Section 34 of the Arbitration and Conciliation Act, 1996.

Delhi High Court Dismisses Mahua Moitra's Plea To Restrain ED From Allegedly Leaking 'Confidential, Unverified Info' To Media On FEMA Probe

Title: MAHUA MOITRA v. DIRECTORATE OF ENFORCEMENT & ORS.

Citation: 2024 LiveLaw (Del) 204

The Delhi High Court dismissed the plea moved by Trinamool Congress leader Mahua Moitra seeking to restrain the Enforcement Directorate (ED) from leaking any “confidential or unverified information” to the media in relation to the investigation against her under the Foreign Exchange Management Act, 1999 (FEMA).

Arbitral Award With Internal Contradictions Is Perverse And Patently Illegal; Delhi High Court allows Section 34 Petition

Case Title: Morgan Securities & Credits Pvt Ltd. vs Samtel Display Systems Ltd.

Citation: 2024 LiveLaw (Del) 205

The Delhi High Court single bench comprising Justice Sachin Datta held that an award suffering from internal contradictions is considered perverse and patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

No Jagran Or Religious Program Will Be Held In Kalkaji Temple Without Permission: Delhi High Court After Accident Resulting In Lady's Death

Case Title: NEETA BHARDWAJ & ORS. v. KAMLESH SHARMA

Citation: 2024 LiveLaw (Del) 206

The Delhi High Court has ordered that no jagran or religious program will be held in the premises of city's Kalkaji mandir without permission of the Administrator, who has been appointed by the Court and given full management and control of the temple.

'Freedom Of Movement Is Police's Problem, Court Can't Take Cognizance': High Court On Delhi University's Plea Against Protest By Professor

Title: UNIVERSITY OF DELHI v. COMMISSIONER OF POLICE & ANR.

Citation: 2024 LiveLaw (Del) 207

The Delhi High Court disposed of a plea moved by the Delhi University against protests carried out by Dr. Ritu Singh, a former professor of the varsity, and her followers in the North Campus.

Delhi High Court Objects To Filing Of Appeal On Behalf Of 'Missing' Person, Says Such Practice Can Lead To Catastrophic Consequences

Title: RAKESH KUMAR SHARMA v. MOTHER DAIRY FRUIT & VEGETABLES PVT LTD

Citation: 2024 LiveLaw (Del) 208

The Delhi High Court has recently objected to the filing of an appeal on behalf of a person who went missing even before the impugned order was passed by the trial court, observing that such practice, if allowed, can lead to catastrophic consequences.

Denying Benefits To Construction Workers Citing Their Failure To Pay Contribution To Renew Registration Is Incorrect: Delhi High Court

Title: NATIONAL CAMPAIGN COMMITTEE FOR CENTRAL LEGISLATION ON CONSTRUCTION LABOUR v. DELHI BUILDING AND OTHER CONSTRUCTION WORKERS BOARD

Citation: 2024 LiveLaw (Del) 209

The Delhi High Court has ruled that denial of benefits to construction workers by the Delhi Building & Other Construction Workers Welfare Board on the ground that the worker has failed to pay contribution to renew his or her registration after the validity of the registration has come to an end is incorrect.

Provide Assistance To Hazrat Baqi Billah Mosque's Imam, Ensure Unhindered Observance Of 'Shab-E-Barat': High Court To Delhi Police

Title: MOHD. ARSHAD AHMAD v. PRAMOD CHAUHAN SHO P.S. NABI KARIM

Citation: 2024 LiveLaw (Del) 210

The Delhi High Court has directed the Delhi Police to provide police assistance to the Imam of Masjid Dargah of Hazrat Khwaja Baqi Billah, situated in the city's Paharganj area, and to ensure that the festival of Shab-e-Baraat is carried out unhindered.

AO Lacks Jurisdiction To Pass Draft Assessment Order In Absence Of " Any Variation In Income Or Loss ": Delhi High Court

Case Title: The Commissioner Of Income Tax - International Taxation Versus S.A.Chitra Ventures Ltd.

Citation: 2024 LiveLaw (Del) 211

The Delhi High Court has held that the AO, under Section 144C of the Income Tax Act, would have no jurisdiction to pass a draft assessment order in the absence of "any variation in the income or loss returned," which is prejudicial to the interest of the assessee.

No Need For Notice To Invoke Fresh Arbitration Where Analogous Arbitral Proceedings Going: Delhi High Court Allows Section 11(6) Petition

Case Title: Prime Interglobe Private Limited vs Super Milk Products Private Limited

Citation: 2024 LiveLaw (Del) 212

The Delhi High Court single bench of Justice Manoj Kumar Ohri held that in cases where there are analogous arbitration proceedings related to other agreements, there is no need to invoke fresh arbitration by issuing a notice under Section 21 of the Arbitration Act. It held that there isn't a notice requirement under Section 11(6) of the Arbitration and Conciliation Act, 1996.

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.