Delhi High Court Weekly Round-Up: May 13 To May 19, 2024

Citations 2024 LiveLaw (Del) 580 to 2024 LiveLaw (Del) 604

NOMINAL INDEX

ANJALI COLLEGE OF PHARMACY AND SCIENCE THROUGH ITS FOUNDER -CUM-CHAIRMAN DEVENDRA GUPTA v. DR. MONTU M. PATEL PRESIDENT PHARMACY COUNCIL OF INDIA & ANR. 2024 LiveLaw (Del) 580

Shaheen Abdulla & Ors. v. Election Commission of India 2024 LiveLaw (Del) 581

Jasmine Kaur Chhabra v. UOI & Ors. 2024 LiveLaw (Del) 582

M/S Durga Trading Company And Ors Versus The Additional Director General (Adjudication) And Anr. 2024 LiveLaw (Del) 583

Rajsheela Growth Fund (P) Ltd. Versus ITO 2024 LiveLaw (Del) 584

STATE GOVT. OF NCT OF DELHI v. UNIQUE IDENTIFICATION AUTHORITY OF INDIA, & ANR. 2024 LiveLaw (Del) 585

SARVESH v. ALL INDIA INSTITUTE OF MEDICAL SCIENCES & ORS. 2024 LiveLaw (Del) 586

SUNAYANA SIBAL & ORS. v. GOVERNMENT OF NCT OF DELHI & ORS. 2024 LiveLaw (Del) 587

BEIERSDORF AG v. HINDUSTAN UNILEVER LIMITED 2024 LiveLaw (Del) 588

CENTRE FOR POLICY RESEARCH v. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 14, DELHI & ANR. 2024 LiveLaw (Del) 589

State v. PDD and other connected matters 2024 LiveLaw (Del) 590

Mercator Ltd. Vs Dredging Corporation Of India Ltd And Connected Matters 2024 LiveLaw (Del) 591

Bausch And Lomb India Private Limited Versus Assessment Unit, National Faceless Assessment Centre, Delhi 2024 LiveLaw (Del) 592

The Principal Commissioner Of Customs, ACC Imports New Delhi Versus M/S. Salasar Synthetics 2024 LiveLaw (Del) 593

Tipping Mr Pink Private Limited Vs Tipping Mr Pink Private Limited 2024 LiveLaw (Del) 594

Deepak Maurya Vs Saraswathi Supari Processing Unit & Ors 2024 LiveLaw (Del) 595

KARIM HOTELS PVT LTD & ANR v. NIZAMUDDIN & ANR 2024 LiveLaw (Del) 596

Delhi Tourism And Transportation Development Corporation Vs M/S Satinder Mahajan 2024 LiveLaw (Del) 597

Mercator Ltd. Vs Dredging Corporation Of India Ltd And Connected Matters 2024 LiveLaw (Del) 598

Bausch And Lomb India Private Limited Versus Assessment Unit, National Faceless Assessment Centre, Delhi 2024 LiveLaw (Del) 599

SANJEEV KUMAR v. STATE OF NCT OF DELHI & ORS 2024 LiveLaw (Del) 600

Rachita Francis Xavier v Union of India & Ors 2024 LiveLaw (Del) 601

JAIKISHAN KAKUBHAI SARAF ALIAS JACKIE SHROFF v. THE PEPPY STORE & ORS. 2024 LiveLaw (Del) 602

Relaxo Footwears Limited v XS Brands Consultancy Private Limited & Ors 2024 LiveLaw (Del) 603

REKHA AND ORS v. GOVT OF NCT OF DELHI AND ORS 2024 LiveLaw (Del) 604

Delhi High Court Stays Felling Of Trees In Central Ridge, Orders Removal Of Garbage

Title: ANJALI COLLEGE OF PHARMACY AND SCIENCE THROUGH ITS FOUNDER -CUM-CHAIRMAN DEVENDRA GUPTA v. DR. MONTU M. PATEL PRESIDENT PHARMACY COUNCIL OF INDIA & ANR.

Citation: 2024 LiveLaw (Del) 580

The Delhi High Court has directed that no further felling of trees or removal of shrubs and other bushes shall take place in the Central Ridge in the national capital, without the permission of the Court.

The court has also directed the Forest Department and other local authorities to ensure that no dumping of garbage or any other waste material is carried out in the Central Ridge.

"Misconceived": Delhi High Court Rejects Plea Seeking FIR Against Prime Minister Narendra Modi Over Alleged 'Hate Speeches'

Title: Shaheen Abdulla & Ors. v. Election Commission of India

Citation: 2024 LiveLaw (Del) 581

The Delhi High Court rejected a plea seeking immediate action against Prime Minister Narendra Modi and other candidates for delivering allegedly “communally divisive speeches” in violation of the Model Code of Conduct amid the Lok Sabha polls.

Justice Sachin Datta rejected the plea observing that the same is wholly misconceived. 

143 Separate Public Toilets Built For Transgender Persons, Construction Of 253 More Underway: Delhi Govt To High Court

Case Title: Jasmine Kaur Chhabra v. UOI & Ors.

Citation: 2024 LiveLaw (Del) 582

The Delhi Government has informed the Delhi High Court that 143 separate public toilets have been constructed in the national capital for transgender persons.

The court is also informed that the construction of 223 public toilets for transgender persons is in process and the same is yet to start for 30 more toilets.

Show Cause Notice Not Adjudicated For Nearly 14 Years; Delhi High Court Issues Notice To Dept.

Case Title: M/S Durga Trading Company And Ors Versus The Additional Director General (Adjudication) And Anr.

Citation: 2024 LiveLaw (Del) 583

A division bench of the Delhi High Court, comprising Justice Sanjeev Sachdeva and Justice Ravinder Dudeja, has issued the notice to the department in a petition assailing the jurisdiction to adjudicate the Show Cause Notice, which has not been adjudicated for nearly 14 years.

The petitioner/assessee is a manufacturer of Pan Masala containing tobacco commonly known as Gutkha, commercially engaging under the brand name "Pukar.”

AO Can't Proceed With Assessment In Absence Of Section 127 Transfer Order: Delhi High Court

Case Title: Rajsheela Growth Fund (P) Ltd. Versus ITO

Citation: 2024 LiveLaw (Del) 584

The Delhi High Court has held that the Assessing Officer cannot proceed with assessment in the absence of a transfer order under Section 127 of the Income Tax Act.

The bench of Justice Yashwant Varma and Justice Purushaindra Kumar Kaurav has observed that once the case of the assessee is centralized, then the transfer of the case of the assessee to another AO would not be permissible without a decentralization order or transfer order under Section 127 of the Income Tax Act, as contrary to such a position outside the underlying objective that the Act seeks to achieve by virtue of powers enshrined under Section 127.

Delhi High Court Allows Police's Plea To Verify 'Forged Aadhar Card' Details Of Accused With Aadhar Data Bank

Title: STATE GOVT. OF NCT OF DELHI v. UNIQUE IDENTIFICATION AUTHORITY OF INDIA, & ANR.

Citation: 2024 LiveLaw (Del) 585

The Delhi High Court has recently directed the Unique Identification Authority of India (UIDAI) to provide to the Delhi Police all information pertaining to a “forged Aadhar card”, recovered from a man accused of supplying fake currency notes, for verifying it with the Aadhar data bank.

Justice Manoj Kumar Ohri allowed Delhi Police's plea seeking verification of the forged Aadhar card with the database, after the details did not match with the accused when checked on the UIDAI website.

Implement Recommendations Of Court Constituted Committee To Improve Medical Services: Delhi High Court To Chief Secretary

Title: SARVESH v. ALL INDIA INSTITUTE OF MEDICAL SCIENCES & ORS.

Citation: 2024 LiveLaw (Del) 586

The Delhi High Court has directed the Delhi Government's Chief Secretary to ensure implementation of the recommendations given by a seven member Committee constituted by the court to streamline the process of availing free medical treatment under various government schemes in the hospitals in the national capital.

Delhi High Court Issues Directions To Maintain Hygiene In Dairies, Medical Care Of Cattle

Title: SUNAYANA SIBAL & ORS. v. GOVERNMENT OF NCT OF DELHI & ORS.

Citation: 2024 LiveLaw (Del) 587

The Delhi High Court has recently issued a slew of directions for maintaining hygiene in dairies in the national capital, to ensure medical care of cattle kept therein and for use of spurious oxytocin.

A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet Ps Arora was prima facie not persuaded by the submission of the Delhi Government's Chief Secretary that the cattle in the dairies adjoining sanitary landfill sites in Delhi can be prevented from eating hazardous waste until 2025-26.

Delhi High Court Restrains HUL From Comparing Its 'Ponds' Products With 'Nivea', Says In-Mall Marketing Campaigns Also Advertisements

Title: BEIERSDORF AG v. HINDUSTAN UNILEVER LIMITED

Citation: 2024 LiveLaw (Del) 588

The Delhi High Court has restrained Hindustan Unilever Limited from engaging in marketing or advertising activity of comparing its 'Ponds' products with 'Nivea' products, either expressly or by implication or association, through sale representatives in various malls in the national capital and Gurugram.

Delhi High Court Directs Assessing Officer To Decide Centre For Policy Research's Application To Stay Income Tax Demand Afresh

Title: CENTRE FOR POLICY RESEARCH v. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 14, DELHI & ANR.

Citation: 2024 LiveLaw (Del) 589

The Delhi High Court has recently directed the Assessing Officer (AO) to decide afresh the application moved by the Indian public policy think tank Centre for Policy Research (CPR) seeking a stay of the income tax demand for the year 2022-23.

A division bench comprising of Justice Yashwant Varma and Justice Purushaindra Kumar Kaurav set aside the Assessing Officer's order passed on May 03 disposing of CPR's application for stay of the demand, while requiring the think tank to deposit 20% of the outstanding demand as a pre-condition for granting protection.

Delhi High Court Reverses Acquittal, Holds Father Guilty Of Repeatedly Raping Minor Daughter

Title: State v. PDD and other connected matters

Citation: 2024 LiveLaw (Del) 590

The Delhi High Court has reversed the acquittal of a man and held him guilty for repeatedly raping and sexually assaulting his minor daughter for around two years in 2011-13.

The man was acquitted by the trial court in June 2019. The FIR was registered on January 2013 on the basis of the victim's statement alleging that she was being assaulted by him for the last two years- 2011. The last incident of sexual assault was reported to be on January 04, 2013.

[Arbitration Act] Public Policy While Considering Enforcement Of Foreign Awards Has To Be Construed Narrowly, In Consonance With International Notions: Delhi High Court

Case Title: Mercator Ltd. Vs Dredging Corporation Of India Ltd And Connected Matters

Citation: 2024 LiveLaw (Del) 591

The Delhi High Court bench of Justice Prateek Jalan held that the public policy argument while considering enforcement of foreign awards has to be construed narrowly and in consonance with international notions of public policy. The bench held that all violations of statute or supporting legislation do not satisfy this ground, and violations must be of fundamental policies considered shocking to the conscience of the Court.

Case Title: Bausch And Lomb India Private Limited Versus Assessment Unit, National Faceless Assessment Centre, Delhi

Citation: 2024 LiveLaw (Del) 592

The Delhi High Court has deleted the addition for unexplained expenditure, which was based on the instruction issued by the Central Board of Indirect Taxes and Customs (CBIC).

“Merely proceeding on the basis that CBIC is an apex body and therefore, information provided by it cannot be doubted, without even identifying or meaningfully analyzing such information, is wholly insufficient to proceed to make an addition,” the bench of Justice Vibhu Bakhru and Justice Tara Vitasta Ganju observed.

Monetary Limit Of Rs. 1 Crore For Appeals To High Court; Delhi High Court Dismisses Dept's Appeal

Case Title: The Principal Commissioner Of Customs, ACC Imports New Delhi Versus M/S. Salasar Synthetics

Citation: 2024 LiveLaw (Del) 593

The Delhi High Court has dismissed the challenging redemption fine of Rs. 40 lakhs, citing instructions issued by the Central Board of Indirect Taxes and Customs (CBIC), which set the monetary limit of Rs. 1 crore for appeals to the high court.

Delhi High Court Grants Interim Injunction under S.9 of A&C act Restricting Savera Eats' Usage of 'Burger Singh'

Case Title: Tipping Mr Pink Private Limited Vs Tipping Mr Pink Private Limited

Citation: 2024 LiveLaw (Del) 594

The Delhi High Court single bench of Justice Sanjeev Narula granted an ex-parte interim injunction in favor of Tipping Mr Pink Private Limited to prevent Savera Eats from using the “Burger Singh” registered trademark. The bench held that despite the termination of the franchise agreement, Savera Eats continued to operate the franchise outlet under the Petitioner's registered trademark “Burger Singh”.

Court not Mechanically Send Dispute To Arbitral Tribunal, Must Consider Fundamental Issues u/s 11(6A): Delhi High Court

Case Title: Deepak Maurya Vs Saraswathi Supari Processing Unit & Ors

Citation: 2024 LiveLaw (Del) 595

The Delhi High Court single bench of Justice Dinesh Kumar Sharma held that the Court is not required to behave in a mechanical manner to send a party's dispute to the arbitral tribunal and must consider the fundamental issues, within the parameters outlined in Section 11(6-A) of the Arbitration and Conciliation Act, 1996.

Delhi High Court Rules In Favour Of Karim's In Trademark Lawsuit Against Karin's

Title: KARIM HOTELS PVT LTD & ANR v. NIZAMUDDIN & ANR

Citation: 2024 LiveLaw (Del) 596

The Delhi High Court has recently ruled in favour of Karim Hotels in its trademark infringement suit against a restaurant operated under the name Karin's.

Justice Sanjeev Narula decreed the suit in favour of Karim Hotels Private Limited and Karim's Mughlai Foods, which was accorded a license by the former authorising it to use “KARIM'S” trademark for commercial exploitation in relation to restaurant services.

Seat Of Arbitration To Be Determined On Basis Of Connection With Arbitration Proceedings, Not With Cause Of Action: Delhi High Court

Case Title: Delhi Tourism And Transportation Development Corporation Vs M/S Satinder Mahajan

Citation: 2024 LiveLaw (Del) 597

The Delhi High Court single bench of Justice Prateek Jalan held that the seat of the arbitration proceedings is to be determined on the basis of connection with the arbitral proceedings, and not with the cause of action for the underlying disputes.

[Arbitration Act] Enforcement Of Foreign Awards Should Not Be Declined On Composition Of Tribunal If Not Raised Before Tribunal Or Seat Court: Delhi High Court

Case Title: Mercator Ltd. Vs Dredging Corporation Of India Ltd And Connected Matters

Citation: 2024 LiveLaw (Del) 598

The Delhi High Court bench of Justice Prateek Jalan held that enforcement of foreign awards should not be declined on grounds relating to the composition of the tribunal, which could have been raised before the Tribunal and before the seat Court, but were not so raised. It held that the judgment debtor did not object, even at the stage of appointment, on this ground.

Unexplained Expenditure Addition Merely Based On CBIC Instruction Not Sustainable: Delhi High Court

Case Title: Bausch And Lomb India Private Limited Versus Assessment Unit, National Faceless Assessment Centre, Delhi

Citation: 2024 LiveLaw (Del) 599

The Delhi High Court has deleted the addition for unexplained expenditure, which was based on the instruction issued by the Central Board of Indirect Taxes and Customs (CBIC).

Delhi High Court Initiates Suo Moto Criminal Contempt Case Against Lawyer Who Made Personal Remarks On Judges

Title: SANJEEV KUMAR v. STATE OF NCT OF DELHI & ORS

Citation: 2024 LiveLaw (Del) 600

The Delhi High Court has initiated suo moto criminal contempt case against a lawyer who made personal remarks on judges and posted contemptuous comments in the chat box while appearing through virtual mode during proceedings.

“Petitioner appears to have taken a wrong end of law, aggrieved against adverse orders passed by the Judicial Officers of the District Courts as well as this Court and cannot be permitted to cross the red line, thereby making personal attack on the Judges which undermines the integrity of the Institution,” Justice Anoop Kumar Mendiratta said.

'Special Circumstances': Delhi High Court Directs Centre To Grant Citizenship U/S 5(4) To 17-Yr-Old Born In India To OCI Card Holders

Case Title: Rachita Francis Xavier v Union of India & Ors

Citation: 2024 LiveLaw (Del) 601

The Delhi High Court recently ordered the Central government to confer citizenship upon a 17-year-old girl who was born and raised in India to parents holding Overseas Citizens of India (OCI) status but were citizens of the United States at the time of her birth.

Delhi High Court Restrains Entities From Infringing Personality Rights Of Bollywood Actor Jackie Shroff

Title: JAIKISHAN KAKUBHAI SARAF ALIAS JACKIE SHROFF v. THE PEPPY STORE & ORS.

Citation: 2024 LiveLaw (Del) 602

The Delhi High Court has recently restrained various entities from infringing the personality and publicity rights of Bollywood actor Jackie Shroff.

Justice Sanjeev Narula passed an interim injunction order in favour of the actor in his suit seeking protection of his personality rights.

Delhi High Court Dismisses Relaxo's Plea Against HRX's Use Of 'X' Mark In Trademark For Footwear

Case Title: Relaxo Footwears Limited v XS Brands Consultancy Private Limited & Ors

Citation: 2024 LiveLaw (Del) 603

The Delhi High Court has dismissed a plea by leading footwear manufacturer Relaxo, which sought to prevent HRX from using the 'X' mark in its trademark for selling footwear.

Justice Anish Dayal, presiding over the case, denied the interim injunction application filed by Relaxo. He rejected Relaxo's claim that the 'X' used by HRX appeared deceptively similar to the 'X' used by Relaxo's Sparx brand of footwear.

Delhi High Court Orders ₹30 Lakh Compensation To Kin Of Three Deceased Manual Scavengers

Title: REKHA AND ORS v. GOVT OF NCT OF DELHI AND ORS

Citation: 2024 LiveLaw (Del) 604

The Delhi High Court has ordered compensation of Rs. 30 lakh each to the kin of three manual scavengers who died while cleaning a drain in 2017.

Justice Sachin Datta directed the city authorities to pay the amount to the families within eight weeks.