Delhi High Court Weekly Round-Up: November 18 To November 24, 2024

Citations 2024 LiveLaw (Del) 1246 to 2024 LiveLaw (Del) 1281

NOMINAL INDEX

ANI v. RSY News & Anr. 2024 LiveLaw (Del) 1246

Kanwar Singh Yadav vs. Delhi Tourism and Transport Development Corporation Limited 2024 LiveLaw (Del) 1247

Gautam Gambhir v. State 2024 LiveLaw (Del) 1248

SHABANA v. GOVT OF NCT OF DELHI AND ORS. 2024 LiveLaw (Del) 1249

SUBATA KHAN v. GNCTD 2024 LiveLaw (Del) 1250

HINA BASHIR BEIGH v. NIA and other connected matter 2024 LiveLaw (Del) 1251

ARPIT BHARGAVA v. GNCTD & ANR. 2024 LiveLaw (Del) 1252

Aswhini Upadhyay v. Union of India 2024 LiveLaw (Del) 1253

COURT ON ITS OWN MOTION v. GOVT. OF NCT OF DELHI & ORS. 2024 LiveLaw (Del) 1254

ADITYA SINGH TOMAR v. UNION OF INDIA & ANR. 2024 LiveLaw (Del) 1255

COURT ON ITS OWN MOTION v. UNION OF INDIA AND ORS. 2024 LiveLaw (Del) 1256

In-Time Garments Pvt. Ltd. versus HSPS Textile Pvt. Ltd. 2024 LiveLaw (Del) 1257

P Chidambaram v. ED 2024 LiveLaw (Del) 1258

Aakash Goel vs. Union of India & Ors. 2024 LiveLaw (Del) 1259

SANJAY AGGARWAL v. ED 2024 LiveLaw (Del) 1260

HARI OM RAI v. ED 2024 LiveLaw (Del) 1261

PRANAV KUCKREJA (IN POLICE CUSTODY) v. STATE (NCT OF DELHI) 2024 LiveLaw (Del) 1262

Netaji Subhash Institute Of Technology Versus M/S Surya Engineers & Another 2024 LiveLaw (Del) 1263

JAMIA ARABIA NIZAMIA WELFARE EDUCATION SOCIETY v. DELHI DEVELOPMENT AUTHORITY THROUGH ITS VICE CHAIRMAN & ORS. 2024 LiveLaw (Del) 1264

Himanshu Garg v. Assistant Commissioner Of Income Tax, Circle-36 (1) 2024 LiveLaw (Del) 1265

ENTERTAINMENT NETWORK (INDIA) LIMITED v. HTTPS//TUNEINCOM/PODCASTS/ARTS—CULTURE PODCASTS/ BANGLA-SUNDAY-SUSPENSE-P2082186 / AND ORS. 2024 LiveLaw (Del) 1266

TIRUPATI NARASHIMA MURARI v. UNION OF INDIA AND ORS. 2024 LiveLaw (Del) 1267

MATRIX CELLULAR INTERNATIONAL SERVICES LIMITED AND ORS v. STATE NCT OF DELHI 2024 LiveLaw (Del) 1268

Dr. R.N. Gupta Technical Educational Society versus M/s Intec Capital Ltd. 2024 LiveLaw (Del) 1269

Vivo Mobile India Private Limited v. Customs Authority For Advance Rulings & Anr 2024 LiveLaw (Del) 1270

SACHIN KUMAR AGGARWAL v. STATE NCT OF DELHI & ORS. 2024 LiveLaw (Del) 1271

ABC v. State & ANR. 2024 LiveLaw (Del) 1272

M/S Srinivasa Construction Corporation Pvt Ltd Versus Irrigation Works Circle, Through Superintendent Engineer District, Uttar Pradesh 2024 LiveLaw (Del) 1273

Unthinkable Solutions LLP Versus Ejohri Jewels Hub Pvt Ltd 2024 LiveLaw (Del) 1274

Sandeep Hooda v. Pr. Commissioner Of Income Tax-7, Delhi & Anr. 2024 LiveLaw (Del) 1275

Sequential Technology International India Pvt. Ltd.(Formerly Known As Omniglob Information Technologies(India)Pvt.Ltd) v. Addl. CIT, Spcl.Range-7 2024 LiveLaw (Del) 1276

Chandani Chowk Sarv Vyapar Mandal v. Govt. Of Nct Of Delhi & Ors 2024 LiveLaw (Del) 1277

Louis Vuitton Malletier v/s Abdulkhaliq Abdulkader Chamadia & Ors 2024 LiveLaw (Del) 1278

Pr. Commissioner Of Income Tax -7, Delhi v. Naveen Kumar Gupta 2024 LiveLaw (Del) 1279

The Pr. Commissioner Of Income Tax-6 v. Nucleus Steel Pvt. Ltd. 2024 LiveLaw (Del) 1280

Indian Oil Corporation Ltd. Versus M/s Fiberfill Engineers 2024 LiveLaw (Del) 1281

Delhi High Court Directs RSY News To Take Down Original Videos Of ANI In Copyright Infringement Suit

Title: ANI v. RSY News & Anr.

Citation: 2024 LiveLaw (Del) 1246

The Delhi High Court has directed RSY News to remove or take down from its YouTube channel the original and copyrighted videos of Asian News International (ANI) in the copyright infringement suit filed by the news agency.

Objections On Capacity Of Party To Initiate Arbitration Must Be Addressed Before Tribunal, Not While Appointing Arbitrator: Delhi HC

Case Title: Kanwar Singh Yadav vs. Delhi Tourism and Transport Development Corporation Limited

Citation: 2024 LiveLaw (Del) 1247

The Delhi High Court bench of Justice Sachin Datta has held that the objections as regards the capacity of the party to initiate arbitration is an aspect which is necessarily required to be gone into the arbitration proceedings, however, the same could not preclude the constitution of an Arbitral Tribunal. The court held that a party may raise appropriate jurisdictional/preliminary objections before the Arbitral Tribunal as regards the maintainability of the arbitration and/or the arbitrability of the claim.

Relief To Gautam Gambhir: Delhi High Court Stays Trial Court Order Overturning His Discharge In Cheating Case

Title: Gautam Gambhir v. State

Citation: 2024 LiveLaw (Del) 1248

The Delhi High Court has stayed a trial court order which directed fresh investigation into the alleged role of former cricketer and current head coach of the Indian cricket team Gautam Gambhir in a cheating case concerning flat buyers.

Justice Manoj Kumar Ohri stayed the order passed by Rouse Avenue Courts on October 29 overturning the discharge of Gambhir and several others in the matter.

High Court Asks Delhi Police To Prepare Handbook For IOs To Timely Obtain Info Requested From Social Media Platforms

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

Citation: 2024 LiveLaw (Del) 1249

The Delhi High Court has recently asked the Commissioner of Delhi Police to take steps to prepare a handbook that may be utilised by the Investigating Officers (IOs) for timely furnishing of information requested by them from social media platforms.

A division bench comprising Justice Prathiba M Singh and Justice Amit Sharma noted that in a large number of cases, IOs may not be fully aware of the manner in which information requested can be obtained from the various platforms and sometimes precious time is lost.

Ex-Gratia Payments Discretionary In Nature, Not Matter Of Right: Delhi High Court

Title: SUBATA KHAN v. GNCTD

Citation: 2024 LiveLaw (Del) 1250

The Delhi High Court has recently held that ex-gratia payments are discretionary in nature and not a matter of right.

“Ex-gratia payments are discretionary and not a matter of right. They are granted as a compassionate gesture in extraordinary circumstances, subject to the specific terms and conditions outlined in the governing policy,” Justice Sanjeev Narula said.

Terrorists Misusing Social Media, Using Journalistic Credentials To Incite Violence Are Factors Considered In Sentencing: Delhi High Court

Title: HINA BASHIR BEIGH v. NIA and other connected matter

Citation: 2024 LiveLaw (Del) 1251

The Delhi High Court has ruled that factors such as misuse of social media platforms by terrorists and using journalistic credentials for publishing magazines to incite violence are factors which cannot be ignored while awarding sentence in terrorist activities related cases.

Develop Comprehensive Action Plan To Address Bomb Threats: High Court To Delhi Govt

Title: ARPIT BHARGAVA v. GNCTD & ANR.

Citation: 2024 LiveLaw (Del) 1252

The Delhi High Court has directed the Delhi Government to develop a “comprehensive action plan” including a detailed Standard Operating Procedure (SOP) for addressing bomb threats and related emergencies in the national capital.

Delhi High Court Closes PIL To Adopt Integrated Treatment System Under Allopathy, Ayurveda, Homeopathy, Etc

Title: Aswhini Upadhyay v. Union of India

Citation: 2024 LiveLaw (Del) 1253

The Delhi High Court has disposed of a public interest litigation filed by Advocate Ashwini Upadhyay, seeking adoption of “Indian holistic integrated medicinal system" in India.

It was Upadhyay's case that rather than segregated way of Allopathy, Ayurveda, Yoga, Naturopathy, Unani, Siddha and Homeopathy in order to secure medical treatment, medical education and consequently medical treatment granted to patients should be holistic and should encompass courses of all branches.

Sewage Treatment Plants Not Functioning Well, Releasing Raw Sewage In Yamuna: Delhi High Court

Case Title: COURT ON ITS OWN MOTION v. GOVT. OF NCT OF DELHI & ORS.

Citation: 2024 LiveLaw (Del) 1254

The Delhi High Court has recently observed its prima facie view that the Sewage Treatment Plants (STPs) in the national capital are not functioning as per required norms and are releasing raw sewage in Yamuna river.

A division bench comprising of Chief Justice Manmohan and Justice Manmeet PS Arora suggested that tamper proof meters must be installed to record operational timings of STPs as well as the electricity consumption.

'Adequate Steps Taken For The Present': High Court Closes PIL To Probe Student Suicides At NLU Delhi

Title: ADITYA SINGH TOMAR v. UNION OF INDIA & ANR.

Citation: 2024 LiveLaw (Del) 1255

The Delhi High Court has recently closed a public interest litigation petition seeking constitution of an independent inquiry committee comprising of experts to investigate the causes behind student suicides at National Law University (NLU) Delhi.

Ensure Jan Aushadhi Kendras Are Opened Inside Each Hospital Within Four Weeks: High Court To Delhi Govt

Title: COURT ON ITS OWN MOTION v. UNION OF INDIA AND ORS.

Citation: 2024 LiveLaw (Del) 1256

The Delhi High Court has recently directed the Delhi Government to ensure that Jan Aushadhi Kendras are opened inside each hospital in the national capital within four weeks.

A division bench comprising of Chief Justice Manmohan and Justice Manmeet PS Arora observed that the convenience of having a Jan Aushadhi Kendra in each hospital for the patients and their caregivers requires no reiteration.

Court U/S 34 Of Arbitration Act Cannot Re-Appreciate Evidence And Substitute Arbitrator's Conclusion: Delhi High Court

Case Title: In-Time Garments Pvt. Ltd. versus HSPS Textile Pvt. Ltd.

Citation: 2024 LiveLaw (Del) 1257

The Delhi High Court bench of Justice Subramonium Prasad affirmed that under Section 34 of the Arbitration Act the Court cannot re-appreciate evidence and substitute its own conclusion to the one arrived at by the Arbitrator even though a different conclusion can be arrived at on re-appreciating evidence

Aircel Maxis Case: Delhi High Court Stays Trial Court Proceedings Against P Chidambaram In ED Case

Title: P Chidambaram v. ED

Citation: 2024 LiveLaw (Del) 1258

The Delhi High Court has stayed the trial court proceedings against senior Congress leader P. Chidambaram in the money laundering case connected to the Aircel Maxis case.

Justice Manoj Kumar Ohri passed the order while dealing with Chidambaram's plea challenging the trial court order taking cognisance of the chargesheet filed by the Enforcement Directorate (ED) against him.

Might Lead To A Scam: Delhi High Court Dismisses PIL Seeking MHA To Share Deceased Individuals' Data With LIC For Jeevan Jyoti Scheme Claims

Case title: Aakash Goel vs. Union of India & Ors.

Citation: 2024 LiveLaw (Del) 1259

The Delhi High Court has dismissed a PIL that sought to mandate the Ministry of Home Affairs to provide a database of deceased individuals in the country to the Life Insurance Corporation (LIC), so as to enable the family members or nominees of deceased policyholders to claim benefits under the Pradhan Mantri Jeevan Jyoti Bima Yojana.

Not Necessary For PMLA Special Court To Record Reasons For Cognizance Of ED's Complaint: Delhi High Court

Title: SANJAY AGGARWAL v. ED

Citation: 2024 LiveLaw (Del) 1260

The Delhi High Court has recently held that it is not necessary for the Special Court under PMLA to record its reasons for taking cognizance of Enforcement Directorate (ED) complaint, unlike a private complaint under CrPC or BNSS.

Justice Chandra Dhari Singh observed that an initial complaint can be filed by ED under Section 44 of the PMLA, even if the investigation is not fully completed.

Money Laundering Accused Can't Be Equated With Murder, Rape Accused: Delhi High Court While Granting Bail In PMLA Case

Title: HARI OM RAI v. ED

Citation: 2024 LiveLaw (Del) 1261

The Delhi High Court on Wednesday remarked that an accused in a money laundering case cannot be equated with those punishable with death, life imprisonment, ten years or more like offences such as murder, rape or dacoity.

Add 'Grounds Of Arrest' Column In Arrest Memo Forms: High Court Directs Delhi Police

Title: PRANAV KUCKREJA (IN POLICE CUSTODY) v. STATE (NCT OF DELHI)

Citation: 2024 LiveLaw (Del) 1262

The Delhi High Court has asked the Delhi Police to add a column in the arrest memo forms for recording the 'grounds of arrest' of an accused.

Justice Dinesh Kumar Sharma said that a revised arrest memo form or some annexures to be added to ensure effective compliance with Section 50 of Cr.P.C. and the corresponding Section 47 of BNSS, 2023.

Plausible View Taken By Arbitrator Based On Facts Of Case Cannot Be Interfered With U/S 34 Of Arbitration Act: Delhi High Court

Case Title: Netaji Subhash Institute Of Technology Versus M/S Surya Engineers & Another

Citation: 2024 LiveLaw (Del) 1263

The Delhi High Court bench of Justice Jasmeet Singh affirmed that once an arbitrator has taken a plausible view based on the facts of the case, such a view cannot be interfered with under section 34 of the Arbitration Act.

Delhi High Court Orders DDA, MCD To Demarcate Their Jurisdictions; Asks LG To Consider Conducting Survey

Title: JAMIA ARABIA NIZAMIA WELFARE EDUCATION SOCIETY v. DELHI DEVELOPMENT AUTHORITY THROUGH ITS VICE CHAIRMAN & ORS.

Citation: 2024 LiveLaw (Del) 1264

The Delhi High Court has directed the Delhi Development Authority (DDA) and Municipal Corporation of Delhi (MCD) to demarcate their boundaries and jurisdictions in the national capital with precision (longitude and latitude) as far as possible.

Delhi HC Upholds Denial Of Capital Gain Exemption For Property Described In Sale Deed As “Makaan” But Having Brick-Kiln Construction

Case title: Himanshu Garg v. Assistant Commissioner Of Income Tax, Circle-36 (1)

Citation: 2024 LiveLaw (Del) 1265

The Delhi High Court has refused to interfere with an ITAT order declining capital gain exemption under Section 54F of the Income Tax Act, 1961 with respect to a property described as “makaan” (house) in the registered sale deed but in actuality having a brick kiln construction.

Delhi High Court Issues Permanent Injunction Against Copyright Infringement Of 'Mirchi' And 'Radio Mirchi' Content

Title: ENTERTAINMENT NETWORK (INDIA) LIMITED v. HTTPS//TUNEINCOM/PODCASTS/ARTS—CULTURE PODCASTS/ BANGLA-SUNDAY-SUSPENSE-P2082186 / AND ORS.

Citation: 2024 LiveLaw (Del) 1266

The Delhi High Court has issued a permanent injunction against unauthorized broadcasting and transmission of audio content owned by Entertainment Network (India) Limited, a radio broadcaster, which owns and operates FM radio stations across the country under the trademarks 'Mirchi', 'Radio Mirchi' and 'Sunday Suspense'.

Delhi High Court Dismisses Plea Against Registration Granted To AIMIM As Political Party

Title: TIRUPATI NARASHIMA MURARI v. UNION OF INDIA AND ORS.

Citation: 2024 LiveLaw (Del) 1267

The Delhi High Court has dismissed a petition seeking quashing of the registration granted by Election Commission of India (ECI) to All India Majlis-e-Ittehadul Musalimeen (AIMIM) as a political party.

Justice Prateek Jalan rejected the plea moved by one Tirupati Narashima Murari who also challenged a circular issued by ECI in 2014 granting recognition to AIMIM as a State level party in the State of Telangana.

Delhi High Court Refuses To Quash FIR Against Matrix Cellular, Others Accused Of Selling Substandard Oxygen Concentrators During COVID-19

Title: MATRIX CELLULAR INTERNATIONAL SERVICES LIMITED AND ORS v. STATE NCT OF DELHI

Citation: 2024 LiveLaw (Del) 1268

The Delhi High Court has refused to quash an FIR registered against Matrix Cellular, its CEO and others accused of selling defective and substandard oxygen concentrators at inflated prices during the COVID-19 pandemic.

Justice Dinesh Kumar Sharma said that it is not appropriate to quash the proceedings at the stage while investigation is still pending.

Merit Based Review Of Arbitral Award Is Impermissible Under Section 37 Of Arbitration Act: Delhi High Court

Case Title: Dr. R.N. Gupta Technical Educational Society versus M/s Intec Capital Ltd.

Citation: 2024 LiveLaw (Del) 1269

The Delhi High Court bench of Justices Vibhu Bakhru and Sachin Datta affirmed that the scope of jurisdiction under Section 34 and Section 37 of the Act is not akin to normal appellate jurisdiction. It is well-settled that that a merit based review of an arbitral award involving reappraisal of factual findings is impermissible. The mere possibility of an alternative view on facts or interpretation of the contract does not entitle courts to reverse the findings of the Arbitral Tribunal.

Purpose & Function Of Product Is Relevant For Classification Under 'Customs Tariff' Heading, Not Tech Used In Such Product: Delhi High Court

Case title: Vivo Mobile India Private Limited v. Customs Authority For Advance Rulings & Anr

Citation: 2024 LiveLaw (Del) 1270

The Delhi High Court has held that it is not the technology which is used in the product that decides its HSN classification under the Customs Tariff Heading (CTH) for the purposes of Customs Tariff Act, 1975.

Victim Has Right To Participate In Trial But Can't Override Public Prosecutor: Delhi High Court

Title: SACHIN KUMAR AGGARWAL v. STATE NCT OF DELHI & ORS.

Citation: 2024 LiveLaw (Del) 1271

The Delhi High Court has recently observed that a victim has a right to participate in the criminal proceedings but cannot override the Public Prosecutor who acts as an independent Officer of the Court.

Justice Subramonium Prasad said that the right of participation would always mean right to be heard but the victim's counsel cannot override an argument taken by the Public Prosecutor nor can the victim argue that the Public Prosecutor has made a wrong submission.

No Public Interest In Keeping Information Alive On Internet After Quashing Of FIR: Delhi High Court On Right To Be Forgotten

Title: ABC v. State & ANR.

Citation: 2024 LiveLaw (Del) 1272

Observing that it is important to balance the right to information of public with an individual's right to privacy, the Delhi High Court has said that no public interest can be served by keeping the information alive on the internet after quashing of criminal proceedings.

Court's Supervisory Role Over Arbitral Proceedings Would Be Determined As Per CPC If No Neutral Location Is Specified: Delhi High Court

Case Title: M/S Srinivasa Construction Corporation Pvt Ltd Versus Irrigation Works Circle, Through Superintendent Engineer District, Uttar Pradesh

Citation: 2024 LiveLaw (Del) 1273

The Delhi High Court bench of Justice Jasmeet Singh affirmed that if there is a neutral location specified in the contract data, that location would be the place of arbitration and the court having supervisory jurisdiction over the place would have jurisdiction. If no such location is specified, the provisions of the CPC from sections 16 to 20 would be attracted for determining the supervisory jurisdiction of the court.

Arbitration Clause From Another Contract Can Be Incorporated Into Contract Only By Specific Reference: Delhi High Court

Case Title: Unthinkable Solutions LLP Versus Ejohri Jewels Hub Pvt Ltd

Citation: 2024 LiveLaw (Del) 1274

The Delhi High Court bench of Justice Subramonium Prasad affirmed that the arbitration clause from another contract can be incorporated into the contract when there is a clear intention that arbitration clause contained in another contract would also be incorporated in the contract by which the disputes would be resolved.

Putting Together Structure Of Plywood Sheets Can't Be Construed As Constructing 'Residential House' For Claiming Capital Gain Exemption: Delhi HC

Case title: Sandeep Hooda v. Pr. Commissioner Of Income Tax-7, Delhi & Anr.

Citation: 2024 LiveLaw (Del) 1275

“Putting together a structure of plywood sheets cannot be construed as constructing a residential house,” the Delhi High Court has held.

It thus upheld an ITAT order which disallowed capital gains exemption to the appellant-assessee under Section 54 of the Income Tax Act, 1961 on the ground that a mere 'makeshift' structure was raised in the name of residential house.

Transfer Pricing-Assessee's Objections On 'Functional Dissimilarity' Not Adjudicated: Delhi HC Asks TPO To Determine Comparable Entity Afresh

Case title: Sequential Technology International India Pvt. Ltd.(Formerly Known As Omniglob Information Technologies(India)Pvt.Ltd) v. Addl. CIT, Spcl.Range-7

Citation: 2024 LiveLaw (Del) 1276

The Delhi High Court recently directed a Transfer Pricing Officer (TPO) to determine afresh the inclusion of a comparable entity with respect to an assessee, this time taking into consideration the latter's objections on 'functional dissimilarity' of the two.

'Shocking State Of Affairs': Delhi High Court Asks Authorities To Remove 'Illegal Activities' At Chandni Chowk Redevelopment Project Area

Case Title: Chandani Chowk Sarv Vyapar Mandal v. Govt. Of Nct Of Delhi & Ors

Citation: 2024 LiveLaw (Del) 1277

The Delhi High Court has directed the city authorities to remove the deficiencies and illegal activities at the Chandni Chowk redevelopment project and surrounding areas.

A division bench comprising of Chief Justice Manmohan and Justice Tushar Rao Gedela observed that prima facie, the illegal activities and deficiencies in the area must be attended to and removed by the MCD and Delhi Police in accordance with law, as expeditiously as possible. The court further asked the concerned DCP as well as DC to remain personally present in court on the next date of hearing.

Delhi High Court Permanently Restrains Two Businessmen From Infringing Trademark Of French Luxury Brand Louis Vuitton

Case title: Louis Vuitton Malletier v/s Abdulkhaliq Abdulkader Chamadia & Ors

Citation: 2024 LiveLaw (Del) 1278

The Delhi High Court has issued a permanent injunction in favour of the French luxury brand Louis Vuitton, against trademark infringement and passing off of its products bearing the 'LV' trademark by two businessmen.

Recourse To Section 147 Of Income Tax Act Not Barred In Cases Where Assessing Officer Is Empowered To Proceed U/S 153C: Delhi High Court

Case title: Pr. Commissioner Of Income Tax -7, Delhi v. Naveen Kumar Gupta

Citation: 2024 LiveLaw (Del) 1279

The Delhi High Court has held that Section 153C of the Income Tax Act, 1961 does not by itself preclude an Assessing Officer from reopening assessments under Section 147/148 of the Act, on the basis of information found during a search conducted under Section 132 or requisition made under Section 132A of Act in respect of another person.

Assessing Officer Not Required To Examine Commercial Expediency Of Transaction When Evaluating Assessee's Explanation U/S 68 Of IT Act: Delhi HC

Case title: The Pr. Commissioner Of Income Tax-6 v. Nucleus Steel Pvt. Ltd.

Citation: 2024 LiveLaw (Del) 1280

The Delhi High Court has made it clear that once an assessee offers explanation about nature and source of a credit transaction standing in its books, the burden of proof to show that such explanation is unsatisfactory shifts on the Assessing Officer.

Award In Which Damages Are Awarded In Absence Of Proven Loss Or Injury Can Be Set Aside U/S 34 On Grounds Of Patent Illegality: Delhi HC

Case Title: Indian Oil Corporation Ltd. Versus M/s Fiberfill Engineers

Citation: 2024 LiveLaw (Del) 1281

The Delhi High Court bench of Justices Vibhu Bakhru and Sachin Datta has held that awarding damages by Arbitrator in the absence of proven injury or loss qualifies to be a patent illegality under section 34 of the Arbitration Act. Such an award is liable to be set aside under section 34..