Delhi High Court Weekly Round-Up: July 22 To July 28, 2024

Citations 2024 LiveLaw (Del) 811 to 2024 LiveLaw (Del) 851

NOMINAL INDEX

Phonographic Performance Limited vs Al-Hamd Tradenation 2024 LiveLaw (Del) 811

DHANYA RAJENDRAN & ANR. v. GALAXY ZOOM INDIA OVT LTD & ORS. 2024 LiveLaw (Del) 812

CIT Versus A.T. Kearney Ltd. 2024 LiveLaw (Del) 813

Priyam Sharma vs. State NCT of Delhi 2024 LiveLaw (Del) 814

COMMISSIONER OF POLICE AND ANR v. RAVINA YADAV AND ANR 2024 LiveLaw (Del) 815

Kismatun v. State 2024 LiveLaw (Del) 816

Anjali Birla v. X Corp. and Ors. 2024 LiveLaw (Del) 817

M/s Ntpc Vidyut Vyapar Nigam Ltd Vs Oswal Woolen Mills Ltd 2024 LiveLaw (Del) 818

Noble Chartering Inc. vs Steel Authority of India Ltd. 2024 LiveLaw (Del) 819

M/s BPL Limited vs M/s Morgan Securities & Credits Pvt. Ltd. 2024 LiveLaw (Del) 820

SH. RITESH KUMAR v. JAWAHARLAL NEHRU UNIVERSITY 2024 LiveLaw (Del) 821

COURT ON ITS OWN MOTION v. STATE 2024 LiveLaw (Del) 822

SH SUNNY SACHDEVA v. ACP NORTH RTI CELL AND ANR 2024 LiveLaw (Del) 823

ABDUL AZIZ v. NEW DELHI MUNICIPAL COUNCIL & ORS. 2024 LiveLaw (Del) 824

ADIDAS AG v KESHAV TULSIANI AND ORS. 2024 LiveLaw (Del) 825

ANUPAM GAHOI v. STATE (GOVT. OF NCT OF DELHI) AND ANR 2024 LiveLaw (Del) 826

RAVI PRAKASH SONI v CENTRAL INFORMATION COMMISSION AND ORS. 2024 LiveLaw (Del) 827

SUDHA PRASAD v. UDAY PAL SINGH 2024 LiveLaw (Del) 828

Aditya Birla Fashion and Retail Limited vs Friends Inc. and Anr. 2024 LiveLaw (Del) 829

Trans Engineers India Private Limited Vs Otsuka Chemicals (India) Private Limited 2024 LiveLaw (Del) 830

Vijendra Singh Versus Commissioner Of Customs 2024 LiveLaw (Del) 831

MUNICIPAL CORPORATION OF DELHI v. M/S RAM NIWAS GOEL 2024 LiveLaw (Del) 832

THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA & ORS v. NETFLIX ENTERTAINMENT SERVICES INDIA LLP & ORS. 2024 LiveLaw (Del) 833

Rbcl Piletech Infra Vs Bholasingh Jaiprakash Construction Limited & Ors. 2024 LiveLaw (Del) 834

SUNAYANA SIBAL & ORS. v GOVERNMENT OF NCT OF DELHI AND ORS 2024 LiveLaw (Del) 835

Simran Kumari v. BCI & Ors. 2024 LiveLaw (Del) 836

TULIR CHARITABLE TRUST v. UNION OF INDIA & ORS. 2024 LiveLaw (Del) 837

SD Windlesh v. Union of India & Ors. 2024 LiveLaw (Del) 838

The Commissioner Of Income Tax - International Taxation Versus Telstra Singapore Pte Ltd. 2024 LiveLaw (Del) 839

IRCON INTERNATIONAL LTD vs. BHAVNEET SINGH 2024 LiveLaw (Del) 840

BLOOM INTERNATIONAL SCHOOL v CBSE 2024 LiveLaw (Del) 841

Arvind Kejriwal v. Dept of Delhi Prisons & Anr. 2024 LiveLaw (Del) 842

SAURAV PORWAL & ANR. V. THE STATE & ANR. 2024 LiveLaw (Del) 843

DR. CHINMAY ANKLESHWARIA vs. UNION OF INDIA THROUGH MINISTRY OF HEALTH AND FAMILY WELFARE & ORS. 2024 LiveLaw (Del) 844

Samir Malik v. Union of India 2024 LiveLaw (Del) 845

ISHA v. UNION OF INDIA AND ORS. 2024 LiveLaw (Del) 846

LAKSHAY JAISWAL vs. STATE (NCT OF DELHI) & ANR. 2024 LiveLaw (Del) 847

Aradhya Export Import Consultants Pvt Ltd Verses Commissioner Of Customs 2024 LiveLaw (Del) 848

RAHUL KUMAR v. MUNICIPAL CORPORATION OF DELHI 2024 LiveLaw (Del) 849

CIT(E) Versus NIIT Foundation 2024 LiveLaw (Del) 850

Civil Safety Council of India v. UOI & Ors. 2024 LiveLaw (Del) 851

Filing Of Pending Application For Compulsory License Does Not Entitle Applicant To Infringe Owner's Copyright: Delhi High Court

Case Title: Phonographic Performance Limited vs Al-Hamd Tradenation

Citation: 2024 LiveLaw (Del) 811

The Delhi High Court single bench of Justice Mini Pushkarna granted an interim injunction against Al-Hamd Tradenation, restraining it from using Phonographic Performance Limited's copy-righted sound recordings. Even though Al-Hamdhad applied for a compulsory license of those recordings which was pending approval, it was not entitled to use Phonographic Performance Limited's sound recordings without obtaining its license by paying the requisite license fee.

Delhi High Court Orders Removal Of 'Defamatory' YouTube Videos, Articles Against Dhanya Rajendran

Title: DHANYA RAJENDRAN & ANR. v. GALAXY ZOOM INDIA OVT LTD & ORS.

Citation: 2024 LiveLaw (Del) 812

The Delhi High Court has ordered the removal of YouTube videos and news articles containing “defamatory” statements against The News Minute founder, Dhanya Rajendran, in respect of the “Cutting South” event hosted last year.

Not Permissible For TPO To Engage In Restructuring Of Transaction: Delhi High Court

Case Title: CIT Versus A.T. Kearney Ltd.

Citation: 2024 LiveLaw (Del) 813

The Delhi High Court has held that it is not permissible for the Transfer Pricing Officer (TPO) to engage in the restructuring of a transaction.

Concerning That Law Students Are Fighting In Such A Manner: HC Declines Anticipatory Bail To Delhi University Student Accused Of Assaulting Peers

Case title: Priyam Sharma vs. State NCT of Delhi

Citation: 2024 LiveLaw (Del) 814

While refusing anticipatory bail to a law student involved in a fight against other students, the Delhi High Court expressed its dismay at the incident and remarked “It is quite unfortunate that the complainant as well as the petitioner party who are law students have indulged in the fight. It is a matter of great concern that the students of law are fighting in such a manner.”

Re-Examine CCS Rule Denying Maternity Leave To Female Govt Servant Having More Than Two Children: Delhi High Court To Authorities

Title: COMMISSIONER OF POLICE AND ANR v. RAVINA YADAV AND ANR

Citation: 2024 LiveLaw (Del) 815

The Delhi High Court has said that it expects the government authorities to re-examine the sustainability of Rule 43 of the CCS(Leave) Rules which denies maternity leave to a female government servant if she has more than two surviving children.

Delhi Riots: High Court Orders CBI Investigation Into Death Of Man Forced To Sing National Anthem

Title: Kismatun v. State

Citation: 2024 LiveLaw (Del) 816

The Delhi High Court has transferred to Central Bureau of Investigation (CBI) the investigation into the death of 23 year-old Faizan, who was allegedly forced to sing national anthem during the 2020 North-East Delhi riots.

Justice Anup Jairam Bhambhani allowed the plea moved by Kismatun, Faizan's mother, seeking SIT investigation into her son's death. The plea was filed in 2020.

Delhi High Court Orders Removal Of Social Media Posts Against UPSC Qualification Of Lok Sabha Speaker Om Birla's Daughter

Title: Anjali Birla v. X Corp. and Ors.

Citation: 2024 LiveLaw (Del) 817

The Delhi High Court has ordered removal of social media posts against IRPS Officer and Lok Sabha Speaker Om Birla's daughter, Anjali Birla, alleging that she cleared UPSC exam in her first attempt by indulging in corrupt practices and misusing her father's position.

Act of God Does Not Justify Retention Of Performance Bank Guarantee Without Suffering Legal Injury: Delhi High Court

Case Title: M/s Ntpc Vidyut Vyapar Nigam Ltd Vs Oswal Woolen Mills Ltd

Citation: 2024 LiveLaw (Del) 818

The Delhi High Court bench of Justice Rajiv Shakdher and Justice Amit Bansal has held that a force majeure event specifically an Act of God beyond the control of the concerned party doesn't require retention of performance bank guarantee.

Disputed Contract, Can't Be Challenged U/s 34 Of Arbitration Act Unless finding are Unreasonable: Delhi High Court

Case Title: Noble Chartering Inc. vs Steel Authority of India Ltd.

Citation: 2024 LiveLaw (Del) 819

The Delhi High Court division bench of Justice Vibhu Bakhru and Justice Tara Vitasta Ganju held that the interpretation of a disputed contract falls within the arbitral tribunal's domain and is not subject to challenge under Section 34 of the Arbitration and Conciliation Act, 1996 unless the interpretation is unreasonable.

Courts Can't Undertake Independent Assessment Of Award In Appeal U/s 37 Of Arbitration Act: Delhi High Court

Case Title: M/s BPL Limited vs M/s Morgan Securities & Credits Pvt. Ltd.

Citation: 2024 LiveLaw (Del) 820

The Delhi High Court division bench of Justice Yashwant Varma and Justice Dharmesh Sharma reiterated that while entertaining an arbitration appeal under Section 37 of the Arbitration Act, the role of a court is limited to ascertaining whether the exercise of power under Section 34 has exceeded the scope of the provision. In such cases, the High Court held that courts cannot undertake an independent assessment of the merits of the award.

Educational Institutions Are Strong Pillars Of Democracy, Can't Be Machines Producing Individuals Chasing Marks Or Degrees: Delhi High Court

Title: SH. RITESH KUMAR v. JAWAHARLAL NEHRU UNIVERSITY

Citation: 2024 LiveLaw (Del) 821

The Delhi High Court has recently observed that schools, universities and academic institutions are strong pillars of democracy as well as the entire country and are not meant to be machines producing individuals whose aim is only to chase marks, courses or degrees.

Delhi High Court Orders Office Space, E-Library For Public Prosecutors In Each District

Title: Title: COURT ON ITS OWN MOTION v. STATE

Citation: 2024 LiveLaw (Del) 822

Observing it is high time to adapt to technological advances, the Delhi High Court has directed the Delhi Government to create digital library for public prosecutors in each district in the national capital.

Information Seeker Has No Locus Standi In Penalty Proceedings Against Public Information Officer U/S 20 Of RTI Act: Delhi High Court

Title: SH SUNNY SACHDEVA v. ACP NORTH RTI CELL AND ANR

Citation: 2024 LiveLaw (Del) 823

The Delhi High Court has recently observed that an information seeker has no locus standi in the penalty proceedings initiated against a Public Information Officer, under Section 20 of the Right to Information Act, 2005.

Objections On Sunehri Bagh Masjid Removal Will Be Considered As Per Law: NDMC To Delhi High Court

Title: ABDUL AZIZ v. NEW DELHI MUNICIPAL COUNCIL & ORS.

Citation: 2024 LiveLaw (Del) 824

The New Delhi Municipal Council (NDMC) has informed the Delhi High Court that the public objections against the proposed removal of Sunehri Bagh mosque will be considered in accordance with law.

Delhi High Court Rejects Textile Firm's Sindhi Breakdown Of Word "Adidas" To Defend Trademark Infringement Suit

Case title: ADIDAS AG v KESHAV TULSIANI AND ORS.

Citation: 2024 LiveLaw (Del) 825

The Delhi High Court recently permanently restrained a textile firm and its partners from using the 'Adidas' mark, after the German sports and apparel wear company filed a trademark infringement lawsuit.

Plea To Quash FIR Lodged Under IPC If Filed After July 1 Should Be Governed By BNSS: Delhi High Court

Title: SH. ANUPAM GAHOI v. STATE (GOVT. OF NCT OF DELHI) AND ANR

Citation: 2024 LiveLaw (Del) 826

The Delhi High Court has recently quashed a matrimonial case filed against a husband by his wife in 2018 while treating his plea for quashing of the FIR filed under Code of Criminal Procedure (CrPC) under the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS).

[RTI Act] Delhi HC Denies Son's Plea For Details Of Deceased Father's Bank Locker, Says 'Larger Public Interest' Doesn't Include Individual Interests

Case title: RAVI PRAKASH SONI v CENTRAL INFORMATION COMMISSION AND ORS.

Citation: 2024 LiveLaw (Del) 827

The Delhi High Court recently dismissed an appeal against a single-judge bench's order upholding the Central Information Commission's (CIC) refusal to grant information to a man pertaining to a bank locker of his deceased father under the Right To Information (RTI) Act, 2005.

Delhi High Court Discharges Man In Contempt Case For Defaming Judges On Social Media, Imposes ₹1 Lakh Fine

Title: SUDHA PRASAD v. UDAY PAL SINGH

Citation: 2024 LiveLaw (Del) 828

Accepting unconditional apology, the Delhi High Court has discharged a man who was held guilty of criminal contempt of court for posting a video on social media defaming the judges and claiming that they were doing “illegal acts.”

Delhi High Court Grants Interim Injunction To Restrain Friends Inc. From Using 'PETER ENGLAND' Trademark

Case Title: Aditya Birla Fashion and Retail Limited vs Friends Inc. and Anr.

Citation: 2024 LiveLaw (Del) 829

The Delhi High Court single bench of Justice Mini Pushkarna granted an interim injunction to restrain Friends Inc., an apparel store, from using the registered trademark “PETER ENGLAND” owned by Aditya Birla Retail and Fashion Limited. It was held that Aditya Birla Retail was likely to suffer irreparable harm in case an injunction was not granted.

Misunderstanding Of Basic Contractual Framework Vitiates Arbitral Award: Delhi High Court

Case Title: Trans Engineers India Private Limited Vs Otsuka Chemicals (India) Private Limited

Citation: 2024 LiveLaw (Del) 830

The Delhi High Court bench of Justice Sachin Datta has held that an award with misreading/misunderstanding of the basic contractual framework vitiates it at its root and makes it vulnerable to challenge under Section 34(2)(b)(ii) and 34(2A) of the Arbitration and Conciliation Act, 1996.

Revoking Suspension Of Customs Broker Licence Can't Restrict Dept. From Inquiring For Imposition Of Penalty: Delhi High Court

Case Title: Vijendra Singh Versus Commissioner Of Customs

Citation: 2024 LiveLaw (Del) 831

The Delhi High Court has held that the revoking suspension of license cannot restrict the customs department from inquiring for imposition of penalty.

Evolve Protocol To Scrutinize Pleadings Before Filing: Delhi High Court To MCD

Title: MUNICIPAL CORPORATION OF DELHI v. M/S RAM NIWAS GOEL

Citation: 2024 LiveLaw (Del) 832

The Delhi High Court has directed the Municipal Corporation of Delhi (MCD) to evolve a protocol to scrutinize the pleadings and averments before they are filed in courts and ensure that they align with the law of the land.

Delhi High Court Refuses To Stay Netflix Release Of 'Tribhuvan Mishra CA Topper' Show On ICAI's Plea

Title: THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA & ORS v. NETFLIX ENTERTAINMENT SERVICES INDIA LLP & ORS.

Citation: 2024 LiveLaw (Del) 833

The Delhi High Court has recently refused to stay the release of “Tribhuvan Mishra CA Topper” show on OTT platform Netflix. In an order passed on July 16, Justice Navin Chawla saw trailer of the show and observed that it did not refer to the profession of Chartered Accountancy in any manner.

Non-Signatories Can Be Included In Arbitration Beyond Group Company Ties: Delhi High Court

Case Title: Rbcl Piletech Infra Vs Bholasingh Jaiprakash Construction Limited & Ors.

Citation: 2024 LiveLaw (Del) 834

The Delhi High Court bench of Justice C. Hari Shankar has held the inclusion of a non-signatory in arbitral proceedings is not solely dependent on the non-signatory being part of the same group of companies as the signatory.

Citing Inability Of Authorities To Prevent Cattle Feeding On Garbage, Delhi HC Orders Shifting Of Dairies Located Near Landfill Site

Case title: SUNAYANA SIBAL & ORS. v GOVERNMENT OF NCT OF DELHI AND ORS

Citation: 2024 LiveLaw (Del) 835

The Delhi High Court has recently ordered the shifting of the Bhalaswa dairy colony–located near a landfill site, to the Gogha dairy colony within four weeks, after taking note of the “inability of statutory authorities” to prevent cattle from feeding on garbage in the area.

Decide Plea For Payment Of Minimum Stipend To Junior Lawyers Within Six Weeks: Delhi High Court To BCI

Title: Simran Kumari v. BCI & Ors.

Citation: 2024 LiveLaw (Del) 836 

The Delhi High Court has directed the Bar Council of India (BCI) to decide within six weeks a representation regarding payment of minimum stipend to junior lawyers hired by advocates and senior advocates.

Delhi HC Refuses To Halt Streaming Of 'To Kill A Tiger' Netflix Documentary In PIL Over 'Disclosure' Of Minor Rape Survivor's Identity

Title: TULIR CHARITABLE TRUST v. UNION OF INDIA & ORS.

Citation: 2024 LiveLaw (Del) 837

The Delhi High Court has refused to stop the streaming of Netflix documentary “To Kill a Tiger" based on the gang-rape of a 13 year old minor victim in a village in Jharkhand.

Ensure Fencing After Removal Of Encroachments Around Yamuna Floodplains: Delhi High Court To DDA Vice Chairman

Title: SD Windlesh v. Union of India & Ors.

Citation: 2024 LiveLaw (Del) 838

The Delhi High Court has directed the Vice Chairman of Delhi Development Authority (DDA) to ensure that there is fencing around the Yamuna River floodplains area as and when unauthorised constructions and encroachments are removed to avoid similar incidents in future.

Services Provided Outside To Indian Customers In Connection With Right To Use Of Process Can't Be Taxed : Delhi High Court

Case Title: The Commissioner Of Income Tax - International Taxation Versus Telstra Singapore Pte Ltd.

Citation: 2024 LiveLaw (Del) 839

The Delhi High Court has held that the receipts from Indian customers for services provided outside' Indian Territory in connection with use or right to use of process or equipment by the assessee company cannot be taxed as royalty.

Burden To Prove Administrative Urgency In Cases Relating To Transfer Of Disabled Employee Lies On Employer: Delhi High Court

Case title: IRCON INTERNATIONAL LTD vs. BHAVNEET SINGH

Citation: 2024 LiveLaw (Del) 840

In a case relating to the transfer of a disabled employee, the Delhi High Court has observed that the provisions of the Rights of Persons with Disabilities Act, 2016 take precedence over any employment and contractual arrangements. The Court stated that disabled employees cannot be transferred unless there is an administrative urgency, with the burden of proving such urgency resting on the employer.

Schools Play Vital Role In Education, Must Ensure Examinee's Documentation Is Completed Within Time: Delhi HC Provides Relief To Class 10, 12 Students

Case Title: BLOOM INTERNATIONAL SCHOOL v CBSE

Citation: 2024 LiveLaw (Del) 841

The Delhi High Court recently directed the Central Board of Secondary Education (CBSE) to open its online portal to accommodate 45 class 10th and 12th students studying in a Delhi school to appear in their improvement and compartmental exams.

Delhi HC Permits Arvind Kejriwal Two Additional Meetings With Lawyers, Says 'Special Situations Call For Special Remedies'

Title: Arvind Kejriwal v. Dept of Delhi Prisons & Anr.

Citation: 2024 LiveLaw (Del) 842

Observing that special situations call for special remedies, the Delhi High Court has allowed the plea moved by Chief Minister Arvind Kejriwal, who is in judicial custody in the alleged liquor policy scam, for granting two additional meetings with his lawyers through virtual conferencing in a week.

Delhi High Court Orders Accused To Do Community Service At Gurudwara, Says Offence Of Outraging Woman's Modesty Can't Be Compromised

Title: SAURAV PORWAL & ANR. V. THE STATE & ANR.

Citation: 2024 LiveLaw (Del) 843

While quashing a 2014 case against two men for allegedly assaulting and outraging modesty of a woman after settlement between them, the Delhi High Court has directed them to do community service of one month in the city's Gurudwara Rakab Ganj Sahib.

Incorrect To Deny MD Seat To Candidate Solely Due To Administrative Fault: Delhi High Court To AIIMS

Case title: DR. CHINMAY ANKLESHWARIA vs. UNION OF INDIA THROUGH MINISTRY OF HEALTH AND FAMILY WELFARE & ORS.

Citation: 2024 LiveLaw (Del) 844

The Delhi High Court observed that denying a MD seat (Doctor of Medicine) to a candidate solely due to administrative fault and inefficiency would be unjust and against the principle of merit-based selection. The Court asserted that filling available vacancies is in the best interests of public health and institutional efficiency.

Delhi High Court Rejects PIL Against Centre's Notification Declaring June 25 As 'Samvidhaan Hatya Diwas'

Title: Samir Malik v. Union of India

Citation: 2024 LiveLaw (Del) 845

The Delhi High Court has dismissed a PIL against a recent notification issued by the Union Government declaring that 25th of June every year be observed as 'Samvidhaan Hatya Diwas' on the anniversary of the proclamation of Emergency in 1975.

Delhi High Court Rules In Favour Of RPF Candidate Denied Job Due To Pregnancy, Orders ₹1 Lakh Costs To Recently Injured Woman Staff

Title: ISHA v. UNION OF INDIA AND ORS.

Citation: 2024 LiveLaw (Del) 846

Ruling in favour of a woman who was denied appointment as a Constable in the Railway Protection Force in 2019 due to her pregnancy, the Delhi High Court imposed Rs. 1 lakh costs on the Central Government to be paid to a lady employee who recently got injured when a portion of the roof in the court building fell on her.

Non-Bailable Warrant U/S 73 CrPC Cannot Be Issued To Produce Accused Before Police For Investigation: Delhi High Court

Case title: LAKSHAY JAISWAL vs. STATE (NCT OF DELHI) & ANR.

Citation: 2024 LiveLaw (Del) 847

The Delhi High Court has ruled that issuance of a non-bailable warrant under Section 73 CrPC by a Magistrate, for the production of the accused before the police for investigation is illegal, as such a warrant could only be issued for the production of the accused before a court.

Failure To Carry Out Physical Verification Of Veracity Of Exporter Alone Is No Basis To Suspend License Of Custom Broker: Delhi HC

Case Title: Aradhya Export Import Consultants Pvt Ltd Verses Commissioner Of Customs

Citation: 2024 LiveLaw (Del) 848

The Delhi High Court held that a custom broker cannot be held guilty of having failed to discharge the obligation placed in terms of Regulation 10(n) of CBLR 2018, simply because he has not carried out physical verification of the veracity of the exporter.

Delhi High Court Orders CBI Probe Against Litigant Who Filed Repeated Pleas Alleging Unauthorised Constructions

Title: RAHUL KUMAR v. MUNICIPAL CORPORATION OF DELHI

Citation: 2024 LiveLaw (Del) 849

The Delhi High Court has recently ordered inquiry to be conducted by Central Bureau of Investigation (CBI) against a litigant who repeatedly filed petitions, including PILs, alleging unauthorised constructions, some of which were never listed in court.

Educational Activities Neither Business Nor Profession, Covered Under Section 2 (15) Of Income Tax Act: Delhi High Court

Case Title: CIT(E) Versus NIIT Foundation

Citation: 2024 LiveLaw (Del) 850

The Delhi High Court has held that the assessee is carrying on educational activities that are covered by the provisions of Section 2 (15) of the Income Tax Act, and it is neither business nor profession of the assessee.