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Delhi High Court Weekly Round-Up: March 03 To March 09, 2025
Nupur Thapliyal
9 March 2025 5:22 AM
Citations 2025 LiveLaw (Del) 254 to 2025 LiveLaw (Del) 298NOMINAL INDEXSHIVAM PANDEY v. STATE 2025 LiveLaw (Del) 254 Y V v. KENDRIYA VIDYALAYA & ORS. 2025 LiveLaw (Del) 256 HARIT NURSERIES WELFARE ASSOCIATION (REGD.) & ANR. v. DELHI DEVELOPMENT AUTHORITY & ORS. 2025 LiveLaw (Del) 257 Y S CHOWDARY v. ED and other connected matters 2025 LiveLaw (Del) 258 GOVIND YADAV v. UNION...
Citations 2025 LiveLaw (Del) 254 to 2025 LiveLaw (Del) 298
NOMINAL INDEX
SHIVAM PANDEY v. STATE 2025 LiveLaw (Del) 254
Y V v. KENDRIYA VIDYALAYA & ORS. 2025 LiveLaw (Del) 256
HARIT NURSERIES WELFARE ASSOCIATION (REGD.) & ANR. v. DELHI DEVELOPMENT AUTHORITY & ORS. 2025 LiveLaw (Del) 257
Y S CHOWDARY v. ED and other connected matters 2025 LiveLaw (Del) 258
GOVIND YADAV v. UNION OF INDIA AND ORS. 2025 LiveLaw (Del) 259
VAIBHAV KUMAR v. STATE THROUGH SHO RAJOURI GARDEN 2025 LiveLaw (Del) 260
Suparshva Swabs (I) v. National Faceless Appeal Centre & Ors. 2025 LiveLaw (Del) 261
Flourish Hospitals Pvt. Ltd vs. Delhi Development Authority 2025 LiveLaw (Del) 262
CCL 'K' v. THE STATE (NCT OF DELHI) 2025 LiveLaw (Del) 263
Niva Bupa Health Insurance Company Ltd. vs. Nicenic International Group Company Limited & Ors. 2025 LiveLaw (Del) 264
SHABBIR KHAN v. UNION OF INDIA & ANR. 2025 LiveLaw (Del) 265
Jayati Mozumdar v. Managing Committee Sri Sathya Sai Vidya Vihar & Anr. 2025 LiveLaw (Del) 266
Rajbir Singh Sihmar And Ors v. Union Of India And Ors 2025 LiveLaw (Del) 267
Pr. Commissioner Of Income Tax (Central)-2 v. Nagar Dairy Pvt. Ltd. 2025 LiveLaw (Del) 268
Saurabh Tripathi & Ors. v. Jamia Millia Islamia and other connected matters 2025 LiveLaw (Del) 269
Sushil Kumar v. State 2025 LiveLaw (Del) 270
Phonographic Performance Limited vs. Azure Hospitality Private Limited 2025 LiveLaw (Del) 271
GAGAN v. STATE (NCT OF DELHI) 2025 LiveLaw (Del) 272
Christian Michel James v. ED 2025 LiveLaw (Del) 273
Interglobe Aviation Ltd v. Principal Commissioner Of Customs Acc (Import) New Custom House New Delhi & Ors. and batch 2025 LiveLaw (Del) 274
DHOBI GHAT JHUGGI ADHIKAR MANCH v. DELHI DEVELOPMENT AUTHORITY & ORS. 2025 LiveLaw (Del) 275
Arth Vidhi v. Union of India & Ors. 2025 LiveLaw (Del) 276
CBI v. MD. YASEEN WANI & ORS. 2025 LiveLaw (Del) 277
Leelam v. Union of India & Ors. 2025 LiveLaw (Del) 278
INCITE HOMECARE PRODUCTS PVT LTD versus R K SWAMY PVT LTD ERSTWHILE RK SWAMY BBDO PVT LTD 2025 LiveLaw (Del) 279
CBI vs. Neeraj Kumar 2025 LiveLaw (Del) 280
Sudesh Hans v. Gian Chand Hans and Another 2025 LiveLaw (Del) 281
RESCOM MINERAL TRADING FZE versus RASHTRIYA ISPAT NIGAM LIMITED RINL AND ANR 2025 LiveLaw (Del) 282
Tata Teleservices Limited v. The Commissioner CGST Delhi East & Anr. 2025 LiveLaw (Del) 283
PRAGYA SINGH versus DELHI SUBORDINATE SERVICES SELECTION BOARD THROUGH ITS DIRECTOR & ORS 2025 LiveLaw (Del) 284
M/S DD Interiors v. Commissioner Of Service Tax & Anr. 2025 LiveLaw (Del) 285
Ramesh Chander v. The Chairman Central Board Of Direct Taxes, & Ors. 2025 LiveLaw (Del) 286
GE Grid (Switzerland) GMBH v. Assistant Commissioner Of Income Tax & Anr. 2025 LiveLaw (Del) 287
Sentec India Company Private Limited v. Assistant Commissioner Of Customs, Delhi & Ors. 2025 LiveLaw (Del) 288
Rahul Vattamparambil Remesh v. Union Of India & Ors 2025 LiveLaw (Del) 289
MRP (IDENTITY WITHHELD) v. STATE (NCT OF DELHI) 2025 LiveLaw (Del) 290
MEENU AGRAWAL v. BHARAT GOEL 2025 LiveLaw (Del) 291
Chotiwala Food And Hotels Private Limited vs. Chotiwala & Ors. 2025 LiveLaw (Del) 292
C SHARMA v. NAVDEEP SINGH & ORS. 2025 LiveLaw (Del) 293
M/S Kashish Optics Ltd. v. The Commissioner, CGST Delhi West & Ors. 2025 LiveLaw (Del) 294
YASH RAJ FILMS PRIVATE LIMITED & ANR v. STATE OF NCT OF DELHI & ANR. 2025 LiveLaw (Del) 295
Fasttrack Tieup Pvt. Ltd v. Union of India 2025 LiveLaw (Del) 296
Kiranakart Technologies Private Limited vs. Mohammad Arshad & Anr (C.O. 2025 LiveLaw (Del) 297
Title: SHIVAM PANDEY v. STATE
Citation: 2025 LiveLaw (Del) 254
The Delhi High Court has said that if a consensual physical relationship continues for a long period, it cannot be said that the woman's consent was purely based on the promise to marry.
Title: Y V v. KENDRIYA VIDYALAYA & ORS.
Citation: 2025 LiveLaw (Del) 256
The Delhi High Court has observed that a “complete ban” on use of smartphones by students attending school is both an “undesirable and unworkable” approach.
Title: HARIT NURSERIES WELFARE ASSOCIATION (REGD.) & ANR. v. DELHI DEVELOPMENT AUTHORITY & ORS.
Citation: 2025 LiveLaw (Del) 257
The Delhi High Court has observed that the Yamuna river in the national capital has surpassed the threshold and any interference in its restorative and rejuvenation is not justified.
Title: Y S CHOWDARY v. ED and other connected matters
Citation: 2025 LiveLaw (Del) 258
The Delhi High Court has ruled that the Appellate Tribunal for Foreign Exchange cannot pronounce a person “guilty” of the offences under the Foreign Exchange Regulation Act, 1973.
Title: GOVIND YADAV v. UNION OF INDIA AND ORS.
Citation: 2025 LiveLaw (Del) 259
The Delhi High Court has dismissed an appeal filed by Janata Dal United's (JDU) expelled member Govind Yadav against a single bench order, which dismissed his petition challenging the internal party elections held by JDU in 2016 electing Nitish Kumar as President of the political party.
Title: VAIBHAV KUMAR v. STATE THROUGH SHO RAJOURI GARDEN
Citation: 2025 LiveLaw (Del) 260
The Delhi High Court has issued directions to the trial courts in the national capital for compliance of higher courts' orders to conclude pending trials expeditiously in a time bound manner.
Case title: Suparshva Swabs (I) v. National Faceless Appeal Centre & Ors.
Citation: 2025 LiveLaw (Del) 261
The Delhi High Court has expressed grave concern over the pendency of over 5.4 Lakh appeals before the National Faceless Appeal Centre (NFAC).
Case title: Flourish Hospitals Pvt. Ltd vs. Delhi Development Authority
Citation: 2025 LiveLaw (Del) 262
The Delhi High Court has reprimanded the Delhi Development Authority (DDA) for failing to properly demarcate a plot of land for constructing a hospital, leading to allotment of excess land to the lessee, non-execution of the lease deed and the demand for ground rent from the lessee before proper demarcation of the land.
Title: CCL 'K' v. THE STATE (NCT OF DELHI)
Citation: 2025 LiveLaw (Del) 263
The Delhi High Court has ruled that the trial proceedings of a child alleged to be in conflict with law and an adult offender cannot be held jointly after a preliminary assessment of Juvenile Justice Board (JJB) is done declaring the child in conflict with law to be psychologically and physically mature.
Case title: Niva Bupa Health Insurance Company Ltd. vs. Nicenic International Group Company Limited & Ors.
Citation: 2025 LiveLaw (Del) 264
While granting temporary injunction in favour of Niva Bupa Health Insurance Company, the Delhi High Court restrained unknown entities from publishing, distributing or disclosing the company's confidential data pertaining to its customers, after the company received a ransomware threat.
Title: SHABBIR KHAN v. UNION OF INDIA & ANR.
Citation: 2025 LiveLaw (Del) 265
The Union Government has informed the Delhi High Court that an Indian woman, resident of Uttar Pradesh, who was on death row in Abu Dhabi, UAE, for alleged murder of a four month old child, was executed on February 15.
Case Name : Jayati Mozumdar v. Managing Committee Sri Sathya Sai Vidya Vihar & Anr.
Citation: 2025 LiveLaw (Del) 266
The Delhi High Court bench comprising of Justice Prateek Jalan held that a private unaided school is subject to writ jurisdiction under Article 226 of the Constitution if its service conditions are governed by statutory provisions like the Delhi School Education Act and Rules, 1973 (DSEAR).
Case Name : Rajbir Singh Sihmar And Ors v. Union Of India And Ors
Citation: 2025 LiveLaw (Del) 267
A Division bench of the Delhi High Court comprising of Justice Navin Chawla & Justice Shalinder Kaur held that MACP scheme benefits must be granted along with pension benefits to employees whose service is deemed to extend until 60 years.
Case title: Pr. Commissioner Of Income Tax (Central)-2 v. Nagar Dairy Pvt. Ltd.
Citation: 2025 LiveLaw (Del) 268
The Delhi High Court has held that Section 260A of the Income Tax Act, 1961, which pertains to appeals to High Courts, does not envisage the filing of cross-objections by the opposite party, unlike Order XLI Rule 22 CPC.
Title: Saurabh Tripathi & Ors. v. Jamia Millia Islamia and other connected matters
Citation: 2025 LiveLaw (Del) 269
The Delhi High Court has directed that a committee be constituted to “calm down” the situation amid recent students' protest in the Jamia Millia Islamia (JMI).
Delhi High Court Grants Bail To Wrestler Sushil Kumar In Sagar Dhankar Murder Case
Title: Sushil Kumar v. State
Citation: 2025 LiveLaw (Del) 270
The Delhi High Court has granted regular bail to wrestler Sushil Kumar in relation to the case of murder of 27-year-old former junior national wrestling champion Sagar Dhankar in May 2021.
Case title: Phonographic Performance Limited vs. Azure Hospitality Private Limited
Citation: 2025 LiveLaw (Del) 271
The Delhi High Court has granted a temporary injunction in favour of Phonographic Performance Limited (PPL), restraining Azure Hospitality Private Limited which runs several restaurants, from playing PPL's copyrighted songs at the premises of its restaurants.
Title: GAGAN v. STATE (NCT OF DELHI)
Citation: 2025 LiveLaw (Del) 272
The Delhi High Court declared the arrest of a man as illegal, in an abetment of suicide case, after noting that neither “grounds of arrest” column was there in the arrest memo nor the grounds were separately served upon him at the time of his arrest.
Delhi High Court Grants Bail To Christian Michel Booked By ED In AgustaWestland Chopper Scam
Case Title: Christian Michel James v. ED
Citation: 2025 LiveLaw (Del) 273
The Delhi High Court has granted bail to British Arms Counsultant Christian James Michel in the FIR registered by Enforcement Directorate (ED) in connection with the Agusta Westland chopper scam.
Case title: Interglobe Aviation Ltd v. Principal Commissioner Of Customs Acc (Import) New Custom House New Delhi & Ors. and batch
Citation: 2025 LiveLaw (Del) 274
In big relief to Indigo airlines, the Delhi High Court has held that an additional levy of Integrated Goods and Services Tax (IGST) and cess under Section 3(7) of the Customs Tariff Act, 1975 on re-import of aircraft parts that were repaired abroad, is unconstitutional.
Title: DHOBI GHAT JHUGGI ADHIKAR MANCH v. DELHI DEVELOPMENT AUTHORITY & ORS.
Citation: 2025 LiveLaw (Del) 275
The Delhi High Court has observed that Yamuna floodplains in the national capital is ecologically sensitive and any unlawful encroachment or construction in the area poses significant threat to it.
Case Title: Arth Vidhi v. Union of India & Ors.
Citation: 2025 LiveLaw (Del) 276
The Delhi High Court has refused to entertain an application filed by various individuals seeking intervention in a pending public interest litigation filed over the recent stampede that occurred at New Delhi Railway Station on February 15.
Title: CBI v. MD. YASEEN WANI & ORS.
Citation: 2025 LiveLaw (Del) 277
The Delhi High Court has held that it is impermissible to award a sentence which is less than the minimum prescribed term under the Wild Life (Protection) Act, 1972.
Title: Leelam v. Union of India & Ors.
Citation: 2025 LiveLaw (Del) 278
Delhi High Court: A Division Bench of Justices Navin Chawla and Shalinder Kaur held that death of a CRPF Sub-Inspector in a road accident during casual leave does not qualify for Liberalized Family Pension or Ex-Gratia Compensation. The court held that mere classification of leave as 'on duty' under service rules is not enough unless there exists a direct causal link between the death and the performance of official duties. It ruled that for Liberalized Family Pension or Ex-Gratia Compensation, the death must occur in circumstances related to the performance of official duties.
Case Title: INCITE HOMECARE PRODUCTS PVT LTD versus R K SWAMY PVT LTD ERSTWHILE RK SWAMY BBDO PVT LTD
Citation: 2025 LiveLaw (Del) 279
The Delhi High Court Bench of Justice Dharmesh Sharma has held that during the calculation of the limitation period of three months for the application under Section 34(1) of the Act, the time during which the applicant was prosecuting such application before the wrong court is excluded. Court noted that the proceedings in the wrong court should be bona fide, with due diligence.
Case title: CBI vs. Neeraj Kumar
Citation: 2025 LiveLaw (Del) 280
The Delhi High Court has observed that a Trial Court's order allowing the application of an accused for preservation of Call Detail Records and location data of CBI officers and independent witnesses is an 'interlocutory order' and thus a revision petition under Section 397 CrPC challenging the order is not applicable.
Case Title: Sudesh Hans v. Gian Chand Hans and Another
Citation: 2025 LiveLaw (Del) 281
The Delhi High Court Bench of Justice Manoj Kumar Ohri has reiterated that the filing of the arbitral award under challenge along with application under Section 34 of the Arbitration and Conciliation Act is not a mere procedural formality but an essential requirement and non-filing of the same would make the application non est in the eyes of law.
Case Title: RESCOM MINERAL TRADING FZE versus RASHTRIYA ISPAT NIGAM LIMITED RINL AND ANR
Citation: 2025 LiveLaw (Del) 282
The Delhi High Court bench of Justice Manoj Kumar Ohri has granted interim relief to a petitioner under Section 9 of the Arbitration and Conciliation Act, 1996 to the extent of 50% of the balance outstanding claimed i.e., Rs. 69.50 Crores by attaching TMT Steel bars (finished product) of the equivalent amount in a dispute over the quality of coal delivered, which was used to manufacture the steel bars.
Case title: Tata Teleservices Limited v. The Commissioner CGST Delhi East & Anr.
Citation: 2025 LiveLaw (Del) 283
The Delhi High Court has asked the Customs Excise & Service Tax Appellate Tribunal to decide whether levy of tax on the services purchased by a prepaid subscriber of Tata Teleservices, using the existing mobile balance on which tax was already paid, would amount to double taxation.
Case Title: PRAGYA SINGH versus DELHI SUBORDINATE SERVICES SELECTION BOARD THROUGH ITS DIRECTOR & ORS
Citation: 2025 LiveLaw (Del) 284
A Division Bench of the Delhi High Court comprising Justices C.Hari Shankar and Anup Kumar Mendiratta dismissed a Petition whereby the Petitioner sought quashing of a notice by which her candidature was rejected. The Bench held that since the Petitioner had filed two application forms and had also concealed her educational qualifications before the Tribunal as well as the Court, she would not be entitled to any sort of relief.
Case title: M/S DD Interiors v. Commissioner Of Service Tax & Anr.
Citation: 2025 LiveLaw (Del) 285
The Delhi High Court has held that merely because a pre-deposit prescribed under Section 35F of the Central Excise Act, 1944, for preferring an appeal is made in the wrong account, that too when the integrated portal might not have been fully functional, cannot result in rejection of appeal on the ground of defects.
Case title: Ramesh Chander v. The Chairman Central Board Of Direct Taxes, & Ors.
Citation: 2025 LiveLaw (Del) 286
The Delhi High Court rejected the petition filed by the Principal Commissioner of Income Tax, seeking a declaration against the Appointments Committee Of Cabinet (ACC) which promoted him to the post with purported delay.
Case title: GE Grid (Switzerland) GMBH v. Assistant Commissioner Of Income Tax & Anr.
Citation: 2025 LiveLaw (Del) 287
The Delhi High Court has held that the existence of a foreign entity's Permanent Establishment (PE) in India is required to be determined in law for each year separately on the basis of the scope, extent, nature and duration of activities in each year.
Case title: Sentec India Company Private Limited v. Assistant Commissioner Of Customs, Delhi & Ors.
Citation: 2025 LiveLaw (Del) 288
The Delhi High Court has held that an Extra Duty Deposit (EDD) does not constitute a payment in the nature of customs duty under the scope of Section 27 of the Customs Act, 1962 and thus, the period of limitation for seeking a refund of customs duty under the provision would not apply qua EDD.
Case title: Rahul Vattamparambil Remesh v. Union Of India & Ors
Citation: 2025 LiveLaw (Del) 289
The Delhi High Court has expressed its displeasure at the frequent non-appearance of government counsel in customs related matters.
Title: MRP (IDENTITY WITHHELD) v. STATE (NCT OF DELHI)
Citation: 2025 LiveLaw (Del) 290
The Delhi High Court has held that pressing lips of a minor victim and lying very close to her may amount to offence of outraging her modesty under Indian Penal Code but the same may not amount to offence of aggravated sexual assault under POCSO Act if overt sexual intent is absent.
Title: MEENU AGRAWAL v. BHARAT GOEL
Citation: 2025 LiveLaw (Del) 291
The Delhi High Court has said that while dealing with matrimonial matters, family courts must adopt an approach which is different from ordinary civil proceedings.
Case title: Chotiwala Food And Hotels Private Limited vs. Chotiwala & Ors.
Citation: 2025 LiveLaw (Del) 292
The Delhi High Court has recently granted a permanent injunction in favour of Rishikesh-based restaurant Chotiwala Food And Hotels Private Limited, restraining three Delhi-based restaurants from using Chotiwala's name, trademark and artistic work.
Title: C SHARMA v. NAVDEEP SINGH & ORS.
Citation: 2025 LiveLaw (Del) 293
The Delhi High Court has upheld the dismissal of a woman's complaint who claimed that she survived about 25 gunshot wounds in her head and heart using ayurvedic medicines without surgery or going to the hospital.
Case title: M/S Kashish Optics Ltd. v. The Commissioner, CGST Delhi West & Ors.
Citation: 2025 LiveLaw (Del) 294
The Delhi High Court has held that an assessee must be issued notice within six months of seizure of its goods under Section 67 of the Central Goods and Services Tax Act 2017, failing which the goods must be returned by the Department.
Title: YASH RAJ FILMS PRIVATE LIMITED & ANR v. STATE OF NCT OF DELHI & ANR.
Citation: 2025 LiveLaw (Del) 295
The Delhi High Court has stayed further investigation against Yash Raj Films Private Limited and director Aditya Chopra in the FIR registered against them in relation to the Shamshera movie copyright case.
Case title: Fasttrack Tieup Pvt. Ltd v. Union of India
Citation: 2025 LiveLaw (Del) 296
The Delhi High Court has held that the Income Tax Department cannot, suspecting escapement of tax on income by an assessee, indefinitely attach its properties without taking further steps to resolve the matter.
Case title: Kiranakart Technologies Private Limited vs. Mohammad Arshad & Anr (C.O.
Citation: 2025 LiveLaw (Del) 297
The Delhi High Court has directed the cancellation of 'Zepto' trademark registered in 2014 by an individual, in a rectification petition filed by consumer goods delivery services Kiranakart Technologies Private Limited which operates under the Zepto mark.
Case title: PCIT-1, New Delhi v. Beam Global Spirits & Wine (India) Pvt.Ltd.
Citation: 2025 LiveLaw (Del) 298
The Delhi High Court has held that before the Income Tax Department commences transfer pricing benchmarking analysis of an assessee's international transactions, the very existence of such 'international transaction' must be determined.