Delhi High Court Weekly Round-Up: July 08 To July 14, 2024

Citations 2024 LiveLaw (Del) 756 to 2024 LiveLaw (Del) 783

NOMINAL INDEX

SUBLIME SOFTWARE LTD. v. UNION OF INDIA 2024 LiveLaw (Del) 756

HARISH RANA v. UNION OF INDIA & ORS. 2024 LiveLaw (Del) 757

RAJAN TEWARI v. DURGESH KUMAR PATHAK & ANR 2024 LiveLaw (Del) 758

CAPTAIN DEEPAK KUMAR v. COMPETITION COMMISSION OF INDIA AND ORS. 2024 LiveLaw (Del) 759

Delhi Medical Association & Anr. vs. Govt NCT of Delhi & Ors. 2024 LiveLaw (Del) 760

CONFEDERATION OF NGOS & ANR. V/s UNION OF INDIA & ORS. 2024 LiveLaw (Del) 761

Ajay Gautam v. DCPCR & Ors. 2024 LiveLaw (Del) 762

COURT ON ITS OWN MOTION v. PRADEEP AGGARWAL 2024 LiveLaw (Del) 763

Growth Techno Projects Limited Vs Ishwar Industries Limited 2024 LiveLaw (Del) 764

GUJARAT OPERATIONAL CREDITORS ASSOCIATION v. NATIONAL COMPANY LAW TRIBUNAL & ORS. 2024 LiveLaw (Del) 765

Amit Sharma vs. Sugandha Sharma 2024 LiveLaw (Del) 766

DHARAMPAL SATYAPAL LIMITED AND ANR v. UNION OF INDIA THROUGH SECRETARY 2024 LiveLaw (Del) 767

BANTU v. STATE GOVT OF NCT OF DELHI 2024 LiveLaw (Del) 768

VINOD v. STATE N.C.T. OF DELHI 2024 LiveLaw (Del) 769

SHABNAM BURNEY v. UNION OF INDIA AND ORS 2024 LiveLaw (Del) 770

Rajat Sharma v. X Corp & Ors. 2024 LiveLaw (Del) 771

Deepa Chawla Vs Raheja Developers Ltd 2024 LiveLaw (Del) 772

Mukesh Khurana Vs Rahul Chaudhary 2024 LiveLaw (Del) 773

BIBHAV KUMAR v. STATE OF NCT OF DELHI 2024 LiveLaw (Del) 774

New Okhla Industrial Development Authority Versus Union Of India & Ors. 2024 LiveLaw (Del) 775

PCIT Versus Samsung India Electronics Pvt. Ltd. 2024 LiveLaw (Del) 776

Lily Packers Private Limited Vs Vaishnavi Vijay Umak and connected matters 2024 LiveLaw (Del) 777

GJ (JV) Comprising of M/S Godara Construction Company M/S Jandu Construction India Pvt. Ltd. Vs Union Of India 2024 LiveLaw (Del) 778

Kamla Vohra Versus Sales Tax Officer 2024 LiveLaw (Del) 779

Murari Lal Agarwal Vs Kmc Construction Limited & Ors. 2024 LiveLaw (Del) 780

M/S Dhawan Box Sheet Containers Pvt Ltd Vs M/S Sel Manufacturing Co Ltd 2024 LiveLaw (Del) 781

Nafees Ahmed Vs Delhi Tourism And Transportation Development Corporation Ltd 2024 LiveLaw (Del) 782

BPT Infra Project Pvt. Ltd. Vs Indraprastha Ice And Cold Storage Pvt. Ltd. 2024 LiveLaw (Del) 783

Delhi High Court Rejects Plea Against Blocking Of 'Briar' Messaging App In Jammu & Kashmir Over Terror Suspicion

Title: SUBLIME SOFTWARE LTD. v. UNION OF INDIA

Citation: 2024 LiveLaw (Del) 756

The Delhi High Court has dismissed a plea against the blocking of open-source messaging application “Briar” by the Union Government in Jammu and Kashmir over threat to national security and sovereignty.

Justice Subramonium Prasad rejected the plea moved by Sublime Software Limited which developed the app challenging the Union Government's blocking order.

Delhi High Court Dismisses Plea To Examine 30-Yr-Old's Health Condition For Administration Of Passive Euthanasia

Title: HARISH RANA v. UNION OF INDIA & ORS.

Citation: 2024 LiveLaw (Del) 757

The Delhi High Court has dismissed a plea moved by a 30 years old man seeking constitution of a Medical Board to examine his health condition for administration of passive euthanasia.

Justice Subramonium Prasad rejected the plea moved by the man who suffered head injuries after falling from the fourth floor of his paying guest house and has been confined to his bed since 2013 due to diffuse axonal injury with Permanent Vegetative state, Quadriplegia with 100% disability.

Delhi High Court Refuses To Reject Plea Challenging Election Of AAP's Durgesh Pathak In Assembly Bypolls 2022

Title: RAJAN TEWARI v. DURGESH KUMAR PATHAK & ANR

Citation: 2024 LiveLaw (Del) 758

The Delhi High Court has refused to reject a plea challenging the election of Aam Aadmi Party leader Durgesh Kumar Pathak in the Assembly by-elections of 2022.

Pathak was declared as a winner from Rajinder Nagar constituency by defeating his nearest rival by a margin of 11,468 votes.

Delhi High Court Dismisses Plea Alleging 'Cartelization' In Air India-Vistara Merger

Title: CAPTAIN DEEPAK KUMAR v. COMPETITION COMMISSION OF INDIA AND ORS.

Citation: 2024 LiveLaw (Del) 759

The Delhi High Court has recently dismissed a plea against the merger of Vistara Airlines and Air India Limited over allegations of cartelization and bid rigging.

Justice Sanjeev Narula rejected the plea moved by former Air India Pilot, Captain Deepak Kumar, observing that the allegations are unsubstantiated and not supported by any evidence.

Safety Of Patients, Staff Is Of Paramount Importance: Delhi High Court Directs Inspection Of Nursing Homes For Fire Safety Compliance

Case title: Delhi Medical Association & Anr. vs. Govt NCT of Delhi & Ors.

Citation: 2024 LiveLaw (Del) 760

The Delhi High Court has directed the Directorate General of Health Services, Delhi Fire Service and Delhi Development Authority to form a Joint Committee and immediately inspect the private nursing homes to demine whether they are following fire safety norms or not.

"No Public Interest": Delhi High Court Rejects PIL Seeking Action Against Dalai Lama For Kissing Minor Boy On Lips

Title: CONFEDERATION OF NGOS & ANR. V/s UNION OF INDIA & ORS.

Citation: 2024 LiveLaw (Del) 761

The Delhi High Court has rejected a public interest litigation (PIL) seeking action against Dalai Lama allegedly molesting a boy child by kissing on his lips in February last year.

A division bench comprising of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela took judicial notice of the fact that Dalai Lama has expressed his apology to those who have been offended by his action.

Ensure Publicity Of Child Helpline Number To Deal With Child Begging: Delhi High Court To Authorities

Title: Ajay Gautam v. DCPCR & Ors.

Citation: 2024 LiveLaw (Del) 762

The Delhi High Court has directed the Delhi Government and the Delhi Police to ensure that publicity is given to the child helpline number 1098 to deal with incidents of child begging in the national capital.

A division bench comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela disposed of a PIL filed by Ajay Gautam seeking requisite steps to eradicate the problem of child beggary and related problems in and around Delhi.

Contempt: Delhi High Court Sentences Man To 'Sit In Court Till Rising', Imposes ₹1 Lakh Fine

Title: COURT ON ITS OWN MOTION v. PRADEEP AGGARWAL

Citation: 2024 LiveLaw (Del) 763

Holding a man guilty of contempt for filing a writ petition for “personal gain”, the Delhi High Court has sentenced him “remain present in the Court till its rising”.

A division bench of Justice Prathiba M Singh and Justice Amit Sharma ordered the sentencing considering the man's medical condition, age and the fact that he expressed remorse and apologised for his conduct.

Time From Filing Section 34 Petition To 2015 Amendment Excluded From Limitation Period For Enforcing Arbitral Awards: Delhi High Court

Case Title: Growth Techno Projects Limited Vs Ishwar Industries Limited

Citation: 2024 LiveLaw (Del) 764

The Delhi High Court bench of Justice Jasmeet Singh has held the time period starting from the filing of the petition under Section 34 of the Arbitration Act till the amendment to the Arbitration Act in 2015, stands excluded from the counting of the limitation period for the enforcement of the arbitral award.

Delhi High Court Requests NCLAT Chairperson To Examine Viability Of Recording Of Proceedings Before NCLT Benches, NCLAT

Title: GUJARAT OPERATIONAL CREDITORS ASSOCIATION v. NATIONAL COMPANY LAW TRIBUNAL & ORS.

Citation: 2024 LiveLaw (Del) 765

The Delhi High Court has requested the Chairperson of National Company Law Appellate Tribunal (NCLAT) to examine the viability of recording of proceedings of National Company Law Tribunal (NCLT) benches across the country as well as the former.

Non-Custodial Parent Must Have Visitation Rights To Ensure Contact With Child, Joint Parenting A Norm: Delhi High Court

Case title: Amit Sharma vs. Sugandha Sharma

Citation: 2024 LiveLaw (Del) 766

The Delhi High Court has observed that in custody matters, a parent without the custody of their child is entitled to visitation rights so as to maintain the bond with their child. The Court stated that joint parenting is the norm and emphasised that the best interest of the child needs to be taken into consideration while determining custody.

Delhi High Court Upholds FSSAI Regulation To Enhance Statutory Warning Size On Pan Masala Packages

Title: DHARAMPAL SATYAPAL LIMITED AND ANR v. UNION OF INDIA THROUGH SECRETARY

Citation: 2024 LiveLaw (Del) 767

The Delhi High Court has upheld the Regulation issued by Food Safety and Standards Authority of India (FSSAI) in October 2022 enhancing the size of statutory warning on pan masala packages from 3mm to 50% of front-of-pack of the label.

A division bench comprising of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora dismissed the plea filed by Dharampal Satyapal Limited, licensed manufacturer of Pan Masala brands namely, Rajnigandha, Tansen, and Mastaba.

BNSS Heralds A 'Transformative Era' In Criminal Justice, Promotes Transparent System Aligned With Principles Of Fairness: Delhi High Court

Title: BANTU v. STATE GOVT OF NCT OF DELHI

Citation: 2024 LiveLaw (Del) 768

The Delhi High Court has observed that the Bharatiya Nagarik Suraksha Sanhita (BNSS), which replaced the British-era Code of Criminal Procedure, heralds a transformative era in the criminal justice.

Police Must Commence Investigation Immediately In Missing Children Cases Without Waiting For 24 Hours: Delhi High Court

Title: VINOD v. STATE N.C.T. OF DELHI

Citation: 2024 LiveLaw (Del) 769

The Delhi High Court has directed all the police stations in the national capital to ensure that there shall be no waiting period for 24 hours to start inquiry or investigation in cases of missing children.

Delhi High Court Directs DDA Vice Chairman To Remove Encroachments, Illegal Construction On Yamuna River Bank

Title: SHABNAM BURNEY v. UNION OF INDIA AND ORS

Citation: 2024 LiveLaw (Del) 770

The Delhi High Court has directed the Vice Chairman of Delhi Development Authority (DDA) to remove all the encroachments and illegal construction on the Yamuna river bank, river bed and drains flowing into the river.

Delhi High Court Directs Congress Leaders To Immediately Delete 'Defamatory Tweets' Against Rajat Sharma

Title: Rajat Sharma v. X Corp & Ors.

Citation: 2024 LiveLaw (Del) 771

The Delhi High Court has directed Congress leaders Ragini Nayak, Jairam Ramesh and Pawan Khera to immediately delete “defamatory tweets” against senior journalist Rajat Sharma latest by 7 PM today, in compliance of an interim order passed on June 14.

Arbitration Clauses Require Explicit Reference In Subsequent Agreements: Delhi High Court

Case Title: Deepa Chawla Vs Raheja Developers Ltd

Citation: 2024 LiveLaw (Del) 772

The Delhi High Court bench of Justice Jasmeet Singh has held that for an arbitration clause to be enforceable in subsequent agreements, it must be explicitly referenced within those agreements.

Arbitration Clause In Lease Agreement Invalidated By Subsequent Verbal Agreement: Delhi High Court

Case Title: Mukesh Khurana Vs Rahul Chaudhary

Citation: 2024 LiveLaw (Del) 773

The Delhi High Court bench of Justice Manoj Jain has held that the arbitration clause in a lease agreement ceases to exist if the lease terminates and a new verbal tenancy agreement is established.

Swati Maliwal Assault Case: Delhi High Court Denies Bail To Accused Bibhav Kumar

Title: SH. BIBHAV KUMAR v. STATE OF NCT OF DELHI

Citation: 2024 LiveLaw (Del) 774

The Delhi High Court has denied bail to Chief Minister Arvind Kejriwal's close aide Bhibhav Kumar in the alleged Swati Maliwal assault case.

Justice Anoop Kumar Mendiratta rejected Kumar's bail plea, observing that though he happens to be only designated as a personal secretary to the Chief Minister but he yields considerable influence.

Loans Extended By NOIDA Is Not Commercial Activity, Eligible For Section 10(46) Exemption: Delhi High Court

Case Title: New Okhla Industrial Development Authority Versus Union Of India & Ors.

Citation: 2024 LiveLaw (Del) 775

The Delhi High Court has held that the loans and advances extended by the New Okhla Industrial Development Authority (NOIDA) are not commercial activities and are eligible for exemption under Section 10(46) of the Income Tax Act.

TPO Lacks Jurisdiction To Question Commercial Expediency Or Genuineness Of Need: Delhi High Court

Case Title: PCIT Versus Samsung India Electronics Pvt. Ltd.

Citation: 2024 LiveLaw (Del) 776

The Delhi High Court has held that the statutory authority conferred upon the Transfer Pricing Officer (TPO) can only extend to an examination of the appropriateness of the method adopted for the purposes of determining arm's length pricing (ALP) or evaluating the enlistment of comparables. However, the TPO would neither be justified nor could it be countenanced to have the jurisdiction to question commercial expediency or genuineness of need.

Disputes Related To Lock-In Periods In Employment Contracts Are Arbitrable: Delhi High Court

Case Title: Lily Packers Private Limited Vs Vaishnavi Vijay Umak and connected matters

Citation: 2024 LiveLaw (Del) 777

The Delhi High Court bench of Justice Prathiba M. Singh has held that disputes relating to lock-in periods that apply during the subsistence of employment contracts are arbitrable under the Arbitration and Conciliation Act, 1996.

Arbitrator Panel Restricting Nominee Selection To Railways' Officers and Suggested Names Is Not Valid: Delhi High Court

Case Title: GJ (JV) Comprising of M/S Godara Construction Company M/S Jandu Construction India Pvt. Ltd. Vs Union Of India

Citation: 2024 LiveLaw (Del) 778

The Delhi High Court bench of Justice Prateek Jalan has held that panel comprising of serving or retired officers of Railways not only restricted the party's choice but also compelled it to choose its nominee from amongst four names suggested by the Railways.

Uploading Of Notices By GST Department Under Heading 'Additional Notices' Is Sufficient Service: Delhi High Court

Case Title: Kamla Vohra Versus Sales Tax Officer

Citation: 2024 LiveLaw (Del) 779

The Delhi High Court has held that the uploading of notices by the GST department under the heading 'additional notices' amounts to sufficient service.

Specific Reference To Arbitration Clause Needed In 'Two-Contract Case' For Incorporation: Delhi High Court

Case Title: Murari Lal Agarwal Vs Kmc Construction Limited & Ors.

Citation: 2024 LiveLaw (Del) 780

The Delhi High Court bench of Justice Prateek Jalan has held that in a 'two-contract case', a specific reference to the arbitration clause in an earlier contract is necessary for its incorporation into the main contract between the parties.

A 'two-contract case' refers to a situation where there are two separate contracts involved and the parties seek to incorporate terms, including an arbitration clause, from one contract into another.

Invoices Containing Arbitration Clauses Which Show Mutual Acceptance Are Prima Facie Arbitration Agreement: Delhi High Court

Case Title: M/S Dhawan Box Sheet Containers Pvt Ltd Vs M/S Sel Manufacturing Co Ltd

Citation: 2024 LiveLaw (Del) 781

The Delhi High Court bench of Justice Prateek Jalan has held that when parties engage in actions based on invoices containing arbitration clauses, demonstrating mutual acceptance, an arbitration agreement may be inferred directly from those invoices.

Coercion In Disputes Must Be Examined By Arbitral Tribunal, Referral Court's Jurisdiction Limited By Section 11(6A): Delhi High Court

Case Title: Nafees Ahmed Vs Delhi Tourism And Transportation Development Corporation Ltd

Citation: 2024 LiveLaw (Del) 782

The Delhi High Court bench of Justice C. Hari Shankar has held that coercion, or its absence in a dispute is a complex question, purely of fact, which has necessarily to be examined by the arbitral tribunal. The bench held that with the introduction of sub-Section 6(A) in Section 11, the jurisdiction of the referral court is now circumscribed.

Arbitrator Not Required To Provide Detailed Reasons When Granting Request To Summon Witnesses Under Section 27(1) of Arbitration Act: Delhi High Court

Case Title: BPT Infra Project Pvt. Ltd. Vs Indraprastha Ice And Cold Storage Pvt. Ltd.

Citation: 2024 LiveLaw (Del) 783

The Delhi High Court bench of Justice C. Hari Shankar has held that while exercising power under Section 27(1) of the Arbitration and Conciliation Act, 1996 to grant a request to summon a witness, the arbitrator is not required to offer detailed reasons when granting such a request.