Delhi High Court Weekly Round-Up: October 23 To October 29, 2023

Citations 2023 LiveLaw (Del) 1017 to 2023 LiveLaw (Del) 1032

NOMINAL INDEX

Dr. Neena Raizada v. Medical Council of India through its Secretary & Ors. 2023 LiveLaw (Del) 1017

Wills John v. Delhi Development Authority 2023 LiveLaw (Del) 1018

The Commissioner Of Income Tax (International Taxation)-1, Delhi Versus M/S Bio-Rad Laboratories (Singapore) Pte. Ltd. 2023 LiveLaw (Del) 1019

KAVI VAIDWAN & ORS. v. DELHI SKILL AND ENTREPRENEURSHIP UNIVERSITY & ORS. 2023 LiveLaw (Del) 1020

PHONOGRAPHIC PERFORMANCE LIMITED v. GOLA SIZZLERS PRIVATE LIMITED & ORS. and other connected matters 2023 LiveLaw (Del) 1021

X v. Y 2023 LiveLaw (Del) 1022

Vodafone Idea Limited Versus Union Of India & Ors. 2023 LiveLaw (Del) 1023

MISSION SAVE CONSTITUTION v. UNION OF INDIA & ORS. 2023 LiveLaw (Del) 1024

SMT. DEEPALI & ANR. v. STATE OF NCT OF DELHI & ANR 2023 LiveLaw (Del) 1025

SUNSHINE TEAHOUSE PVT LTD v. GREY MANTRA SOLUTIONS 2023 LiveLaw (Del) 1026

INDEPENDENT SCHOOL FEDERATION OF INDIA & ANR. v. THE UNION OF INDIA & ORS. 2023 LiveLaw (Del) 1027

Sakshi Rathore and Ors v. Union of India and Ors 2023 LiveLaw (Del) 1028

Syngenta Limited v. Controller of Patents and Designs 2023 LiveLaw (Del) 1029

WONDER BRICKS Versus PCIT 2023 LiveLaw (Del) 1030

Mehra Jewel Palace Pvt Ltd Vs Pr. Commissioner Of Income Tax 2023 LiveLaw (Del) 1031

TTK PRESTIGE LTD v. ARJUN RAM & ANR. 2023 LiveLaw (Del) 1032

Doctors Issue Medical Certificate Without Examination, Delhi High Court Says Removing Their Name From Medical Council’s Roll Not The Only Leviable Penalty

Case Title: Dr. Neena Raizada v. Medical Council of India through its Secretary & Ors.

Citation: 2023 LiveLaw (Del) 1017

In a challenge brought against improper issuance of medical certificate by 2 doctors, the Delhi High Court recently held that removing their names from the rolls of Medical Council of India’s register (MCI rolls) was not the only punishment that could be given.

Interpreting Regulations 7.7 and 8.2 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, Justice Subramonium Prasad said that removal of a doctor’s name from MCI rolls for issuing improper certificate was only one of the possible punishments, but not the only.

After 26 Yrs Of Struggle, Delhi High Court Puts Son In Possession Of Flat Allotted By DDA To His Father

Case Title: Wills John v. Delhi Development Authority

Citation: 2023 LiveLaw (Del) 1018

The Delhi High Court recently quashed DDA’s cancellation order w.r.t. a flat allotted in 1996 and directed that the same be handed over to the allottee’s son (petitioner).

While deciding in favour of the petitioner, Justice Jasmeet Singh held that the Authority’s cancellation of the allotment was in violation of principles of natural justice, as no show-cause/termination notice in advance had been served.

IT And Admin Services By Singapore Entity To Its Affiliate In India Can’t Be FTS: Delhi High Court

Case Title: The Commissioner Of Income Tax (International Taxation)-1, Delhi Versus M/S Bio-Rad Laboratories (Singapore) Pte. Ltd.

Citation: 2023 LiveLaw (Del) 1019

The Delhi High Court has held that information technology and other administrative services provided by the respondent or assessee to its affiliate in India could be construed as fees for technical services (FTS).

The bench of Justice Rajiv Shakdher and Justice Girish Kathpalia has observed that services offered by the respondent or assessee to its Indian affiliates did not come within the purview of FTS, as reflected in Article 12(4)(b) of the Indo-Singapore DTAA, and concluded that they did not fulfil the criteria of the “make available” principle.

Regrettable That Candidates Resort To Malpractices To Succeed In Competitive Exams, Sincere Students Become Victims: Delhi High Court

Title: KAVI VAIDWAN & ORS. v. DELHI SKILL AND ENTREPRENEURSHIP UNIVERSITY & ORS.

Citation: 2023 LiveLaw (Del) 1020

The Delhi High Court has observed that it is regrettable that the candidates appearing for competitive examinations have to resort to malpractices and tampering in order to succeed, as a result of which innocent and sincere students become victims of their colleagues’ disorderly conduct.

Justice Chandra Dhari Singh said that such situations do not leave the State or its agencies with any other option but to cancel the examination altogether.

Copyright Infringement: Delhi High Court Restrains Sandoz, Gola Sizzlers From Playing Sound Recordings Of Phonographic Performance Ltd

Title: PHONOGRAPHIC PERFORMANCE LIMITED v. GOLA SIZZLERS PRIVATE LIMITED & ORS. and other connected matters

Citation: 2023 LiveLaw (Del) 1021

The Delhi High Court has temporarily restrained Sandoz and Gola Sizzlers from playing the sound recordings of Phonographic Performance Limited in the latter’s suit alleging copyright infringement by the two food outlets.

Justice C Hari Shankar observed that a case for grant of ex-parte ad-interim injunction is made out against the two food outlets.

The court also bound another food outlet Tim Hortons by the statement made by its counsel that it is not playing, nor would play, any of the sound recordings forming part of Phonographic Performance Limited’s repertoire, without a license.

Can't Assume Graduate Wife Intentionally Not Working To Claim Maintenance From Husband When She Was Never Employed: Delhi High Court

Title: X v. Y

Citation: 2023 LiveLaw (Del) 1022

The Delhi High Court has said that merely because the wife is holding a graduation degree, it cannot be presumed that she is intentionally not working solely with an intent to claim interim maintenance from the husband, particularly when she was never employed in the past.

While refusing to reduce interim maintenance granted to a wife, a division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna said:

“ There is no denial that the wife is a graduate having a degree, but she has never been gainfully employed. No inference can be drawn that merely because the wife is holding a degree of graduation, she must be compelled to work. It can also not be presumed that she is intentionally not working solely with an intent to claim interim maintenance from the husband.”

Delhi High Court Directs Dept. To Refund IGST On Telecommunication Services Rendered By Vodafone Idea To Foreign Telecom Operators

Case Title: Vodafone Idea Limited Versus Union Of India & Ors.

Citation: 2023 LiveLaw (Del) 1023

The Delhi High Court has directed the department to refund IGST on telecommunication services rendered by Vodafone Idea to foreign telecom operators (FTO).

The Bench of Justice Vibhu Bakhru and Justice Amit Mahajan has observed that the predecessor of the petitioner (Vodafone India Ltd.) had prevailed before the Customs Excise and Service Tax Appellate Tribunal on the question of whether the services qualified for export services.

“Can Have Communal Overtones’: Delhi High Court Refuses Permission For Muslim Mahapanchayat Meeting On Oct 29

Title: MISSION SAVE CONSTITUTION v. UNION OF INDIA & ORS.

Citation: 2023 LiveLaw (Del) 1024

The Delhi High Court has refused to grant permission to an organization to hold a public meeting (All India Muslim Mahapanchayat) at the Ramlila Ground on October 29.

Justice Subramonium Prasad upheld the Delhi Police’s decision which revoked the permission granted to the organization for holding the meeting, observing that it cannot be held to be arbitrary. It was the police’s stand that the proposed event was "communal".

The petition was moved by Mission Save Constitution, an organization which is found by Advocate Mehmood Pracha. It claims to work for creating awareness among the masses, especially the depressed classes, about their constitutional rights.

Right To Marry Person Of Choice Protected Under Constitution, Not Even Family Members Can Object: Delhi High Court

Title: SMT. DEEPALI & ANR. v. STATE OF NCT OF DELHI & ANR

Citation: 2023 LiveLaw (Del) 1025

While granting police protection to a couple who got married against the wishes of their parents, the Delhi High Court has said that where the parties are major, their right to marry a person of choice is protected under the Constitution of India and even their family members cannot object to such relationship.

Justice Tushar Rao Gedela observed that the couple’s right to marry cannot be diluted in any manner and that the State is under a constitutional obligation to provide protection to its citizens.

Delhi High Court Restrains Flavoured Tea Brand From Making Fresh Manufacture In Chaayos’ Trade Dress, Orders Take Down Of Listings From Amazon

Title: SUNSHINE TEAHOUSE PVT LTD v. GREY MANTRA SOLUTIONS

Citation: 2023 LiveLaw (Del) 1026

The Delhi High Court has restrained a flavoured tea brand, selling its products under the brand name “Teacurry” and “Just Vedic”, from making any fresh manufacture under the trade dress and packaging of the tea café “Chaayos.”

Regarding the products that have already been manufactured under Chaayos’ packaging, Justice Prathiba M Singh directed the flavoured tea manufacturer to place on record the details of the inventory along with the monetary value.

Delhi High Court Dismisses Plea Challenging Appointment Of IAS Nidhi Chibber As CBSE Chairman By Way Of ‘Bureaucratic Reshuffle’

Title: INDEPENDENT SCHOOL FEDERATION OF INDIA & ANR. v. THE UNION OF INDIA & ORS.

Citation: 2023 LiveLaw (Del) 1027

The Delhi High Court has recently dismissed a petition challenging the appointment of Senior IAS officer Nidhi Chibber as the chairman of Central Board of Secondary Education (CBSE) by way of a “bureaucratic reshuffle.”

Justice Chandra Dhari Singh rejected the plea moved by Independent School Federation of India alleging that Chibber did not fulfil the requisite terms and conditions for appointment to the position of CBSE Chairman.

Delhi HC Upholds Notification Of Armed Forces Medical Service Refusing Allotment To Candidates Admitted/ Allocated Seat In MCC 3rd Counselling

Case Title: Sakshi Rathore and Ors v. Union of India and Ors

Citation: 2023 LiveLaw (Del) 1028

The Delhi High Court recently refused to entertain an appeal challenging “last minute” notification of the Director General, Armed Forces Medical Services (AFMS) preventing candidates from participating in subsequent rounds of counselling, should they commence attendance at an institution or be allotted seats by the Medical Counselling Committee in the third round of counselling.

Delhi HC Overrules Boehringer Decision, Says Divisional Application Under Patents Act Maintainable If Plurality Of Invention Disclosed In Specifications

Case Title: Syngenta Limited v. Controller of Patents and Designs

Citation: 2023 LiveLaw (Del) 1029

While answering a reference, a Division Bench of the Delhi High Court comprising Justices Yashwant Varma and Dharmesh Sharma recently overruled the judgment passed by a Single Bench in Boehringer Ingelheim International GMBH v. The Controller of Patents.

The decision came to be rendered in the context of Section 16 of the Patents Act, 1970. This provision allows filing of a further (divisional) application w.r.t. an invention disclosed in the specifications of a preceding patent application, suo motu or consequent to an objection raised by the Controller.

Delhi High Court Quashes Assessment Order Passed Before Expiry Of Time To File A Reply To The Show Cause Notice

Case Title: WONDER BRICKS Versus PCIT

Citation: 2023 LiveLaw (Del) 1030

The Delhi High Court has quashed the assessment order passed before the time to file a reply to the show cause notice expired.

The bench of Justice Rajiv Shakdher and Justice Girish Kathpalia has observed that the show cause notice was issued on March 31, 2023, giving time to the petitioner or assessee to file its reply by May 5, 2023 (15:49 hours). The impugned order was passed on April 13, 2023.

Delhi High Court Grants Assessee An Opportunity To Adduce Evidence On Qualification, Experience, Work Profile Of Employees To Avoid Section 40A(2) Disallowance

Case Title: Mehra Jewel Palace Pvt Ltd Vs Pr. Commissioner Of Income Tax

Citation: 2023 LiveLaw (Del) 1031

The Delhi High Court has granted the assessee an opportunity to adduce appropriate evidence—documentary or otherwise—before the Assessing Officer in order to establish its claim regarding educational qualification, experience, work profile, and in particular the duties discharged by the concerned persons to justify the claim of the appellant or assessee qua payment of salary to the persons concerned.

The bench of Justice Rajiv Shakdher and Justice Girish Kathpalia has observed that as per the provision under Section 40A(2)(a) of the Income Tax Act, before recording disallowance, the Assessing Officer has to form an opinion. The opinion has to have regard to, inter alia, the legitimate needs of the business, the benefit derived, or even the fair payment outgoing for services rendered.

Relief To 'Prestige', Delhi High Court Restrains Manufacturers From Infringing Its Pressure Cookers Design

Title: TTK PRESTIGE LTD v. ARJUN RAM & ANR.

Citation: 2023 LiveLaw (Del) 1032

The Delhi High Court has temporarily restrained two manufacturers from selling or advertising “Paristone” pressure cookers bearing a design which is prima facie identical and infringes that of “Prestige” Svachh range of pressure cookers.

Justice C Hari Shankar also restrained the manufacturers from using the trade dress “Paristone” for its mark which is almost identical to the trade dress used by Prestige.