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Delhi High Court Weekly Round-Up: May 27 To June 02, 2024
Nupur Thapliyal
4 Jun 2024 6:27 PM IST
Citations 2024 LiveLaw (Del) 638 to 2024 LiveLaw (Del) 672NOMINAL INDEXMUNNA SINGH & ANR. v. STATE OF NCT OF DELHI & ORS. 2024 LiveLaw (Del) 638 SHREE HANUMANT DHARMIK RAMLEELA COMMITTEE REGD & ANR. v. DELHI DEVELOPMENT AUTHORITY & ORS. 2024 LiveLaw (Del) 639 SHRIKANT PRASAD v. GOVT OF N.C.T OF DELHI AND ORS 2024 LiveLaw (Del) 640 SpiceJet v. TWC Aviation 2024 LiveLaw...
Citations 2024 LiveLaw (Del) 638 to 2024 LiveLaw (Del) 672
NOMINAL INDEX
MUNNA SINGH & ANR. v. STATE OF NCT OF DELHI & ORS. 2024 LiveLaw (Del) 638
SHREE HANUMANT DHARMIK RAMLEELA COMMITTEE REGD & ANR. v. DELHI DEVELOPMENT AUTHORITY & ORS. 2024 LiveLaw (Del) 639
SHRIKANT PRASAD v. GOVT OF N.C.T OF DELHI AND ORS 2024 LiveLaw (Del) 640
SpiceJet v. TWC Aviation 2024 LiveLaw (Del) 641
BHAVREEN KANDHARI v. SHRI C. D. SINGH AND ORS. 2024 LiveLaw (Del) 642
YAMIN ALI v. GOVERNMENT OF NCT OF DELHI AND ORS. 2024 LiveLaw (Del) 643
REKHA OBEROI v. AMIT OBEROI 2024 LiveLaw (Del) 644
ABOOBACKER E. v. National Investigation Agency 2024 LiveLaw (Del) 645
ED v. Ajay S Mittal 2024 LiveLaw (Del) 646
MANJU TOKAS & ANR v. GNCT OF DELHI THROUGH DIVISIONAL COMMISSIONER & ORS. 2024 LiveLaw (Del) 647
Sharjeel Imam v. State 2024 LiveLaw (Del) 648
PRACHEEN SHIV MANDIR AVAM AKHADA SAMITI v. DELHI DEVELOPMENT AND ORS. 2024 LiveLaw (Del) 649
CAPTAIN DEEPAK KUMAR v. ELECTION COMMISSION OF INDIA 2024 LiveLaw (Del) 650
Dr. Satendra Singh Vas Union Of India & Ors. 2024 LiveLaw (Del) 651
Purvanchal Hathkargha Sahakari Sangh Ltd Vs All India Handloom Fabrics Society And Anr. 2024 LiveLaw (Del) 652
Extramarks Education India Pvt. Ltd Vs Saraswati Shishu Mandir 2024 LiveLaw (Del) 653
M/S Power Mech Projects Ltd Vs M/S Doosan Power Systems India Pvt. Ltd. 2024 LiveLaw (Del) 654
CA RAKESH KUMAR GUPTA v. SUPREME COURT OF INDIA THROUGH SECRETARY GENERAL 2024 LiveLaw (Del) 655
Abhimanyu Through Special Power Of Attorney Holder Vs Parmesh Construction Co. Ltd 2024 LiveLaw (Del) 656
RAJESH KUMAR MEHTA v. UNION OF INDIA & ORS. 2024 LiveLaw (Del) 657
M/S Blooming Orchid Vs Fp Life Education Foundation 2024 LiveLaw (Del) 658
DELHI TAMIL EDUCATION ASSOCIATION v. DIRECTOR OF EDUCATION AND ORS 2024 LiveLaw (Del) 659
Communication Component Antenna Inc v. Mobi Antenna Technologies 2024 LiveLaw (Del) 660
SANSER PAL SINGH v. UNION OF INDIA & ORS. 2024 LiveLaw (Del) 661
KAMLESH JAIN v. COMMISSIONER OF POLICE & ORS. 2024 LiveLaw (Del) 662
Colgate Palmolive Company & Ors v State of NCT & Anr & Connected matters 2024 LiveLaw (Del) 663
Jaipuria Edutech Foundation vs. Shyamlalbabu Educational Trust 2024 LiveLaw (Del) 664
Sanjay Khatri vs. State of NCT of Delhi 2024 LiveLaw (Del) 665
MAHANT SHRI NAGA BABA BHOLA GIRI THROUGH HIS SUCCESSOR AVINASH GIRI v. DISTRICT MAGISTRATE DISTRICT CENTRAL AND ORS 2024 LiveLaw (Del) 666
The Commissioner Of Income Tax-International Taxation-3 Versus The Bank Of Tokyo-Mitsubishi UFJ Ltd 2024 LiveLaw (Del) 667
Revd. John H. Caleb v. Diocese of Delhi-CNI and Ors. 2024 LiveLaw (Del) 668
Neeraj Sharma v. Union of India & Ors. and other connected matters 2024 LiveLaw (Del) 669
Central Council of Homoeopathy vs Vijay Singh 2024 LiveLaw (Del) 670
Progress Rail Locomotive Inc. (Formerly Electro Motive Diesel Inc.) Versus Deputy Commissioner Of Income-Tax 2024 LiveLaw (Del) 671
M/S Twenty-Four Secure Services Pvt. Ltd. Vs M/S Competent Automobiles Company Limited 2024 LiveLaw (Del) 672
Title: MUNNA SINGH & ANR. v. STATE OF NCT OF DELHI & ORS.
Citation: 2024 LiveLaw (Del) 638
The Delhi High Court has called for the sensitization of all the judges of trial courts in the national capital to pronounce their judgments on conviction only when the order is ready and immediately provide a copy to the accused who has to be taken into custody.
Justice Navin Chawla directed that the order be circulated to the Principal District and Sessions judges of all the District Courts in Delhi.
Delhi High Court Restricts Ramleela Function Bookings In DDA Grounds Till Fresh SOP Is Published
Title: SHREE HANUMANT DHARMIK RAMLEELA COMMITTEE REGD & ANR. v. DELHI DEVELOPMENT AUTHORITY & ORS.
Citation: 2024 LiveLaw (Del) 639
The Delhi High Court has barred any further offline or online bookings of Ramleela functions in the Delhi Development Authority (DDA) grounds till a new SOP aur guidelines for booking is published by the authority.
Justice Tara Vitasta Ganju directed the DDA to formulate comprehensive SOPs or guidelines for booking of Ramleela sites within five weeks' and no later than June 25.
Title: SHRIKANT PRASAD v. GOVT OF N.C.T OF DELHI AND ORS
Citation: 2024 LiveLaw (Del) 640
The Delhi High Court has waived Rs. 1 lakh costs imposed on a lawyer who filed public interest litigation to restrain the media houses from creating “pressure and airing sensational headlines” regarding Chief Minister Arvind Kejriwal's resignation and imposition of President Rule in the national capital.
A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet PS Arora directed the petitioner, Shrikant Prasad, to do community service in accordance with the directions of the DSLSA.
Title: SpiceJet v. TWC Aviation
Citation: 2024 LiveLaw (Del) 641
The Delhi High Court has refused to interfere with a single judge's order directing airline SpiceJet to handover two Boeing Aircrafts with engines to TWC Aviation over unpaid dues.
A division bench comprising of Justice Rajiv Shakdher and Justice Amit Bansal however directed SpiceJet to return the aircrafts and engines to the lessor by June 17.
Title: BHAVREEN KANDHARI v. SHRI C. D. SINGH AND ORS.
Citation: 2024 LiveLaw (Del) 642
The Delhi High Court has appointed Delhi Government's Chief Secretary as the nodal authority to draft the procedure for preventing felling or transplantation of trees in the North Campus, Delhi University for its expansion or development of infrastructure.
Justice Jasmeet Singh asked the Chief Secretary to would call all the stakeholders, including the Delhi Urban Art Commission (DUAC), Amici Curiae (Advocates Aditya N. Prasad, Gautam Narayan and Prabhsahay Kaur), the municipal authorities and any other agency necessary in his opinion.
Title: YAMIN ALI v. GOVERNMENT OF NCT OF DELHI AND ORS.
Citation: 2024 LiveLaw (Del) 643
The Delhi High Court has dismissed a plea challenging the appointment of Administrator of Delhi Waqf Board with costs of Rs. 10,000.
Justice Subramonium Prasad said that the plea was an absolute abuse of the process of law without giving any valid reasons as to why the appointment should be quashed.
Title: REKHA OBEROI v. AMIT OBEROI
Citation: 2024 LiveLaw (Del) 644
The Delhi High Court has recently ruled that Section 15(1) of the Hindu Succession Act, 1956, unfortunately, works against the widow of a pre-deceased son, while it is intended to benefit another woman being a deceased woman.
Justice Neena Bansal Krishna said that the provision, which provides general rules of succession of property of a female Hindu dying intestate, is an anomaly in the legislation which needs rectification.
Title: ABOOBACKER E. v. National Investigation Agency
Citation: 2024 LiveLaw (Del) 645
The Delhi High Court on Tuesday dismissed the plea moved by E Abubacker, former chairman of Popular Front of India (PFI), seeking bail in the UAPA case being probed by the National Investigation Agency.
A division bench comprising Justice Suresh Kumar Kait and Justice Manoj Jain dismissed the appeal moved by Abubacker who sought bail on the merits as well as medical grounds.
Title: ED v. Ajay S Mittal
Citation: 2024 LiveLaw (Del) 646
The Delhi High Court has set aside a trial court order transferring Bhushan Steel money laundering case from one judge to another, after one of the accused alleged that the judge passed a comment expressing "ED matters me kaun si bail hoti hai?”
Justice Swarana Kanta Sharma said that the alleged comment did not reflect any apprehension of bias against the accused or something in favour of the prosecuting agency.
Forums Under Senior Citizens Act Can't Decide Question Of Property Title: Delhi High Court
Title: MANJU TOKAS & ANR v. GNCT OF DELHI THROUGH DIVISIONAL COMMISSIONER & ORS.
Citation: 2024 LiveLaw (Del) 647
The Delhi High Court has ruled that the forums under the Senior Citizens Act cannot decide question of title of properties.
“A reading of the Act makes it clear that the forum under the Act do not have the jurisdiction to decide the title of the property and the purpose of the Act is maintenance of the Senior Citizen and to ensure their welfare. The question of title, therefore, cannot be decided by forums under the Senior Citizens Act,” Justice Subramonium Prasad said.
Delhi High Court Grants Statutory Bail To Sharjeel Imam In Sedition Case
Title: Sharjeel Imam v. State
Citation: 2024 LiveLaw (Del) 648
The Delhi High Court has granted statutory bail to Sharjeel Imam in a UAPA and sedition case relating to the alleged inflammatory speeches made by him in Aligarh Muslim University and Jamia area in the national capital against the Citizenship Amendment Act.
A division bench comprising Justice Suresh Kumar Kait and Justice Manoj Jain allowed Imam's bail plea. He had challenged the trial court order denying him statutory bail in the case.
Title: PRACHEEN SHIV MANDIR AVAM AKHADA SAMITI v. DELHI DEVELOPMENT AND ORS.
Citation: 2024 LiveLaw (Del) 649
The Delhi High Court has rejected a plea against the action of Delhi Development Authority (DDA) demolishing the Pracheen Shiv Mandir situated near city's Geeta Colony and located near Yamuna Flood Plains.
Justice Dharmesh Sharma observed that Pracheen Shiv Mandir Avam Akhada Samiti, which filed the plea, miserably failed to demonstrate any legal rights existing with it so as to continue to use and occupy the civic property for running the temple services.
Title: CAPTAIN DEEPAK KUMAR v. ELECTION COMMISSION OF INDIA
Citation: 2024 LiveLaw (Del) 650
The Delhi High Court has dismissed a plea seeking disqualification of Prime Minister Narendra Modi from contesting the 2024 general elections.
Justice Sachin Datta rejected the plea filed by Captain Deepak Kumar alleging that Modi and his accomplices attempted to destabilize the national security by planning a fatal crash of an Air India flight in 2018 where he was pilot. Kumar also said Modi "made a false Oath or affirmation which otherwise must be made after the nomination paper has been submitted to RO."
Case Title: Dr. Satendra Singh Vas Union Of India & Ors.
Citation: 2024 LiveLaw (Del) 651
The Delhi High Court has directed the Indian Nursing Council (INC) to address a representation challenging Clause 8 of the 'Admission Terms and Conditions' under the Revised Regulations and Curriculum for B.Sc. (Nursing Program) Regulations, 2020.
The court has ordered that the current writ petition be treated as a formal representation to INC, which must decide on the matter in accordance with the law, preferably within four weeks.
Case Title: Purvanchal Hathkargha Sahakari Sangh Ltd Vs All India Handloom Fabrics Society And Anr.
Citation: 2024 LiveLaw (Del) 652
The Delhi High Court bench of Justice Dinesh Kumar Sharma held that except power conferred to the Central Registrar under Section 84 of the Multi-State Cooperative Societies Act, 2002 for appointment of an Arbitrator, the other provisions of the Arbitration and Conciliation Act, 1996 shall remain in operation. It held that the notice as required under Section 21 of the Arbitration and Conciliation Act, 1996 would be a pre-requisite even for initiation of proceedings under Section 84 of the Multi State Cooperative Societies Act, 2002.
Case Title: Extramarks Education India Pvt. Ltd Vs Saraswati Shishu Mandir
Citation: 2024 LiveLaw (Del) 653
The Delhi High Court bench of Justice Prathiba M. Singh held that that the termination of an arbitrator's mandate does not equate to the termination of the arbitral proceedings. Instead, it allows for the appointment of a substitute arbitrator to ensure the continuation of the proceedings.
Case Title: M/S Power Mech Projects Ltd Vs M/S Doosan Power Systems India Pvt. Ltd.
Citation: 2024 LiveLaw (Del) 654
The Delhi High Court bench of Justice Prathiba M. Singh held the court is fully empowered to extend the mandate, even after the expiry of the mandate of the Arbitral Tribunal under Section 29A(4) of the Arbitration and Conciliation Act, 1996.
Title: CA RAKESH KUMAR GUPTA v. SUPREME COURT OF INDIA THROUGH SECRETARY GENERAL
Citation: 2024 LiveLaw (Del) 655
The Delhi High Court has dismissed a plea seeking details about the reason for recommendation for High Court judges appointment remitted by Collegium of the Supreme Court of India to the High Court Collegium.
Justice Subramonium Prasad rejected the plea moved by CA Rakesh Kumar Gupta and imposed Rs. 25,000 costs on him to be deposited with the Armed Forces Battle Casualties Welfare Fund.
Case Title: Abhimanyu Through Special Power Of Attorney Holder Vs Parmesh Construction Co. Ltd
Citation: 2024 LiveLaw (Del) 656
The Delhi High Court bench of Justice Dinesh Kumar Sharma held that where the arbitration seat is fixed, only such court shall have exclusive jurisdiction. It held that the cause of action arose at Noida, the agreement was executed at Noida, and the suit property is also situated at Noida. Therefore, the courts in Noida have jurisdiction over the appointment of an arbitrator.
Bank Can't Open LOC As An Arm Twisting Tactic To Recover Debt: Delhi High Court
Title: RAJESH KUMAR MEHTA v. UNION OF INDIA & ORS.
Citation: 2024 LiveLaw (Del) 657
The Delhi High Court has recently observed that a Bank cannot open a Lookout Circular (LOC) as an arm-twisting tactic to recover debt from an individual.
“This Court is of the opinion that after resorting to all the remedies available in law, the Bank cannot open a Lookout Circular as an arm-twisting tactic to recover debt from a person who is otherwise unable to pay more so when there are no allegations that he was engaged in any fraud or in any siphoning off or defalcation of the amounts given as loan,” Justice Subramonium Prasad said.
Case Title: M/S Blooming Orchid Vs Fp Life Education Foundation
Citation: 2024 LiveLaw (Del) 658
The Delhi High Court bench of Justice Neena Bansal Krishna held the period during which the parties were bona fide negotiating towards an amicable settlement may be excluded for the purpose of computing the period of limitation for reference to Arbitration under the Arbitration and Conciliation Act, 1996.
Title: DELHI TAMIL EDUCATION ASSOCIATION v. DIRECTOR OF EDUCATION AND ORS
Citation: 2024 LiveLaw (Del) 659
The Delhi High Court has ruled that aided minority institutions have an absolute right to appoint the Principals, teachers and other staff in the educational institutions run by them.
“The grant of aid, by the State, to the minority institution, makes no substantial difference to this legal position. At the highest, the State can regulate the proper utilization of the aid which it grants. It cannot subjugate the minority educational institution to its dictates in the matter of appointment of teachers, or Principals, on the pretext that it has granted aid to the institution,” Justice C Hari Shankar said.
Case Title: Communication Component Antenna Inc v. Mobi Antenna Technologies
Citation: 2024 LiveLaw (Del) 660
The Delhi High Court has awarded ₹217 crore in lost profits damages to Communication Component Antenna Inc (CCAI) in a patent infringement case against Mobi Antenna Technologies.
Title: SANSER PAL SINGH v. UNION OF INDIA & ORS.
Citation: 2024 LiveLaw (Del) 661
The Delhi High Court has refused to entertain a public interest litigation (PIL) to stop the media from disclosing the name of AAP Rajya Sabha MP Swati Maliwal while reporting the assault case filed by her, along with contents of the FIR.
Frame Rules To Levy Charges On Those Encroaching On Public Land: Delhi High Court To DDA, MCD
Title: KAMLESH JAIN v. COMMISSIONER OF POLICE & ORS.
Citation: 2024 LiveLaw (Del) 662
The Delhi High Court has directed the Delhi Development Authority (DDA) and Municipal Corporation of Delhi (MCD) to devise a mechanism or frame rules to levy charges on those encroaching upon public land.
Delhi High Court Quashes Forgery Case Filed by Anchor Health Against Colgate-Palmolive
Case Title: Colgate Palmolive Company & Ors v State of NCT & Anr & Connected matters
Citation: 2024 LiveLaw (Del) 663
The Delhi High Court has quashed a forgery case filed by Anchor Health and Beauty Care Pvt. Ltd. against Colgate-Palmolive Company and its directors.
The case, involving allegations of forgery related to trademark registration documents, was reserved on February 28, 2024, and dismissed by Justice Amit Sharma on May 28, 2024.
Case Title: Jaipuria Edutech Foundation vs. Shyamlalbabu Educational Trust
Citation: 2024 LiveLaw (Del) 664
The Delhi High Court restrained the Defendant and all those acting for or / and on their behalf, from using plaintiffs' trademarks in respect of 'Jaipuria International Schools', 'Seth MR. Jaipuria School', as well as the device mark which is deceptively similar to plaintiffs' marks in respect of school or any other educational services.
Case Title: Sanjay Khatri vs. State of NCT of Delhi
Citation: 2024 LiveLaw (Del) 665
Noticing that the parents of the victim have a history of matrimonial discord and they have filed multiple complaints against each other, the Delhi High Court held that age of minor victim vis-à-vis age of the accused, the family relationship between the victim and the accused and the chances of the accused threatening the victim, must be considered while deciding application in relation to offences under POCSO Act.
Title: MAHANT SHRI NAGA BABA BHOLA GIRI THROUGH HIS SUCCESSOR AVINASH GIRI v. DISTRICT MAGISTRATE DISTRICT CENTRAL AND ORS
Citation: 2024 LiveLaw (Del) 666
The Delhi High Court has observed that if every Sadhu, Guru or Baba is allowed to build a shrine or samadhi on a public land and use it for personal gains, it would lead to disastrous consequences.
Case Title: The Commissioner Of Income Tax-International Taxation-3 Versus The Bank Of Tokyo-Mitsubishi UFJ Ltd
Citation: 2024 LiveLaw (Del) 667
The Delhi High Court has held that interest received by the Indian PE on deposits maintained with the Head Office/Overseas Branch is not taxable in India.
Case Name: Revd. John H. Caleb v. Diocese of Delhi-CNI and Ors.
Citation: 2024 LiveLaw (Del) 668
A single bench of Delhi High Court comprising of Justice Dharmesh Sharmawhile deciding a civil revision petition in the case of Revd. John H. Caleb v. Diocese of Delhi-CNI and Ors, has held that a personal right of action, arising due to holding of a non-hereditary office, dies with the death of the person concerned and not transferable or heritable.
Case Title: Neeraj Sharma v. Union of India & Ors. and other connected matters
Citation: 2024 LiveLaw (Del) 669
Taking judicial notice of the highest ever temperature recorded at 52.3 degrees Celsius in the national capital, the Delhi High Court has said that the city may be only a barren desert if the present generation continues an apathetic view on deforestation.
Central Council Of Homoeopathy Falls Within Definition Of “Industry” Under ID Act: Delhi High Court
Case Name- Central Council of Homoeopathy vs Vijay Singh
Citation: 2024 LiveLaw (Del) 670
A single judge bench of the Delhi High Court comprising of Justice Chandra Dhari Singh in the case of Central Council of Homoeopathy vs Vijay Singh has held that the Central Council of Homoeopathy falls within definition of “Industry” under Industrial Disputes Act, 1947
Case Title: Progress Rail Locomotive Inc. (Formerly Electro Motive Diesel Inc.) Versus Deputy Commissioner Of Income-Tax
Citation: 2024 LiveLaw (Del) 671
The Delhi High Court, while quashing the reassessment proceedings initiated by the income tax department against the Caterpillar Group, held that once the issue of arm's length remuneration was settled by the Transfer Pricing Officer (TPO), the question of ascertaining the existence of a permanent establishment (PE) was academic.
Case Title: M/S Twenty-Four Secure Services Pvt. Ltd. Vs M/S Competent Automobiles Company Limited
Citation: 2024 LiveLaw (Del) 672
The Delhi High Court bench of Justice Neena Bansal Krishna rejected a contention that the court lacked the authority to appoint a sole arbitrator, even though the arbitration agreement specified a three-member tribunal.