Delhi High Court Weekly Round-Up: September 25 To October 01, 2023

Citations 2023 LiveLaw (Del) 887 to 2023 LiveLaw (Del) 916

NOMINAL INDEX

ROHAN PANDEY v. STATE THROUGH SHO PS PALAM VILLAGE AND ANR 2023 LiveLaw (Del) 887

MISS TANISHKA v. ANR v. GNCTD & ORS. 2023 LiveLaw (Del) 888

THE BHAKTIVEDANTA BOOK TRUST, INDIA v. HTTPS://BHAGAVATAM.IN/#GSC.TAB=0 & ORS. 2023 LiveLaw (Del) 889

P v. THE STATE OF NCT OF DELHI & ANR 2023 LiveLaw (Del) 890

JOSEPH VARGHESE v. UNION OF INDIA & ORS. 2023 LiveLaw (Del) 891

NAVEEN SHARMA v. UNION OF INDIA AND ANR. 2023 LiveLaw (Del) 892

Raja v. State & Anr. 2023 LiveLaw (Del) 893

Disha A Ravi v. State 2023 LiveLaw (Del) 894

X v. Y 2023 LiveLaw (Del) 895

DEEPAK VERMA v. STATE & ANR. 2023 LiveLaw (Del) 896

AS v. NN 2023 LiveLaw (Del) 897

KARTIKYA SWAMI & ORS. v. STATE (NCT OF DELHI) 2023 LiveLaw (Del) 898

SUBHASHINI RATAN & ORS. vs LEGISLATIVE ASSEMBLY SECRETARIAT NCT OF DELHI & ORS. 2023 LiveLaw (Del) 899

OMID HUSSAIN KHIL @ UMED MILAD v. STATE OF NCT OF DELHI & ANR. 2023 LiveLaw (Del) 900

Vinod Kumar vs G.N.C.T. of Delhi and Ors. 2023 LiveLaw (Del) 901

NHAI v. D.S. Toll Roads Pvt Ltd 2023 LiveLaw (Del) 902

DLF Limited v. PNB Housing Finance Limited 2023 LiveLaw (Del) 903

RAHUL MAHAJAN v. MINISTRY OF EDUCATION & ORS. 2023 LiveLaw (Del) 904

SNV AVIATION PVT LTD & ANR. v. DIRECTORATE GENERAL OF CIVIL AVIATION & ANR. 2023 LiveLaw (Del) 905

PADMAJA GARIKIPATI v. UNION OF INDIA & ANR. 2023 LiveLaw (Del) 906

S. DAYA SINGH LAHORIA AND ORS. v. GOVERNMENT OF NCT OF DELHI AND ORS. 2023 LiveLaw (Del) 907

VBM MEDIZINTECHNIK GMBH vs GEETAN LUTHRA 2023 LiveLaw (Del) 908

THEOS FOOD PVT. LTD. & ORS. v. THEOBROMA FOODS PVT. LTD. 2023 LiveLaw (Del) 909

STAR INDIA PRIVATE LIMITED & ANR. v. JIOLIVE.TV & ORS. 2023 LiveLaw (Del) 910

GR Builders v. Metro Speciality Hospitals Pvt Ltd 2023 LiveLaw (Del) 911

Sarvesh v. AIIMS & Ors. 2023 LiveLaw (Del) 912

JAINEMO PRIVATE LIMITED v. RAHUL SHAH AND OTHERS 2023 LiveLaw (Del) 913

SP Singh Dhillon v. Delhi Capital Badminton Association & Ors. 2023 LiveLaw (Del) 914

NHAI v. GMR Ambala Chandigarh Expressway Private Limited 2023 LiveLaw (Del) 915

Jitendr Lala & Ors vs The State Of Delhi & Anr 2023 LiveLaw (Del) 916

Delhi High Court Quashes POCSO Case After Settlement, Asks Accused’s Father To Arrange Free Health Checkup For Teachers In 10 Govt Schools

Case Title: ROHAN PANDEY v. STATE THROUGH SHO PS PALAM VILLAGE AND ANR

Citation: 2023 LiveLaw (Del) 887

While quashing a POCSO case after settlement between parties who were young individuals, the Delhi High Court has directed the accused’s father to arrange free health checkups by Orthopaedic doctors for teachers in 10 government schools in the national capital.

Justice Saurabh Banerjee asked the accused’s father, presently working as Chief Administrative Officer of Indian Orthopaedic Association, to arrange Orthopaedic Surgeons or doctors associated with the said association to provide free medical health checkup for the teachers.

Ordinances Of Universities For Self-Regulation Can’t Override Student’s Right To Education And Human Dignity: Delhi High Court

Case Title: MISS TANISHKA v. ANR v. GNCTD & ORS.

Citation: 2023 LiveLaw (Del) 888

The Delhi High Court has said that the Ordinance of the Universities for self-regulation cannot override a student’s right to education and the right to live a life with human dignity.

Justice Purushaindra Kumar Kaurav observed that the Universities should not be rigid while taking decisions in those cases where cogent reasons are given by students for seeking migration.

No Copyright In Religious Scriptures But Adaptions Or Dramatic Works Entitled To Protection: Delhi High Court

Case Title: THE BHAKTIVEDANTA BOOK TRUST, INDIA v. HTTPS://BHAGAVATAM.IN/#GSC.TAB=0 & ORS.

Citation: 2023 LiveLaw (Del) 889

Observing that no copyright can be claimed in religious scriptures, the Delhi High Court has ruled that adaptions of such work, including making TV series or creating dramatic works, would be entitled to copyright protection.

Justice Prathiba M Singh made the observation while dealing with a suit filed Bhaktivedanta Book Trust created by a renowned scholar and spiritual leader Srila Prabhupada, against various websites, mobile applications and social media accounts which were allegedly disseminating its copyrighted works, including Bhagavat Gita and other religious books.

[S.173(2) CrPC] Prescribe Mode For Police To Inform Complainant About Completion Of Probe, Filing Of Final Report: High Court To Delhi Govt

Case Title: P v. THE STATE OF NCT OF DELHI & ANR

Citation: 2023 LiveLaw (Del) 890

The Delhi High Court has directed the Delhi Government to issue a notification prescribing the manner in which the details about completion of investigation and filing of final report is to be given by officer-in-charge of a police station to the complainant in terms of Section 173(2)(ii) of CrPC.

In an order passed on September 04, Justice Swarana Kanta Sharma directed that the notification may be issued within three months.

Delhi High Court Orders Release Of ₹1 Crore Ex-Gratia Compensation To Husband, Son Of Health Worker Who Died On COVID-19 Duty

Case Title: JOSEPH VARGHESE v. UNION OF INDIA & ORS.

Citation: 2023 LiveLaw (Del) 891

The Delhi High Court has ordered release of Rs. 1 crore ex-gratia compensation to the husband and minor son of a health care worker who died on COVID-19 duty during the first wave of pandemic.

Justice Prathiba M Singh directed that Rs. 50 lakhs be released to the husband whereas the remaining Rs. 50 lakhs shall be released to the son.

Delhi High Court Calls For Uniform Eligibility Conditions For Recruitment To Various Teaching Posts

Case Title: NAVEEN SHARMA v. UNION OF INDIA AND ANR.

Citation: 2023 LiveLaw (Del) 892

The Delhi High Court has called for uniform and consistent eligibility conditions for recruitment to the posts of primary teachers, post graduate teachers and trained graduate teachers respectively, and has asked the Union Ministry of Higher Education to look into the matter.

“It may be in consonance with the objective of National Education Policy to streamline and provide uniform/consistent eligibility conditions for the recruitment to the posts of Primary Teachers, TGTs and PGTs since the curriculum to be taught is generally similar across different educational boards including CBSE,” a division bench of Justice V Kameswar Rao and Justice Anoop Kumar Mendiratta said.

Delhi High Court Quashes FIR Between Neighbours After Settlement, Asks Accused To Offer Social Service At Hanuman Temple For 40 Days

Case Title: Raja v. State & Anr.

Citation: 2023 LiveLaw (Del) 893

The Delhi High Court has quashed an FIR registered between neighbours after settlement between them and asked the accused to offer social service at Hanuman temple situated at Connaught Place for 40 days.

Justice Jyoti Singh allowed the petition moved by the accused Raja seeking quashing of an FIR which was registered in 2018 under Section 354 (outraging modesty of a woman) of Indian Penal Code and Section 12 (punishment for sexual harassment) of POCSO Act.

Toolkit Case: Delhi High Court Dismisses Disha Ravi’s Plea To Modify Bail Condition Restricting Foreign Travel Without Prior Permission

Case Title: Disha A Ravi v. State

Citation: 2023 LiveLaw (Del) 894

The Delhi High Court has dismissed the plea moved by climate activist Disha Ravi, accused in the 2021 “toolkit case”, seeking modification of a bail condition requiring her to obtain prior permission from court each time before travelling abroad.

Justice Swarana Kanta Sharma rejected the petition moved by Ravi seeking modification of the bail condition which read as “She shall not leave the country without the permission of the court.”

Husband Making Friends At Work Not Cruelty, Merely Drinking Alcohol Daily Doesn't Make Him Alcoholic When No Untoward Incident: Delhi High Court

Case Title: X v. Y

Citation: 2023 LiveLaw (Del) 895

The Delhi High Court has observed that making friends at workplace or otherwise when both husband and wife have been living separately due to work exigencies cannot be termed as cruelty.

A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna observed that a person who is living alone may find solace by having friends, and merely because such individual used to talk to friends can neither be held to be an act of ignoring the spouse nor a cruel act.

Give Woollen Blankets Worth ₹25K To Shelter Home For Girls: Delhi High Court To Accused While Quashing Sexual Harassment Case After Settlement

Case Title: DEEPAK VERMA v. STATE & ANR.

Citation: 2023 LiveLaw (Del) 896

While quashing a sexual harassment case after settlement between the parties, the Delhi High Court has directed the accused to contribute Rs. 25,000 in the form of woollen blankets to a shelter home for girls in the national capital.

Justice Jyoti Singh allowed the accused’s plea for quashing of the FIR registered in 2014 under Section 354 (outraging modesty of a woman), 354A (sexual harassment), 354D (stalking), 506 (criminal intimidation) and 509 (word, gesture or act intended to insult the modesty of a woman) of Indian Penal Code, 1860.

Wife Working To Supplement Her Daily Expenditure Amid Non-Payment By Husband No Ground To Reduce Maintenance: Delhi High Court

Title: AS v. NN

Citation: 2023 LiveLaw (Del) 897

The Delhi High Court has observed that if a wife starts working to supplement daily expenditure for herself and the child due to financial crunch, it is not a ground to reduce maintenance payable to her by her husband.

A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna dismissed a husband’s appeal challenging a family court order refusing to modify monthly maintenance of Rs. 8,000 to the wife and Rs. 3,000 for the minor child.

High Court Quashes Wife’s FIR Against Husband After Settlement, Asks Him To Contribute Towards Delhi’s Green Cover

Title: KARTIKYA SWAMI & ORS. v. STATE (NCT OF DELHI)

Citation: 2023 LiveLaw (Del) 898

The Delhi High Court has asked a man to make contributions towards the "green cover" of the national capital, while quashing an FIR registered against him and his family members by his wife. The parties had reached a settlement after divorce by mutual consent.

Justice Saurabh Banerjee asked the husband to provide 500 ml of “Organic Fungicide for Plants” to five police stations in Delhi within two weeks.

Delhi High Court Stays Termination Of Delhi Assembly Fellows, Notes Speaker Himself Had Objected To It

Case Title: SUBHASHINI RATAN & ORS. vs LEGISLATIVE ASSEMBLY SECRETARIAT NCT OF DELHI & ORS.

Citation: 2023 LiveLaw (Del) 899

The Delhi High Court recently stayed the order of the Delhi Legislative Assembly Secretariat disengaging the services of Fellows and Associate Fellows under the Delhi Assembly Research Centre Fellowship Programme.

The tenure of petitioners was terminated prematurely on the ground that the reservation policy had not been followed while making the appointments and that the approval of the Lt. Governor had not been taken.

Convicted Foreigner Gets Parole For Filing SLP, Delhi HC Says Severity Of Offence/ Free Legal Aid Not Ground To Revoke Such Entitlement

Case Title: OMID HUSSAIN KHIL @ UMED MILAD v. STATE OF NCT OF DELHI & ANR.

Citation: 2023 LiveLaw (Del) 900

The Delhi High Court has observed that the right of a convict to file a Special Leave Petition before the Supreme Court cannot be denied solely based on the severity of the offence or the availability of free legal assistance even if such a plea can be filed from jail itself.

The Court said that every individual has the right to “effectively pursue their legal recourse in the ultimate court of justice within the nation” accomplished by submitting a SLP through a chosen legal representative.

Period Of Absence Of Convicted Employee Who Is Later Acquitted To Be Counted Towards Seniority And Subsistence Allowance But Not Backwages: Delhi HC

Case Title: Vinod Kumar vs G.N.C.T. of Delhi and Ors.

Citation: 2023 LiveLaw (Del) 901

The Delhi High Court has ruled that the period under which an employee is placed under suspension, cannot be treated as period “not spent on duty” for all intents and purposes. The court remarked that the period can be treated as “not spent on duty” only for the purposes of back wages and not for the purposes of seniority and promotion.

Delay In The Handing Over The Work Front Affecting Completion Is A Material Breach : Delhi High Court

Case Title: NHAI v. D.S. Toll Roads Pvt Ltd

Citation: 2023 LiveLaw (Del) 902

The Delhi High Court has held that delay in the handing over of the Right of Way is a material breach of contract if it affects the issuance of Completion Certificate or delays the Commercial Date of Operation (COD).

Justice Manoj Kumar Ohri upheld an arbitral award wherein the arbitrator held NHAI to be in material breach of the contract for its failure to provide the Right of Way or the work front to the contractor which resulted in the delay in issuance of provisional completion certificate and delayed commercial date of operation.

Right Of Pledgee To Sell Pledged Shares Is Subservient To The Pledgor’s Right To Redeem Such Shares: Delhi High Court

Case Title: DLF Limited v. PNB Housing Finance Limited

Citation: 2023 LiveLaw (Del) 903

The Delhi High Court has held that the right of the pledgee to sell the pledged shares for default to repay the loan amount is subservient to the right of the pledgor to redeem such shares under Section 177 of Indian Contract Act.

Justice Manoj Kumar Ohri held that the pledged shares cannot be sold by the pledgee without deciding on the offer made by the pledgor to redeem such shares

Delhi High Court Asks UGC To Take Action Against Colleges Offering Unspecified Degrees

Case Title: RAHUL MAHAJAN v. MINISTRY OF EDUCATION & ORS.

Citation: 2023 LiveLaw (Del) 904

The Delhi High Court has directed the University Grants Commission (UGC) to take necessary action against the varsities and colleges offering unspecified degrees and ensure compliance of law including penal provisions on the issue.

A division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula observed that the purpose of providing specification of degrees approved by UGC is to maintain uniformity in the standards of education.

[Akasa Air Case] DGCA At Liberty To Act Against Pilots In Breach Of Contract, No Absolute Restraint: Delhi High Court

Case Title: SNV AVIATION PVT LTD & ANR. v. DIRECTORATE GENERAL OF CIVIL AVIATION & ANR.

Citation: 2023 LiveLaw (Del) 905

While dealing with a plea moved by budget carrier Akasa Air in relation to resignation of its pilots without serving mandatory notice period, the Delhi High Court has said that the Directorate General of Civil Aviation (DGCA) is at liberty to act against the defaulting pilots in case they are in breach of the contract.

Justice Manmeet Pritam Singh observed that in case of non-compliance of the contract, the Civil Aviation Rules, 2017 become operative and thus, DGCA can act in accordance with the said Rules as well as the extant law against the party in breach.

Sports Code Compliance: Delhi High Court Stays Executive Committee Elections Of Gymnastics Federation Of India

Case Title: PADMAJA GARIKIPATI v. UNION OF INDIA & ANR.

Citation: 2023 LiveLaw (Del) 906

The Delhi High Court has stayed the election of the office bearers and members of executive committee of the Gymnastics Federation of India (GFI).

Justice Purushaindra Kumar Kaurav observed that the Federation was in non-compliance of the mandate of an order passed on August 16 last year wherein a division bench ordered that the Indian Olympic Association and National Sports Federation have to necessarily comply with the mandate stated under the National Sports Development Code of India, 2011.

Delhi High Court Upholds Restriction On MCOCA Inmates To Meet Family Members Only

Case Title: S. DAYA SINGH LAHORIA AND ORS. v. GOVERNMENT OF NCT OF DELHI AND ORS.

Citation: 2023 LiveLaw (Del) 907

The Delhi High Court has upheld the restriction put by the prison authorities on the inmates booked under Maharashtra Control of Organized Crime Act, 1999, to meet only their family members and no one else.

This was after prison authorities submitted that they are authorized to separate high-risk prisoners or prisoners perceived as security threats, and lodge them in high security wards. 

Indian Entity Invokes "Holy Trinity Of Hindu Gods" To Defend Trade Name In Delhi High Court But Fails, German Company Gets Interim Relief

Case Title: VBM MEDIZINTECHNIK GMBH vs GEETAN LUTHRA

Citation: 2023 LiveLaw (Del) 908

The Delhi High Court recently dismissed the attempt of an Indian entity to invoke the holy Trinity of Hindu gods- Brahma, Vishnu and Mahesh- to justify the use of a mark which allegedly infringed a German medical equipment company’s “VBM” mark.

While granting interim relief to the latter, bench of Justice C. Hari Shankar said,

“The “Vishnu Brahma Mahesh” explanation is too facile to pass legal muster, besides being unsupported by any corroborative documentary evidence,” the court said.

Theos v. Theobroma: Delhi High Court Closes Trademark Infringement Suit, Issues Clarifications

Case Title: THEOS FOOD PVT. LTD. & ORS. v. THEOBROMA FOODS PVT. LTD.

Citation: 2023 LiveLaw (Del) 909

The Delhi High Court has decreed with certain clarifications a trademark infringement suit between two competing bakery entities Theos and Theobroma, after a settlement between them.

Delhi High Court Restrains Rogue Websites From Screening ICC Cricket World Cup Matches

Case Title: STAR INDIA PRIVATE LIMITED & ANR. v. JIOLIVE.TV & ORS.

Citation: 2023 LiveLaw (Del) 910

The Delhi High Court has restrained nine rogue websites from screening or disseminating any part of the ICC World Cup cricket matches on any electronic or digital platform.

“Rogue websites, which in the past have indulged in piracy of copyrighted content, are very likely to continue communicating copyrighted works to the public during the currency of World Cup 2023. Thus, there is a need to restrain any rogue websites from disseminating and communicating to the public any part of the cricket match events without authorisation or license from the Plaintiffs,” Justice Prathiba M Singh said.

Accrual Of Cause Of Action At A Place Is Not A Consideration For Determining Jurisdiction For The Purpose Of Section 11 Of A&C Act: Delhi High Court

Case Title: GR Builders v. Metro Speciality Hospitals Pvt Ltd

Citation: 2023 LiveLaw (Del) 911

The Delhi High Court has held that the accrual of cause of action at a place for pursuing a substantive legal action is not a consideration for determining jurisdiction for the purposes of Section 11 of the A&C Act.

Justice Manoj Kumar Ohri reiterated that the place of arbitration would be the seat of arbitration when there is no contrary indicia present in the agreement to show that the place of arbitration was not intended to be the seat of arbitration.

Delhi High Court Constitutes Committee For Streamlining Process Of Availing Free Medical Treatment Under Govt Schemes

Title: Sarvesh v. AIIMS & Ors.

Citation: 2023 LiveLaw (Del) 912

The Delhi High Court has constituted a seven member Committee to streamline the process of availing free medical treatment under various government schemes in the hospitals in the national capital.

A division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula said that the Committee will give recommendations for “alleviating and curing the defects” in the current system to avail financial assistance.

Delhi HC Orders Blocking Of Telegram Channels, Deactivation Of WhatsApp Numbers Illegally Sharing Course Materials Of ‘Apna College’ Platform

Title: JAINEMO PRIVATE LIMITED v. RAHUL SHAH AND OTHERS

Citation: 2023 LiveLaw (Del) 913

The Delhi High Court has restrained various entities from circulating or sharing the course materials of online education platform “Apna College” on WhatsApp groups, telegram and YouTube channels.

Justice Prathiba M Singh was dealing with Apna College’s suit alleging infringement of its copyrighted content by 17 defendant entities who were disseminating its courses, including printed course materials, videos, etc. on social media platforms like WhatsApp, Telegram and YouTube.

High Court Appoints Retired Justice Pankaj Naqvi As Administrator Of Delhi Capital Badminton Association

Title: SP Singh Dhillon v. Delhi Capital Badminton Association & Ors.

Citation: 2023 LiveLaw (Del) 914

The Delhi High Court has appointed retired judge of Allahabad High Court, Justice Pankaj Naqvi, as administrator of the Delhi Capital Badminton Association.

A division bench of Justice Yashwant Varma and Justice Dharmesh Sharma ordered that Justice Naqvi shall be entitled to take over the day-to-day affairs and administration of the Association, subject to further orders.

Widening And Improvement Of An Existing Road Would Be A ‘Bypass’ When Such Improvement Diverts Traffic From Project Road Resulting In Loss Of Toll Revenue: Delhi High Court

Case Title: NHAI v. GMR Ambala Chandigarh Expressway Private Limited

Citation: 2023 LiveLaw (Del) 915

The Delhi High Court has held that development, improvement, widening and construction over an existing narrow highway would be considered to be a ‘bypass’ when such improvement makes the road viable for heavy vehicles and becomes an alternate road, resulting in reduction of the traffic from the project highway, affecting the toll revenue.

The bench of Justices Suresh Kumar Kait and Neena Bansal Krishna upheld the setting aside of an arbitral award wherein the tribunal had rejected the claims of the contractor by observing that the widening or development of an existing road would not be a ‘bypass’ even if does lead to reduction in the traffic on the project highway.

Arrange ‘Delhi Darshan’ Bus Ride For Old Age Home Residents: Delhi High Court To Accused While Quashing FIR

Title: Jitendr Lala & Ors vs The State Of Delhi & Anr

Citation: 2023 LiveLaw (Del) 916

While quashing an FIR after settlement between the parties, the Delhi High Court has directed three accused to arrange bus ride for “Delhi Darshan” for senior citizens residing in an old age home in the national capital.

Justice Saurabh Banerjee asked the accused persons to collectively arrange a bus on hire for taking the senior citizens for Delhi Darshan for a minimum duration of 4 hours.