Delhi High Court Weekly Round-Up: June 19 To June 25

Citations 2023 LiveLaw (Del) 522 to 2023 LiveLaw (Del) 528

NOMINAL INDEX

Sachin @ Joginder Singh v. State Govt Of NCT Of Delhi & Ors. 2023 LiveLaw (Del) 522

Shah Alam v. NCT Delhi 2023 LiveLaw (Del) 523

MoolChand Kharaiti Ram Hospital & Ayurvedic Research institute v. Workers & Ors. 2023 LiveLaw (Del) 524

SPP Food Products Pvt Ltd vs India Overseas Co 2023 LiveLaw (Del) 525

VODAFONE MAURITIUS LIMITED Versus ACIT 2023 LiveLaw (Del) 526

New India Assurance Co Ltd. v. Himanshu Sharma & Ors. 2023 LiveLaw (Del) 527

Babu Lal Bhawariya v. State Of NCT Delhi 2023 LiveLaw (Del) 528

Plant 10 Trees, File Status Report With Photos Every Year For A Decade: Delhi High Court's Condition For Quashing FIR Related To Altercation

Case Title: Sachin @ Joginder Singh v. State Govt Of NCT Of Delhi & Ors.

Citation: 2023 LiveLaw (Del) 522

Quashing an FIR related to an altercation, the Delhi High Court directed the accused to plant 10 trees each of indigenous variety in the vicinity of their residence, in consultation with the Investigating Officer.

Justice Jasmeet Singh asked the IO to get in touch with the concerned Horticulture Department of the MCD and indicate the area, where the trees are to be planted. "The trees need not be in one cluster but can be in parks, boundary walls etc, wherever the concerned department deems it fit and proper. The plantation process shall be carried out within 4 weeks," said the court.

The FIR was registered Sections 308, 452, 341, 506, 323 and 34 IPC, and has been quashed after the parties compromised the matter.

Imprisonment At Trial Stage Cannot Be Prolonged Only For Teaching Accused A Lesson: Delhi High Court Grants Bail To Accused In Kidnapping Case

Case Title: Shah Alam v. NCT Delhi

Citation: 2023 LiveLaw (Del) 523

Granting bail to an accused in a case of kidnapping for ransom after a custody of almost two years and nine months, the Delhi High Court said that at the stage of the trial, imprisonment cannot be prolonged only for the purpose of teaching the accused a lesson.

Justice Vikas Mahajan said it is trite that the seriousness of an offence is not the only criteria for denial of bail.

"A person who has not been convicted should only be kept in custody, if there is a possibility that he or she might abscond or tamper with evidence or threaten the witness. Merely because the offence is of a serious nature, cannot be the ground to curtail the personal liberty of an under trial for an indefinite period," said the court.

Enterprise Being Run On Commercial Lines Involving Generation Of Profit Cannot Escape Liability Under Payment Of Bonus Act: Delhi High Court

Case Title: MoolChand Kharaiti Ram Hospital & Ayurvedic Research institute v. Workers & Ors.

Citation: 2023 LiveLaw (Del) 524

Observing that an enterprise being run on commercial lines cannot escape liability under Payment of Bonus Act, the Delhi High Court recently upheld a single judge bench’s decision of upholding Industrial Tribunal Award to pay bonus for the year 1997-98 to the workers of Moolchand Kharaiti Ram Hospital & Ayurvedic Research Institute.

“If an enterprise is being run on commercial lines involving generation of profit then it cannot escape liability under the Act by contending that it was not established for the purpose of profit,” said the division bench of Justice Najmi Waziri and Justice Sudhir Kumar Jain.

Process Of Court Cannot Be Utilized For Gathering Information About Whereabouts Of Judgment Debtor: Delhi High Court

Case Title: SPP Food Products Pvt Ltd vs India Overseas Co

Citation: 2023 LiveLaw (Del) 525

The Delhi High Court has ruled that the process of the court cannot be utilized for the purpose of gathering information as to the whereabouts or other information in respect of the judgment debtor.

The court said it is the primary obligation of the decree holder itself to obtain such information from wherever it is possible.

The bench of Justice Tushar Rao Gedela made the observations while dismissing a petition challenging the order of the trial court that had rejected the application filed by decree holder, SPP Food Products Pvt Ltd, in the execution proceedings initiated against the judgment debtor, India Overseas Co.

Delhi High Court Directs AO To Provide Information To Vodafone Mauritius To Drive Out The Validity Of TRC

Case Title: VODAFONE MAURITIUS LIMITED Versus ACIT

Citation: 2023 LiveLaw (Del) 526

The Delhi High Court has directed the AO to provide information to Vodafone Mauritius to determine the validity of the Tax Residency Certificate (TRC).

The bench of Justice Rajiv Shakdher and Justice Girish Kathpalia has observed that nothing in the form of information or material has been put to the petitioner, which would conclude that the TRC issued to the petitioner was not a viable document in law.

The petitioner has challenged the order and notice passed by the Assessing Officer without regard to the Tax Residency Certificate (TRC) issued in its favour.

Delhi High Court Orders Plantation Of At least 10,000 Trees To Utilise Money Recovered From Defaulting Litigants

Case Title: New India Assurance Co Ltd. v. Himanshu Sharma & Ors.

Citation: 2023 LiveLaw (Del) 527

The Delhi High Court has ordered for plantation of at least 10,000 trees in the national capital to utilise over Rs 80 lakhs that were deposited in the court as costs imposed on defaulting parties in different cases including contempt and writ petitions.

“These monies are to be utilized for larger public good. Plantation of trees is one such exercise which the court would consider because trees, for as long as they are alive, be it for decades or for centuries, would incessantly and silently provide multiple benefits to the city; provided however, that people and the land- owning agencies do not interfere in or hinder their growth,”said Justice Najmi Waziri.

Delhi High Court Rejects Bail Plea Of Teacher Accused Of Raping His Student

Case Title: Babu Lal Bhawariya v. State Of NCT Delhi

Citation: 2023 LiveLaw (Del) 528

The Delhi High Court has rejected the bail plea of a teacher who was accused of repeatedly raping his minor student and threatening to make video-recording of it viral. The accused stands booked under section 376 of IPC and section 6 of the Protection of Children from Sexual Offences Act, 2012.

“The court cannot also ignore the fact that since the petitioner and the prosecutrix were interacting as teacher and student, the alleged offence, if it comes to be proved during trial, takes an egregious and aggravated form, particularly in view of the specific statutory mandate under section 376(2)(f) of the IPC and section 5(f) of the POCSO Act,” Justice Anup Jairam Bhambhani said in the order.

OTHER UPDATES

Delhi High Court Issues Notice To NCERT On Plea Challenging Tender Inviting Bids From Only Empanelled Firms

The Delhi High Court has issued notice to NCERT and the Central Government in a plea challenging the tender issued by NCERT for the supply of items of the New Kit, Jaadui Pitara. The plea alleges that tender is “biased and one-sided” because it specifically invites online bids only from firms currently empaneled with NCERT.

Samit Khanna, proprietor of M/s Universal Sales, who deals in the manufacturing and distribution of toys, has filed a petition alleging that the criteria of an empaneled firm, as set by NCERT, is biased.

Despite meeting all other eligibility criteria, the petition stated that it could not submit its Techno-Commercial Bid due to the above “one-sided criteria” set by the NCERT.

Delhi High Court Issues Notice On Plea Seeking Restoration Of SC & ST Reservation In Recruitment To Non-Teaching Posts Of Jamia Millia Islamia

The Delhi High Court has issued a notice to Jamia Millia Islamia and the Union Government in a petition challenging the recruitment notification for the appointment of non-teaching staff in Jamia Millia Islamia University, for not extending reservation to the SC & ST categories.

Observing “the matter requires consideration”, Justice Vikas Mahajan issued notice to the respondents and directed them to file a counter affidavit within three weeks.

“In the meanwhile, the Respondent University is directed to keep one post vacant for the petitioners in each category [i.e. – (i) Assistant Registrar, (ii) Section Officer and, (iii) LDC], under which they have applied,” said the Court.