Delhi High Court Weekly Round-Up: July 01 To July 07, 2024

Citations 2024 LiveLaw (Del) 734 to 2024 LiveLaw (Del) 755

NOMINAL INDEX

LAKSHMI MURDESHWAR PURI v. SAKET GOKHALE 2024 LiveLaw (Del) 734

K Kavitha v. CBI, ED 2024 LiveLaw (Del) 735

Bibhav Kumar v. State 2024 LiveLaw (Del) 736

RAKESH YADAV & ORS. v. STATE OF NCT OF DELHI & ANR. 2024 LiveLaw (Del) 737

X Corp v. Rajat Sharma 2024 LiveLaw (Del) 738

CAPTAIN DEEPAK KUMAR v. ELECTION COMMISSION OF INDIA 2024 LiveLaw (Del) 739

COURT ON ITS OWN MOTION v. STATE OF NCT OF DELHI 2024 LiveLaw (Del) 740

CA RAKESH KUMAR GUPTA v. SUPREME COURT OF INDIA THROUGH SECRETARY GENERAL 2024 LiveLaw (Del) 741

PINTU DAS v. STATE GOVT OF NCT OF DELHI 2024 LiveLaw (Del) 742

DONGGUAN HUALI INDUSTRIES CO. LTD vs. ANAND AGGARWAL AND ORS 2024 LiveLaw (Del) 743

ASHOK KUMAR v. STATE & ANR. 2024 LiveLaw (Del) 744

M/S KG MARKETING INDIA v. MS. RASHI SANTOSH SONI & ANR. 2024 LiveLaw (Del) 745

International Management Group (Uk) Limited Versus Commissioner Of Income Tax-2, International Taxation, New Delhi 2024 LiveLaw (Del) 746

Social Jurist v. Gnctd & Ors. 2024 LiveLaw (Del) 747

Pr. Commissioner Of Income Tax -Central -1 Versus Maharaji Education Trust 2024 LiveLaw (Del) 748

DELL INTERNATIONAL SERVICES INDIA PRIVATE LIMITED v. ADEEL FEROZE & ORS. 2024 LiveLaw (Del) 749

HARINDERJIT SINGH v. DISCIPLINARY COMMITTEE BENCH III THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA & ANR. and other connected matters 2024 LiveLaw (Del) 750

SAURAV CHAUDHARY v. UNION OF INDIA & ANR. 2024 LiveLaw (Del) 751

Harsh Dhanuka HUF Versus PCIT 2024 LiveLaw (Del) 752

Aarti Fabricott Private Limited Versus Income Tax Officer, Ward 1(1), Delhi & Anr. 2024 LiveLaw (Del) 753

TESLA INC. v. TESLA POWER INDIA PRIVATE LIMITED & ORS. 2024 LiveLaw (Del) 754

MRS. R. v. THE PRINCIPAL SECRETARY HEALTH AND FAMILY WELFARE DEPARTMENT & ORS. 2024 LiveLaw (Del) 755

Delhi High Court Orders TMC MP Saket Gokhale To Pay Rs 50 Lakh Damages For Defamatory Tweets Against Lakshmi Puri

Title: LAKSHMI MURDESHWAR PURI v. SAKET GOKHALE

Citation: 2024 LiveLaw (Del) 734

The Delhi High Court has directed All India Trinamool Congress MP Saket Gokhale to pay Rs. 50 lakhs damages to former Indian Assistant Secretary-General to the United Nations, Lakshmi Puri, in her defamation suit against him.

Gokhale in his tweets had referred to a property purchased by Puri in Switzerland and raised questions regarding her and her husband, Union Minister Hardeep Puri's assets. He had also tagged Finance Minister Nirmala Sitaraman in the tweets and sought an ED inquiry.

Delhi High Court Denies Bail To BRS Leader K Kavitha In CBI, ED Cases Relating To Alleged Liquor Policy Scam

Title: K Kavitha v. CBI, ED

Citation: 2024 LiveLaw (Del) 735

The Delhi High Court has denied bail to BRS leader K Kavitha in the money laundering and corruption cases related to the alleged liquor policy scam.

Justice Swarana Kanta Sharma rejected Kavitha's pleas seeking bail in the cases registered by Central Bureau of Investigation (CBI) and Enforcement Directorate (ED).

Bibhav Kumar's Challenge To Arrest In Swati Maliwal Assault Case Maintainable: High Court Issues Notice To Delhi Police

Title: Bibhav Kumar v. State

Citation: 2024 LiveLaw (Del) 736

The Delhi High Court has accepted the maintainability of a plea filed by Delhi Chief Minister Arvind Kejriwal's aide Bhibhav Kumar challenging his arrest in the alleged Swati Maliwal assault case.

Justice Swarana Kanta Sharma pronounced the order which was reserved for judgment on May 31. Notice has been issued to the Delhi Police.

Quashing Sexual Violence Cases Based On Monetary Payments Would Imply 'Justice Is For Sale': Delhi High Court

Title: RAKESH YADAV & ORS. v. STATE OF NCT OF DELHI & ANR.

Citation: 2024 LiveLaw (Del) 737

The Delhi High Court has observed that criminal cases involving allegations of sexual violence cannot be quashed on the basis of monetary payments as doing so would imply that “justice is for sale.”

Justice Swarana Kanta Sharma made the observation while rejecting a plea moved by a rape accused seeking quashing of an FIR registered by a woman on the ground that the matter was amicably settled between the parties and that she agreed to settle her claims for Rs. 1.5 lakhs.

'You'll Have To Comply': Delhi HC To X Corp In Appeal Against Single Judge Direction To Remove Tweets Against Journalist Rajat Sharma

Title: X Corp v. Rajat Sharma

Citation: 2024 LiveLaw (Del) 738

X Corp. (formerly Twitter) has moved the Delhi High Court against a single judge order which directed removal of tweets made by Congress leaders Ragini Nayak, Jairam Ramesh and Pawan Khera alleging that senior journalist Rajat Sharma used abusive language on air during a show on the election result day.

The court, with the consent of both the parties, clarified that the single judge order is an ad interim order and that the injunction application will be taken up by the single judge for hearing and disposal on July 11.

'Needs Medical Help': Delhi High Court Raps Litigant Who Sought Disqualification Of Prime Minister Narendra Modi From Contesting Elections

Title: CAPTAIN DEEPAK KUMAR v. ELECTION COMMISSION OF INDIA

Citation: 2024 LiveLaw (Del) 739

The Delhi High Court has dismissed an appeal against a single judge order rejecting a plea seeking disqualification of Prime Minister Narendra Modi from contesting the Lok Sabha elections.

A division bench comprising of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela rejected the appeal filed by Captain Deepak Kumar.

Upper Side Of Age Must Be Considered In POCSO Cases Where Victim's Age Is Estimated Through Bone Ossification Test: Delhi High Court

Title: COURT ON ITS OWN MOTION v. STATE OF NCT OF DELHI

Citation: 2024 LiveLaw (Del) 740

The Delhi High Court has ruled that in cases under the POCSO Act, the court is required to consider the upper side of the estimated age of the victim where the age of is proved through bone age ossification test.

“In such cases of sexual assault, wherever, the court is called upon to determine the age of victim based on "bone age ossification report", the upper age given in "reference range‟ be considered as age of the victim,” a division bench comprising of Justice Suresh Kumar Kait and Justice Manoj Jain observed.

SC Collegium's Reasons For Rejecting HC Judges' Appointment If Published, Will Be Detrimental To Those Whose Names Were Recommended: Delhi HC

Title: CA RAKESH KUMAR GUPTA v. SUPREME COURT OF INDIA THROUGH SECRETARY GENERAL

Citation: 2024 LiveLaw (Del) 741

The Delhi High Court recently observed that publication of reasons by the Supreme Court Collegium for rejection of the recommendations made by the High Court Collegium for elevation of Judges to the High Court will be detrimental to the interests and standing of people whose names have been recommended by the High Courts.

A division bench headed by Acting Chief Justice Manmohan said that the collegium deliberates and decides on the basis of information which is private to the individual being considered.

Judiciary Taking Firm Stand Against Child Sexual Harassment Encourages Victims, Their Families To Report Crimes: Delhi High Court

Title: PINTU DAS v. STATE GOVT OF NCT OF DELHI

Citation: 2024 LiveLaw (Del) 742

The Delhi High Court has observed that when the judiciary takes a firm stand against child sexual harassment, it encourages victims and their families to report such crimes and reduces the stigma associated with seeking justice and ensuring that cases are handled with the utmost seriousness.

Justice Swarana Kanta Sharma said that victim and victim's family shaming must not be allowed as it will be a deterrent and road block in the real victims reporting such offences to the authorities.

Trademark Registration Does Not Confer Immunity From Challenges, When Allegations Of Passing Off Are Substantiated: Delhi High Court

Case Title: DONGGUAN HUALI INDUSTRIES CO. LTD vs. ANAND AGGARWAL AND ORS

Citation: 2024 LiveLaw (Del) 743

Finding that the contents of the plaint sufficiently demonstrate the Plaintiff's rights in the trademark “HUALI”, as well as their prior and extensive use of the same, the Delhi High Court held that the Plaintiff holds the seniority in usage rights of the “HUALI” trademark.

Therefore, the High Court restrained the Defendants from manufacturing, selling, exporting, offering for sale, advertising/ displaying, directly or indirectly, their products under the trademark “HUALI”.

Litigants Keeping Disputes Alive For Malafide Reasons Has Tendency Of Keeping Courts' Docket Heavy: Delhi High Court

Title: ASHOK KUMAR v. STATE & ANR.

Citation: 2024 LiveLaw (Del) 744

The Delhi High Court has recently said that the conduct of the litigants to keep the dispute alive for mala fide reasons has the tendency of keeping the docket of the Courts heavy to the detriment of other litigants whose cases have been pending for years.

Justice Amit Mahajan made the observation while quashing two complaints filed in 2016 under the Negotiable Instruments Act, 1881 against a man.

Delhi High Court Refers To Bhartiya Nagrik Suraksha Sanhita For First Time While Dealing With Forgery In Trademark Dispute

Title: M/S KG MARKETING INDIA v. MS. RASHI SANTOSH SONI & ANR.

Citation: 2024 LiveLaw (Del) 745

The Delhi High Court has referred to Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS) for the first time after it came into effect on July 01, while dealing with the issue of forgery and fabrication of documents by a party in a trademark infringement dispute.

In a ruling passed on July 02, Justice Prathiba M Singh dealt with a suit wherein two newspaper advertisements relied upon by the plaintiff, KG Marketing, were forged and fabricated.

Services Provided By IMG Utilized By BCCI Outside India, Income Not Liable To Be Taxed: Delhi High Court

Case Title: International Management Group (Uk) Limited Versus Commissioner Of Income Tax-2, International Taxation, New Delhi

Citation: 2024 LiveLaw (Del) 746

The Delhi High Court has held that services provided by International Management Group (IMG) are utilized by the Board of Control for Cricket in India (BCCI) outside India, so the income determined as Fee for Technical Services (FTS) cannot be deemed to accrue in India and therefore cannot be taxed in India.

High Court Appreciates Delhi Govt's DoE For Distributing Textbooks In All Govt Schools

Title: Social Jurist v. Gnctd & Ors.

Citation: 2024 LiveLaw (Del) 747

The Delhi High Court has appreciated the Delhi Government's Directorate of Education for complete distribution of textbooks in all the government schools in the national capital.

Accordingly, the court closed the PIL filed by NGO Social Jurist, arguing that students in the MCD schools are being deprived of statutory benefits like uniform, writing material, notebooks etc.

Order Of ITSC Final And Conclusive For AY For Which Application Has Been Filed: Delhi High Court

Case Title: Pr. Commissioner Of Income Tax -Central -1 Versus Maharaji Education Trust

Citation: 2024 LiveLaw (Del) 748

The Delhi High Court has held that the order of the Income Tax Settlement Commission (ITSC) is final and conclusive for a particular assessment year (AY) for which the application has been filed.

WhatsApp Conversations Can't Be Read As Evidence Without Mandatory Certificate Under Evidence Act: Delhi High Court

Title: DELL INTERNATIONAL SERVICES INDIA PRIVATE LIMITED v. ADEEL FEROZE & ORS.

Citation: 2024 LiveLaw (Del) 749

The Delhi High Court has observed that WhatsApp conversations cannot be read as evidence without there being a proper certificate as mandated under the Evidence Act, 1872.

Justice Subramonium Prasad was dealing with a plea moved by Dell International Services India Private Limited challenging an order passed by the Delhi State Consumer Dispute Redressal Commission upholding the District Commission's order refusing to take on record its written statement on the ground that it was filed beyond the period of limitation.

Need To Enhance Disciplinary Mechanisms Against CA Firms, ICAI Must Be Strengthened By Notifying 2022 Amendment Act: Delhi High Court

Title: HARINDERJIT SINGH v. DISCIPLINARY COMMITTEE BENCH III THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA & ANR. and other connected matters

Citation: 2024 LiveLaw (Del) 750

The Delhi High Court has observed that there is a need for enhancing and strengthening the disciplinary mechanisms against firms of Chartered Accountants (CAs) as well as to enhance the accountability and transparency of such firms.

Justice Prathiba M Singh said there is an imminent need for strengthening the Institute of Chartered Accountants of India (ICAI) by expeditiously notifying the amendments passed by the Chartered Accountants, the Cost and Works Accountants and the Company Secretaries (Amendment) Act, 2022.

Prepare And Notify Code Of Conduct To Regulate Patent And Trademark Agents Within 6 Months: Delhi High Court To CGPDTM

Title: SAURAV CHAUDHARY v. UNION OF INDIA & ANR.

Citation: 2024 LiveLaw (Del) 751

The Delhi High Court has asked the Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM) to prepare a draft Code of Conduct to regulate Patent and Trademark Agents and to put it on its website within two months for stakeholder consultation.

Justice Prathiba M Singh directed that the Code of Conduct be then notified within six months and latest by December 31.

ITSC Empowered To Make Income Tax Addition: Delhi High Court

Case Title: Harsh Dhanuka HUF Versus PCIT

Citation: 2024 LiveLaw (Del) 752

The Delhi High Court has held that the Income Tax Settlement Commission (ITSC) does not lack jurisdiction to make an addition, which has also been duly recorded in the terms of settlement.

AO Can't Review Its Own Order: Delhi High Court

Case Title: Aarti Fabricott Private Limited Versus Income Tax Officer, Ward 1(1), Delhi & Anr.

Citation: 2024 LiveLaw (Del) 753

The Delhi High Court has held that the Assessing Officer (AO) cannot review its own order.

The bench of Justice Yashwant Varma and Justice Purushaindra Kumar Kaurav has observed in the extract of the impugned corrigendum that no new material has been found by the department, which would warrant reopening the assessment.

Delhi High Court Refers Elon Musk Owned Tesla's Trademark Infringement Suit Against Gurugram-Based 'Tesla Power India' To Mediation

Title: TESLA INC. v. TESLA POWER INDIA PRIVATE LIMITED & ORS.

Citation: 2024 LiveLaw (Del) 754

The Delhi High Court has referred to mediation the trademark infringement suit filed by Tesla Inc., owned by Elon Musk, against a Gurugram-based company, Tesla Power India Private Limited and its US counterpart.

Medical Professionals Must Offer Expert Opinions Without Fear Of Legal Repercussions In MTP Cases: Delhi High Court

Title: MRS. R. v. THE PRINCIPAL SECRETARY HEALTH AND FAMILY WELFARE DEPARTMENT & ORS.

Citation: 2024 LiveLaw (Del) 755

The Delhi High Court has observed that in cases seeking medical termination of pregnancy (MTP), medical professionals in the medical board must offer their expert opinions without fear of legal repercussions.

Justice Sanjeev Narula said that medical professionals must focus on providing the best possible medical guidance in such sensitive matters.

“The Court must therefore before parting emphasise that the opinion of the Medical Board in such cases of termination of pregnancy is of considerable importance for assisting the Courts in arriving at a just order,” the court said.