Delhi High Court Weekly Round-Up: June 03 To June 09, 2024

Citations 2024 LiveLaw (Del) 673 to 2024 LiveLaw (Del) 706

NOMINAL INDEX

Case Title: Network 18 Media and Investments Limited & Ors v WWW.BrawlersFightClub.Com & Ors 2024 LiveLaw (Del) 673

Case Title: Sanjeev Goyal v. Union of India 2024 LiveLaw (Del) 674

Case Title: M/S Divyam Real Estate Pvt Ltd Vs M/S M2k Entertainment Pvt Ltd 2024 LiveLaw (Del) 675

Case Title: M/S Space 4 Business Solution Pvt Ltd Vs The Divisional Commissioner Principal Secretary And Anr. 2024 LiveLaw (Del) 676

Case Name- Manisha Sharma Vs Vidya Bhawan Girls Senior Secondary School & Anr 2024 LiveLaw (Del) 677

Case Title: M/S Kings Chariot Vs Mr. Tarun Wadhwa 2024 LiveLaw (Del) 678

Case Title: Govt Of Nct Of Delhi Vs M/S Dsc Limited 2024 LiveLaw (Del) 679

Case Title: Yc Electric Vehicles Vs Saksham Trading Company 2024 LiveLaw (Del) 680

Case Title: Mohammad Inamul Haq vs. the University Of Delhi & Ors. 2024 LiveLaw (Del) 681

Title: SADDAM ALI v. UNION OF INDIA & ORS. 2024 LiveLaw (Del) 682

Title: AMARJEET SINGH DHILLON v. STATE NCT OF DELHI 2024 LiveLaw (Del) 683

Case Title: Sundaresh Bhat Vs Insolvency And Bankruptcy Board Of India 2024 LiveLaw (Del) 684

Title: AMANDEEP SINGH DHALL v. CENTRAL BUREAU OF INVESTIGATION 2024 LiveLaw (Del) 685

Title: UNION OF INDIA THROUGH MOSPI v. RAM GOPAL DIXIT 2024 LiveLaw (Del) 686

Case Title: M/S Kld Creation Infrastructure Pvt.Ltd Vs National Highways And Infrastructure Development Corporation Limited 2024 LiveLaw (Del) 687

Title: AAM AADMI PARTY v. UNION OF INDIA & OTHERS 2024 LiveLaw (Del) 688

Title: YUGANSH MITTAL v. GOVT. OF NCT OF DELHI & 2024 LiveLaw (Del) 689

Title: DOMINOS IP HOLDER LLC & ANR. v. M/S MG FOODS & ANR. 2024 LiveLaw (Del) 690

Case Title: Jagdish Tyres Pvt. Ltd. Vs Indag Rubber Limited 2024 LiveLaw (Del) 691

Case Title: Ms. Sarika Chaturvedi Vs Agarwal Auto Traders & Ors. 2024 LiveLaw (Del) 692

Case Title: Telecommunication Consultants India Ltd (Tcil) Vs Ngbps Ltd 2024 LiveLaw (Del) 693

Case Name- Delhi Transport Corporation Vs Ram Avatar Sharma 2024 LiveLaw (Del) 694

Case Title: GE Capital Us Holdings Inc Versus Dy Commissioner Of Income Tax (International Taxation) 2024 LiveLaw (Del) 696

Case Title: Commissioner Of Income Tax (Exemptions) Versus M/S Jamnalal Bajaj Foundation 2024 LiveLaw (Del) 697

Title: ARUN RAMCHANDRAN PILLAI v. CENTRAL BUREAU OF INVESTIGATION 2024 LiveLaw (Del) 698

Title: KULDEEP SINGH SENGAR v. CENTRAL BUREAU OF INVESTIGATION 2024 LiveLaw (Del) 699

Case Title: Flowmore Limited Versus Deputy Commissioner Of Income Tax, Central Circle 28, New Delhi & Anr. 2024 LiveLaw (Del) 700

Title: MOHSIN IBRAHIM SAYYED v. NIA 2024 LiveLaw (Del) 701

Title: SRI SALEK CHAND JAIN v. CHIEF SECRETARY, GOVERNMENT OF NCT, DELHI & ORS. 2024 LiveLaw (Del) 702

Case Name- Group 4 Securities Guarding Ltd Vs Secretary, Labour, Govt. of NCT of Delhi 2024 LiveLaw (Del) 703

Case Title: Glowsun Powergen Private Limited Vs Hammond Power Solutions Private Limited 2024 LiveLaw (Del) 704

Case: Maya and Ors. v. Union of Indian and Ors. 2024 LiveLaw (Del) 705

Case Title: HMD Mobile India Private Limited vs Mr Rajan Aggarwal and Anr. 2024 LiveLaw (Del) 706

Delhi High Court Orders Blocking Of Websites For Spreading Fake Interview Of Anant Ambani With Anand Narasimhan

Case Title: Network 18 Media and Investments Limited & Ors v WWW.BrawlersFightClub.Com & Ors

Citation: 2024 LiveLaw (Del) 673

The Delhi High Court has directed the blocking of rogue websites disseminating false information about an interview between Reliance Industries Director Anant Ambani and TV18 journalist Anand Narasimhan.

Justice Sanjeev Narula, presiding over the case, ordered Meta and X to remove the related Facebook posts and tweets and to provide details of the users who made these posts within four weeks.

Delhi HC Upholds Constitutional Validity Of Section 71(3A) Income Tax Act; Dismisses Petition Challenging Rs. 2 Lakh Cap On House Property Income Set-Off

Case Title: Sanjeev Goyal v. Union of India

Citation: 2024 LiveLaw (Del) 674

The Delhi High Court dismissed a writ petition challenging the constitutional validity of Section 31 of the Finance Act, 2017. This section amended the Income Tax Act, 1961 (ITA) by adding sub-section (3A) to Section 71. The petition was filed by a government employee who claimed to have constructed a house in 2014, incurring an expenditure of Rs. 1.35 crore.

Conclusions Drawn By Arbitrator In Disregard Of Evidence On Record Makes Award Liable To Be Set Aside As Being Perverse And Patently Illegal: Delhi High Court

Case Title: M/S Divyam Real Estate Pvt Ltd Vs M/S M2k Entertainment Pvt Ltd

Citation: 2024 LiveLaw (Del) 675

The Delhi High Court bench of Justice Anup Jairam Bhambhani held that where an arbitrator has rendered no clear findings on a contentious issue and the conclusions drawn by an arbitrator are in disregard of the evidence on record, the award is liable to be set aside, as being perverse and patently illegal.

[Arbitration Act] Awarding Interest Rate Is Discretion Of Arbitrator, Can't Be Claimed As Matter Of Right: Delhi High Court

Case Title: M/S Space 4 Business Solution Pvt Ltd Vs The Divisional Commissioner Principal Secretary And Anr.

Citation: 2024 LiveLaw (Del) 676

The Delhi High Court bench of Justice Neena Bansal Krishna held that awarding interest rate is the discretion of the arbitrator and the same cannot be claimed by a party as a matter of right.

Principle Of No Work No Pay Not Applicable If Order Of Termination Illegal: Delhi High Court

Case Name- Manisha Sharma Vs Vidya Bhawan Girls Senior Secondary School & Anr

Citation: 2024 LiveLaw (Del) 677

A single judge bench of the Delhi High Court comprising of Justice Tushar Rao Gedela in the case of Manisha Sharma Vs Vidya Bhawan Girls Senior Secondary School & Anr has held that an employee is entitled to backwages if order of termination was illegal and the principle of no work no pay is not applicable in such cases.

Where No Seat Is Specified In Arbitration Agreement, Jurisdiction Of Court Shall Be Determined In Accordance With Section 16 To 20 Of CPC: Delhi High Court

Case Title: M/S Kings Chariot Vs Mr. Tarun Wadhwa

Citation: 2024 LiveLaw (Del) 678

The Delhi High Court bench of Justice Neena Bansal Krishna held that where no seat of arbitration is specified in the arbitration agreement, the jurisdiction of the court shall be determined in accordance with Section 16 to Section 20 of C.P.C.

Determination Of Delay On Part Of Contractor Is Not 'Excepted Matter', Only Quantum Of Damages Is Non-Arbitrable: Delhi High Court

Case Title: Govt Of Nct Of Delhi Vs M/S Dsc Limited

Citation: 2024 LiveLaw (Del) 679

The Delhi High Court bench of Justice Neena Bansal Krishna held that the question of determination of whether indeed, there was a delay on the part of the Contractor is not an excepted matter and it is only the quantum of damages which is non-arbitrable.

Delhi High Court Ex-Parte Restrains Saksham Trading Company From Using “Yatra' And 'YS' In E-Vehicles Business

Case Title: Yc Electric Vehicles Vs Saksham Trading Company

Citation: 2024 LiveLaw (Del) 680

The Delhi High Court bench of Justice Anish Dayal held that restrained Saksham Trading Company from using 'Yatra', 'YS', and any other marks resembling or deceptively similar to the YC Electric Vehicles marks 'Yatri' and 'YC' in E-Rickshaws, E-Vehicles, parts, accessories, and related goods.

Wait List Candidate Doesn't Have Inherent Right To Appointment, Can't Challenge Selected List Of Candidates After One Year: Delhi High Court

Case Title: Mohammad Inamul Haq vs. the University Of Delhi & Ors.

Citation: 2024 LiveLaw (Del) 681

The Delhi High Court bench of Justice Tushar Rao Gedela held that the wait-listed candidate will not have any right whatsoever much less the right of consideration. Further, the bench held that once the final select list of candidates has been offered an appointment to the post and concluded by such incumbents accepting the said offer and occupying the said post, the candidate cannot be permitted to challenge it after a passage of more than a year.

Delhi High Court Rejects PIL Challenging Appointment Of National Small Industries Development Corporation's Chairman

Title: SADDAM ALI v. UNION OF INDIA & ORS.

Citation: 2024 LiveLaw (Del) 682

The Delhi High Court has dismissed a public interest litigation (PIL) challenging the appointment of Dr. Subhransu Sekhar Acharya, the Chairman-cum-Managing Director of National Small Industries Development Corporation Limited (NSIDC).

Grant Of Statutory Bail Not Interlocutory Order But Final Order: Delhi High Court

Title: AMARJEET SINGH DHILLON v. STATE NCT OF DELHI

Citation: 2024 LiveLaw (Del) 683

The Delhi High Court has recently observed that the grant of statutory bail is not an interlocutory order but a final order.

“As far as the maintainability of the Revision Petition is concerned, the grant of Statutory Bail cannot be considered as an Interlocutory Order. It is a final order releasing the Applicant on Bail as the investigation could not be completed and the final report could not be filed within the period of 60/90 days by the prosecution,” Justice Navin Chawla observed.

Official Liquidator Must Adhere To Ethical Principles And Fairness To Discharge Their Duties Under IBC: Delhi High Court

Case Title: Sundaresh Bhat Vs Insolvency And Bankruptcy Board Of India

Citation: 2024 LiveLaw (Del) 684

The Delhi High Court bench of Justice Subramonium Prasad held that official liquidators must adhere to ethical principles and demonstrate an unwavering commitment to fairness to discharge their duties under the Insolvency and Bankruptcy Code.

Liquor Policy: Delhi High Court Denies Bail To Businessman Amandeep Singh Dhall

Title: AMANDEEP SINGH DHALL v. CENTRAL BUREAU OF INVESTIGATION

Citation: 2024 LiveLaw (Del) 685

The Delhi High Court has denied bail to businessman and director of Brindco Sales Private Limited, Amandeep Singh Dhall, in the corruption case connected to the alleged excise policy scam case.

CIC Can't Comment Upon Utilization Of Funds By MPs Under MPLADS: Delhi High Court Expunges Observations

Title: UNION OF INDIA THROUGH MOSPI v. RAM GOPAL DIXIT

Citation: 2024 LiveLaw (Del) 686

The Delhi High Court has recently observed that the Central Information Commission (CIC) has no jurisdiction to comment upon utilization of funds by the Members of Parliament under the Members of Parliament Local Area Development Scheme (MPLADS).

Once Arbitration Agreement Is Confirmed, Court Should Refrain From Delving Into Other Issues: Delhi High Court

Case Title: M/S Kld Creation Infrastructure Pvt.Ltd Vs National Highways And Infrastructure Development Corporation Limited

Citation: 2024 LiveLaw (Del) 687

The Delhi High Court bench of Justice Amit Bansal held that the role of the court is limited to verifying the existence of a valid arbitration agreement. The bench held that once the court confirms that the arbitration agreement exists, it should refrain from delving into other issues, which are to be decided by the arbitral tribunal.

Decide AAP's Plea For Temporary Accommodation For Office Space Within Six Weeks: Delhi High Court To Centre

Title: AAM AADMI PARTY v. UNION OF INDIA & OTHERS

Citation: 2024 LiveLaw (Del) 688

The Delhi High Court has directed the Central Government to decide within six weeks Aam Aadmi Party's request for temporary accommodation till a land is allotted to it for construction of permanent office space in the national capital.

Decide Plea For Implementation Of Fire Safety Norms In Nursing Homes Within Four Weeks: High Court To Delhi Govt

Title: YUGANSH MITTAL v. GOVT. OF NCT OF DELHI & ORS.

Citation: 2024 LiveLaw (Del) 689

The Delhi High Court has directed the Delhi Government to decide within four weeks a representation to frame basic norms on fire safety and sprinklers that could be implemented by smaller hospitals and nursing homes in the national capital.

Delhi High Court Restrains Punjab Based 'Donito's' From Using Domino's Trademark While Selling Pizzas And Burgers

Title: DOMINOS IP HOLDER LLC & ANR. v. M/S MG FOODS & ANR.

Citation: 2024 LiveLaw (Del) 690

The Delhi High Court has recently restrained a Punjab based food chain “Donito's” from using the trademark of Domino's for selling pizzas and burgers.

Justice Anish Dayal passed an ex-parte ad interim injunction in favour of Domino's pizza group of companies and directed Donito's to take down all references to its device marks in respect of Pizzas and Burgers from its domain www.donito's.in.

[Arbitration Act] Party Can't Challenge Procedural Order Passed By Arbitrator Under Section 9: Delhi High Court

Case Title: Jagdish Tyres Pvt. Ltd. Vs Indag Rubber Limited

Citation: 2024 LiveLaw (Del) 691

The Delhi High Court bench of Justice Prathiba M. Singh has held that a party is not permitted to challenge a procedural order passed by an arbitrator under Section 9 of the Arbitration and Conciliation Act, 1996.

Delhi High Court Imposes Costs Of Rs. 50,000 For Unnecessarily Challenging And Questioning Of Arbitrator's Mandate

Case Title: Ms. Sarika Chaturvedi Vs Agarwal Auto Traders & Ors.

Citation: 2024 LiveLaw (Del) 692

The Delhi High Court bench of Justice Prathiba M. Singh imposed costs of Rs.50,000/- on a party for unnecessarily challenging and questioning the mandate of the arbitrator. The bench held that the party's intent was to create a stale mate. It held that repeated interventions of the court in arbitral proceedings are to be avoided and parties cannot force the arbitrators to recuse/withdraw.

[Arbitration Act] General Explanation Of Intra-departmental Analysis And Discussions Doesn't Constitute Credible Explanation For Delay In Filing Appeal: Delhi High Court

Case Title: Telecommunication Consultants India Ltd (Tcil) Vs Ngbps Ltd

Citation: 2024 LiveLaw (Del) 693

The Delhi High Court bench of Justice Vibhu Bakhru and Justice Tara Vitasta Ganju held that a general explanation of intra-departmental analysis and discussions doesn't constitute as valid and credible explanation for condonation of delay in filing an appeal under Section 37 of the Arbitration and Conciliation Act, 1996.

Not Allowing Representation By A Defence Assistant Is Violative Of Principles Of Natural Justice: Delhi High Court

Case Name- Delhi Transport Corporation Vs Ram Avatar Sharma

Citation: 2024 LiveLaw (Del) 694

A single judge bench of the Delhi High Court comprising of Justice Chandra Dhari Singh in the case of Delhi Transport Corporation Vs Ram Avatar Sharma has held that a person not being allowed to be represented by a defence assistant & non-enclosure of past record of the person in chargesheet established that an enquiry proceedings is conducted in violation of principles of natural justice.

Under-Reporting And Misreporting Are Viewed As Separate And Distinct Misdemeanours; Delhi High Court Quashes Penalty

Case Title: GE Capital Us Holdings Inc Versus Dy Commissioner Of Income Tax (International Taxation)

Citation: 2024 LiveLaw (Del) 696

The Delhi High Court, while quashing the penalty, has held that both under-reporting and misreporting are viewed as separate and distinct misdemeanours.

The bench of Justice Yashwant Varma and Justice Purushaindra Kumar Kaurav has observed that, as per Section 270A(1), a person would be liable to be considered to have under-reported their income if the contingencies spoken of in clauses (a) to (g) of Section 270A(2) were attracted. In terms of Section 270A(3), the under-reported income is liable to be computed in accordance with the prescribed stipulations.

Exemption Allowable On Donations Made By One Charitable Trust To Other Charitable Institutions For Temporary Period: Delhi High Court

Case Title: Commissioner Of Income Tax (Exemptions) Versus M/S Jamnalal Bajaj Foundation

Citation: 2024 LiveLaw (Del) 697

The Delhi High Court has held that exemption is allowable on donations made by one charitable trust to other charitable institutions for a temporary period.

Liquor Policy: Delhi High Court Upholds Trial Court Order Rejecting Arun Pillai's Plea Against Commencement Of Arguments On Charge

Title: ARUN RAMCHANDRAN PILLAI v. CENTRAL BUREAU OF INVESTIGATION

Citation: 2024 LiveLaw (Del) 698

The Delhi High Court has upheld a trial court order rejecting the application moved by Hyderabad businessman Arun Ramchandra Pillai, accused in the alleged excise policy scam, against commencement of arguments on charge till conclusion of probe by Central Bureau of Investigation (CBI).

Death Of Unnao Rape Victim's Father: Delhi High Court Rejects Kuldeep Sengar's Plea Seeking Suspension Of Sentence

Title: KULDEEP SINGH SENGAR v. CENTRAL BUREAU OF INVESTIGATION

Citation: 2024 LiveLaw (Del) 699

The Delhi High Court has rejected a plea moved by expelled BJP leader Kuldeep Singh Sengar seeking suspension of his 10 years of sentence in the custodial death of Unnao rape victim's father.

Initiation Of Section 153C Assessment Proceedings Falling Beyond Maximum 10 Years Block Period Unsustainable: Delhi High Court

Case Title: Flowmore Limited Versus Deputy Commissioner Of Income Tax, Central Circle 28, New Delhi & Anr.

Citation: 2024 LiveLaw (Del) 700

The Delhi High Court has held that the initiation of Section 153C of the Income Tax Act assessment proceedings falling beyond the maximum 10-year block period is unsustainable.

'Not Same Transaction': Delhi High Court Rejects Convict's Plea Seeking Concurrent Running Of Sentences In UAPA Cases

Title: MOHSIN IBRAHIM SAYYED v. NIA

Citation: 2024 LiveLaw (Del) 701

The Delhi High Court has dismissed a plea moved by a convict seeking concurrent running of his jail terms in two UAPA cases, observing that the offences committed by him did not form part of the same transaction.

Decide Plea For Conducting Door To Door Survey To Collect Senior Citizens Data Within 12 Weeks: High Court To Delhi Govt

Title: SRI SALEK CHAND JAIN v. CHIEF SECRETARY, GOVERNMENT OF NCT, DELHI & ORS.

Citation: 2024 LiveLaw (Del) 702

The Delhi High Court has recently directed Delhi Government's Chief Secretary to decide within 12 weeks a plea to conduct a door to door survey to collect the data about total number of senior citizens in the national capital.

Definition Of Wages Under Minimum Wages Act Cannot Be Used To Calculate Bonus Under Payment Of Bonus Act: Delhi High Court

Case Name- Group 4 Securities Guarding Ltd Vs Secretary, Labour, Govt. of NCT of Delhi

Citation: 2024 LiveLaw (Del) 703

A single judge bench of the Delhi High Court comprising of Justice Chandra Dhari Singh in the case of Group 4 Securities Guarding Ltd Vs Secretary, Labour, Govt. of NCT of Delhi has held that definition of wages under Minimum Wages Act, 1948 cannot be used to calculate bonus under Payment of Bonus Act, 1965.

[Arbitration Act] Section 29A Allows Extension Requests Even After Arbitrator's Mandate Expires: Delhi High Court

Case Title: Glowsun Powergen Private Limited Vs Hammond Power Solutions Private Limited

Citation: 2024 LiveLaw (Del) 704

The Delhi High Court bench of Justice Dinesh Kumar Sharma held that Section 29A of the Arbitration and Conciliation Act, 1996 does not preclude the consideration of applications for extension of the arbitrator's mandate filed after the expiration of the mandate.

Court To Refrain From Intervening In Cases Where There Is An Effective Alternate Remedy, Unless Compelling Reasons To Do So: Delhi High Court

Case: Maya and Ors. v. Union of Indian and Ors.

Citation: 2024 LiveLaw (Del) 705

A single judge bench of the Delhi High Court comprising of Justice Chandra Dhari Singh while deciding a writ petition in the case of Maya and Ors. v. Union of Indian and Ors. has held that the Court is to refrain from intervening in cases where there is an effective alternate remedy, unless there exist compelling reasons to do so.

Copyright Cannot Be Granted To Ideas And Generic Terms Used Commonly In the Public Domain, Delhi High Court Invalidates Registration Of Phrase 'Coming Soon'

Case Title: HMD Mobile India Private Limited vs Mr Rajan Aggarwal and Anr.

Citation: 2024 LiveLaw (Del) 706

The Delhi High Court single bench of Justice Anish Dayal held that copyright protection cannot be provided to vague and abstract subjects, merely expressing a generic idea. The bench invalidated the registration of phrases like 'Coming Soon' and generic titles like 'Advertisement', which are commonly available in the public domain.