Delhi High Court Weekly Round-Up: July 29 To August 04, 2024

Citations 2024 LiveLaw (Del) 852 to 2024 LiveLaw (Del) 876

NOMINAL INDEX

Loreal India vs. Rajesh Kumar Taneja Trading 2024 LiveLaw (Del) 852

Resident Doctors Association, AIIMS (Rishikesh) & Ors. v. Ram Kishan Yadav alias Swami Ramdev & Ors. 2024 LiveLaw (Del) 853

Krishan Kumar & Anr Vs Shakuntla Agency Pvt Ltd 2024 LiveLaw (Del) 854

Sharad Bhansali & Anr. Vs Mukesh Aggarwal & Anr. 2024 LiveLaw (Del) 855

RAJATARANGINI INDIA MEDIA PRIVATE LIMITED & ANR. v. SANJAY SHARMA & ORS. 2024 LiveLaw (Del) 856

X v. THE INDIA TODAY GROUP & ORS. 2024 LiveLaw (Del) 857

Ahluwalia Contracts India Limited Vs Union Of India Through Executive Engineer Cpwd & Anr. 2024 LiveLaw (Del) 858

JV Creatives Pvt. Ltd. Versus Principal Additional Director General, DGGI, Gurugram Zonal Unit, Gurugram And Anr 2024 LiveLaw (Del) 859

X v. Y 2024 LiveLaw (Del) 860

Pravasi Legal Cell v. Union of India & Anr. 2024 LiveLaw (Del) 861

OCL Iron and Steel Limited vs Union of India 2024 LiveLaw (Del) 862

VANDANA v. STATE THROUGH SHO PS AMAR COLONY & ANR. 2024 LiveLaw (Del) 863

ANASTASIIA PIVTSAEVA & ANR. v. UNION OF INDIA & ANR. 2024 LiveLaw (Del) 864

COURT ON ITS OWN MOTION v. STATE 2024 LiveLaw (Del) 865

MR CHIRAGUDDIN v. STATE GOVT. OF NCT OF DELHI & ANR. 2024 LiveLaw (Del) 866

Mitsubishi Corporation Versus ACIT 2024 LiveLaw (Del) 867

A v. B 2024 LiveLaw (Del) 868

M/S Plus91 Security Solutions Vs Nec Corporation India Private Limited (Erstwhile Nec Technologies Private Limited) 2024 LiveLaw (Del) 869

SUMAN VIJAY v. STATE GOVT. OF NCT OF DELHI AND ANR. 2024 LiveLaw (Del) 870

ANJANA GOSAIN v. GOVERNMENT OF NCT AND ANR. 2024 LiveLaw (Del) 871

Bibhav Kumar v. State 2024 LiveLaw (Del) 872

Kutumb v. State & Ors. 2024 LiveLaw (Del) 873

P v. State & Anr. 2024 LiveLaw (Del) 874

SANCHIT GUPTA v. UNION OF INDIA AND ANR. 2024 LiveLaw (Del) 875

Maruti Traders vs Itron India Pvt Ltd 2024 LiveLaw (Del) 876

It Is Not Permissible To Compare Competing Trademarks By Dissecting Its Parts: Delhi High Court Rules Against Loreal

Case Title: Loreal India vs. Rajesh Kumar Taneja Trading

Citation: 2024 LiveLaw (Del) 852

While emphasizing that the object of examination is to ensure the compliance of the provisions of the Trademarks Act, the Delhi High Court held that no interference with the registration of the trademark would be warranted, unless it is prima facie established that the registration of the trademark falls foul of the provisions of the Act.

Delhi High Court Directs Baba Ramdev To Take Down Claims Blaming Allopathy For Covid-19 Deaths And Promoting Coronil

Case Title: Resident Doctors Association, AIIMS (Rishikesh) & Ors. v. Ram Kishan Yadav alias Swami Ramdev & Ors.

Citation: 2024 LiveLaw (Del) 853

The Delhi High Court has directed Yoga guru Baba Ramdev and Acharya Balakrishna to remove their statements claiming that allopathy was responsible for deaths of lakhs of people in COVID-19 and that Patanjali's Coronil is a “cure” for virus.

Justice Anup Jairam Bhambhani passed order in the interim injunction application moved in a suit filed by various doctors' associations in 2021.

Section 34 Of Arbitration Act Can't Be Used To Seek Re-Litigation: Delhi High Court

Case Title: Krishan Kumar & Anr Vs Shakuntla Agency Pvt Ltd

Citation: 2024 LiveLaw (Del) 854

The Delhi High Court bench of Justice C. Hari Shankar has held that that Section 34 of the Arbitration and Conciliation Act, 1996 cannot be used as a tool for a litigant to desist from participating in the arbitral proceedings, despite being fully aware thereof, and, thereafter, seek a “second bite at the arbitral cherry”.

Article 23A Of Schedule I-A Of Stamp Act Applies To Agreements To Sell Under Section 53A Of Transfer Of Property Act: Delhi High Court

Case Title: Sharad Bhansali & Anr. Vs Mukesh Aggarwal & Anr.

Citation: 2024 LiveLaw (Del) 855

The Delhi High Court bench of Justice C.Hari Shankar has held that Article 23A of Schedule I-A of the Stamp Act applicable in Delhi covers Agreement to Sell to which Section 53A of the Transfer of Property Act (TPA) applies.

PM Modi Interview: Delhi High Court Orders 4PM's Editor-In-Chief To Remove 'Defamatory Tweets' Against The New Indian's Rohan Dua

Title: RAJATARANGINI INDIA MEDIA PRIVATE LIMITED & ANR. v. SANJAY SHARMA & ORS.

Citation: 2024 LiveLaw (Del) 856

The Delhi High Court has recently passed an ad-interim injunction order for removal of “defamatory tweets” posted by Sanjay Sharma, Editor-In-Chief of Lucknow's evening daily, 4 PM Evening Newspaper, and two other individuals against The New Indian's Editor-In-Chief Rohan Dua in relation to his interview with Prime Minister Narendra Modi during the 2024 general elections.

Delhi High Court Passes John Doe Order Directing Removal Of Articles, Posts About Criminal Case Against Acquitted Businessman

Title: X v. THE INDIA TODAY GROUP & ORS.

Citation: 2024 LiveLaw (Del) 857

Passing a john doe order, the Delhi High Court has recently ordered removal of news articles and social media posts against a businessman on X, formerly Twitter, regarding a criminal case registered against him in 2018 after his honourable acquittal the next year.

Arbitrators Must Separately Calculate Fees For Claims And Counterclaims In Ad Hoc Arbitration: Delhi High Court

Case Title: Ahluwalia Contracts India Limited Vs Union Of India Through Executive Engineer Cpwd & Anr.

Citation: 2024 LiveLaw (Del) 858

The Delhi High Court bench of Justice Jasmeet Singh has set aside computration of fee by an arbitration on the basis decision in Rail Vikas Nigam Ltd. vs. Simplex Infrastructures Ltd which was later set aside in ONGC Ltd. v. Afcons Gunanusa JV, 2022 LiveLaw (SC) 723.

ITC Claimed On Alleged Fake Supplies; Delhi High Court Upholds Dept's Action In Provisionally Attaching Bank Account

Case Title: JV Creatives Pvt. Ltd. Versus Principal Additional Director General, DGGI, Gurugram Zonal Unit, Gurugram And Anr

Citation: 2024 LiveLaw (Del) 859

The Delhi High Court has upheld the Commissioner's action of provisionally attaching the petitioner's bank account, to the extent of Rs. 26.91 lakhs being the amount of input tax (ITC) claimed in respect of allegedly fake supplies.

'Adulterer' Not Necessary Party To Divorce Petition, Decree Can Be Passed In His Or Her Absence: Delhi High Court

Title: X v. Y

Citation: 2024 LiveLaw (Del) 860

The Delhi High Court has recently ruled that an alleged adulterer, being a third party and suspected of having an affair with a spouse, is not a necessary party to a divorce petition.

A division bench comprising Justice Rajiv Shakdher and Justice Amit Bansal said that a decree can be passed in the absence of such an individual.

Delhi High Court Refuses To Entertain PIL For Dual Citizenship For Indian Diaspora

Title: Pravasi Legal Cell v. Union of India & Anr.

Citation: 2024 LiveLaw (Del) 861

The Delhi High Court has refused to entertain a PIL seeking grant of dual citizenship for Indian diaspora, holding their citizenship presently at some other foreign country.

A division bench comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela observed that the issue falls within the domain of the Parliament and it is not for the court to decide or pass directions on it.

Stakeholders Can't Impose Penalties, Claim Dues From Corporate Debtor After Approval Of Resolution Plan: Delhi High Court

Case Title: OCL Iron and Steel Limited vs Union of India

Citation: 2024 LiveLaw (Del) 862

The Delhi High Court single bench of Justice Sanjeev Narula held once a resolution plan is accepted, the stakeholders cannot impose penalties or claim dues from the Corporate Debtor based on past liabilities.

UIDAI Can Be Directed To Provide Aadhar Data About Missing Person In Habeas Corpus Plea: Delhi High Court

Title: VANDANA v. STATE THROUGH SHO PS AMAR COLONY & ANR.

Citation: 2024 LiveLaw (Del) 863

The Delhi High Court has observed that the Unique Identification Authority of India (UIDAI), in a habeas corpus petition involving exceptional circumstances, can be directed to provide the Aadhar data about a missing person, even without being afforded a prior hearing.

A division bench headed by Justice Prathiba M Singh observed that in a habeas corpus case, there is a sense of urgency with which the Court has to act as the missing person could be in danger.

Husband's Alleged Involvement In Criminal Case No Ground To Deny Security Clearance To Spouse For OCI Registration: Delhi High Court

Title: ANASTASIIA PIVTSAEVA & ANR. v. UNION OF INDIA & ANR.

Citation: 2024 LiveLaw (Del) 864

The Delhi High Court has recently held that mere familial relationship with an accused, without evidence of direct involvement in the alleged crime, is no ground to deny security clearance to a spouse for Overseas Citizen of India (OCI) registration.

“Mere association or familial relationship with an accused, without concrete evidence of direct involvement or complicity in the alleged crimes, does not substantiate the grounds for denying security clearance under Section 7A(1)(d) of the Citizenship Act and neither does it withstand the test of arbitrariness and reasonableness under Article 14 of the Constitution,” Justice Sanjeev Narula said.

Finalize Technical Solution To Sync ICJS System With Police Criminal Database: Delhi High Court To NIC, State Crime Record Bureau

Title: COURT ON ITS OWN MOTION v. STATE

Citation: 2024 LiveLaw (Del) 865

The Delhi High Court has called for finalization of the technical solution to sync the Inter-operable Criminal Justice System (ICJS) system, which stores case data, with the criminal database of the Police, to avoid any discrepancies.

Delhi High Court Quashes FIR Against Man Accused Of Sending Obscene Messages To Woman, Asks Him To Do Community Service For Three Months

Title: MR CHIRAGUDDIN v. STATE GOVT. OF NCT OF DELHI & ANR.

Citation: 2024 LiveLaw (Del) 866

While quashing a 2014 case registered against a man for allegedly sending obscene messages to a woman after settlement with her, the Delhi High Court has recently directed the man to do community service for three months in order to “atone for his sins.”

Justice Subramonium Prasad directed the man to do one month of community service each in an old age home, LNJP hospital and an orphanage respectively, from September 09 to November 30.

AO Can't Disregard ITAT's Direction To Re-examine Issue By Referring To CBDT Circular: Delhi High Court

Case Title: Mitsubishi Corporation Versus ACIT

Citation: 2024 LiveLaw (Del) 867

The Delhi High Court has held that the assessing officer (AO) cannot disregard the direction of the Income Tax Appellate Tribunal (ITAT) to re-examine the issue by referring to the circular issued by the Central Board of Direct Taxes (CBDT).

Major Child Entitled To Maintenance Under Hindu Marriage Act Till He Is Pursuing Education And Not Financially Independent: Delhi High Court

Title: A v. B

Citation: 2024 LiveLaw (Del) 868

The Delhi High Court has ruled that a child is entitled to maintenance under Section 26 of the Hindu Marriage Act, 1955, till the time he is pursuing his education and does not become financially independent.

“In our considered view, a child who is pursuing his education would be entitled to maintenance under Section 26 of the HMA even after he attains the age of majority, till the time he is pursuing his education and is not financially independent,” a division bench of Justice Rajiv Shakdher and Justice Amit Bansal said.

Arbitral Tribunal's Decision To Award Damages For Loss Of Profit Is Patently Illegal If It Contradicts Contract: Delhi High Court

Case Title: M/S Plus91 Security Solutions Vs Nec Corporation India Private Limited (Erstwhile Nec Technologies Private Limited)

Citation: 2024 LiveLaw (Del) 869

The Delhi High Court division bench of Justice Vibhu Bakhru and Justice Tara Vitasta Ganju has held that an Arbitral Tribunal's decision to award damages for loss of profit is vitiated by patent illegality if it contradicts the express terms of the agreement between the parties.

Delhi High Court Quashes FIR Against Teacher For Slapping 3-Yr-Old Who Failed To Recite 'ABCD'

Title: SUMAN VIJAY v. STATE GOVT. OF NCT OF DELHI AND ANR.

Citation: 2024 LiveLaw (Del) 870

The Delhi High Court has recently quashed an FIR against a teacher who allegedly slapped a three-year-old child who failed to recite “ABCD” after the parties entered into a settlement.

Quashing the FIR filed by the minor's mother in 2015, Justice Anoop Kumar Mendiratta said that the complainant and the teacher intend to put a quietus to the case which arose over a “minor issue” and has been pending for a period of 9 years.

Uploading Of Empaneled Lawyers' Fee Bills On 'Online Single Window System' Must Be Made Smooth, Without Glitches: Delhi High Court

Title: ANJANA GOSAIN v. GOVERNMENT OF NCT AND ANR.

Citation: 2024 LiveLaw (Del) 871

The Delhi High Court has observed that uploading of fee bills of government empaneled lawyers on the Online Single Window System (OSWS) portal set up by the Delhi Government should be made smooth and without any glitches.

Delhi High Court Upholds Bibhav Kumar's Arrest In Alleged AAP MP Swati Maliwal Assault Case

Title: Bibhav Kumar v. State

Citation: 2024 LiveLaw (Del) 872

The Delhi High Court has upheld the arrest of Chief Minister's close aide Bibhav Kumar in the alleged AAP MP Swati Maliwal assault case.

Justice Neena Bansal Krishna rejected the plea filed by Kumar.

Delhi High Court Orders CBI To Probe Death Of Three Civil Aspirants In Coaching Centre Tragedy

Title: Kutumb v. State & Ors.

Citation: 2024 LiveLaw (Del) 873

The Delhi High Court has ordered Central Bureau of Investigation (CBI) to probe the deaths of three civil services aspirants due to drowning in a IAS coaching centre basement in Rajendra Nagar.

A division bench comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela passed the direction looking at the “seriousness of incident and that it may involve corruption by public servants.”

Delhi High Court Upholds Acceptance Of Police's Cancellation Report In Rape Case Against BJP Leader Shahnawaz Hussain

Title: P v. State & Anr.

Citation: 2024 LiveLaw (Del) 874

The Delhi High Court has upheld a trial court order accepting the cancellation report filed by the Delhi Police last year in a rape case filed against BJP leader and former Union Minister Syed Shahnawaz Hussain.

'X' Corp Does Not Perform 'Public Function', Not Amenable To Writ Jurisdiction: Delhi High Court

Title: SANCHIT GUPTA v. UNION OF INDIA AND ANR.

Citation: 2024 LiveLaw (Del) 875

The Delhi High Court has recently ruled that X Corp, formerly Twitter, does not perform “public function” or discharges public duty and is not amenable to writ jurisdiction under Article 226 of the Constitution of India.

Justice Sanjeev Narula said that the social media platform operates as a “private entity” under “private law” and does not carry out any governmental duties or obligations.

Principles Of Equity And Fairness Not Applicable To Commercial Matters, Relief Is Governed By Contract: Delhi High Court

Case Title: Maruti Traders vs Itron India Pvt Ltd

Citation: 2024 LiveLaw (Del) 876

The Delhi High Court bench of Justice C Hari Shankar has held that commerce is devoid of equity. The bench held that commercial transactions are driven by a harsh reality, and the principle of universal brotherhood does not extend to commercial dealings. In these transactions, there is no obligation on the arbitrator for fairness, kindness, or equity, and no court can mandate such qualities.