Delhi High Court Weekly Round-Up: September 30 To October 06, 2024

Best Crop Science Pvt. Ltd. versus Principal Commissioner, CGST Commissionerate, Meerut and ors 2024 LiveLaw (Del) 1079

Shankar Mor & Ors v. Union of India & Anr 2024 LiveLaw (Del) 1080

Jamshed Ansari V. State (GNCT Of Delhi) & Commissioner Of Police, Delhi 2024 LiveLaw (Del) 1081

NARENDER MEENA v. CBI 2024 LiveLaw (Del) 1082

SUSHMA v. STATE NCT OF DELHI 2024 LiveLaw (Del) 1083

Designarch Consultants Pvt Ltd And Anr vs. Jumeirah Beach Resort LLC 2024 LiveLaw (Del) 1084

Shobha gupta vs bar council of Delhi and ors 2024 LiveLaw (Del) 1085

Subhana Fashion v. Commissioner Delhi Goods And Service Tax 2024 LiveLaw (Del) 1086

THOKCHOM SHYAMJAI SINGH & ORS. v. UNION OF INDIA THROUGH HOME SECRETARY & ORS. 2024 LiveLaw (Del) 1087

Yves Saint Laurent v. Brompton Lifestyle Brands Private Limited & Anr. 2024 LiveLaw (Del) 1088

Corrtech International Pvt Ltd v. Delhi International Arbitration Center and Ors. 2024 LiveLaw (Del) 1089

Power Grid Corporation of India Ltd. v. Mirador Commercial Pvt Ltd 2024 LiveLaw (Del) 1090

Lalit Sharma & Ors. v. Union of India & Ors. 2024 LiveLaw (Del) 1091

Gateway Investment Management Services Ltd. v. Reserve Bank of India and Ors. 2024 LiveLaw (Del) 1092

Mustafa Haji v. Union of India and other connected matter 2024 LiveLaw (Del) 1093

Suhail Ahmed Khan vs. Union Of India & Ors 2024 LiveLaw (Del) 1094

SUKASH CHANDRASHEKHAR @ SUKESH v. STATE GOVT NCT OF DELHI THROUGH DG PRISONS 2024 LiveLaw (Del) 1095

NYAYA BHOOMI v. GOVT. OF NCT OF DELHI AND ORS. and other connected matter 2024 LiveLaw (Del) 1096

Master Arnesh Shaw v. Union of India & Anr. 2024 LiveLaw (Del) 1097

Gurvinder Singh & Anr. v. GNCTD & Ors. 2024 LiveLaw (Del) 1098

Rakesh Khanna vs. Naveen Kumar Aggarwal & Ors 2024 LiveLaw (Del) 1099

MR. AMARDEEP SINGH BEDI v. UNION OF INDIA & ANR. 2024 LiveLaw (Del) 1100

BABY ISHITA RAWAT v. ADARSH PUBLIC SCHOOL & ANR. 2024 LiveLaw (Del) 1101

STAFF SELECTION COMMISSION & ORS. Versus BHUPENDRA SINGH 2024 LiveLaw (Del) 1102

MS. MONIKA v. STATE NCT OF DELHI AND ORS. 2024 LiveLaw (Del) 1103

SHRI. SUNIL KALGOUNDA PATIL & ORS v. UNION OF INDIA, THROUGH SECRETARY, DEPARTMENT OF REVENUE, MINISTRY OF FINANCE. AND ORS. 2024 LiveLaw (Del) 1104

Rule 86A Of CGST Rules 2017 Does Not Imposes Any Burden To Be Discharged By Taxpayer To Be Entitled To Input Tax Credit: Delhi HC

Case Title: Best Crop Science Pvt. Ltd. versus Principal Commissioner, CGST Commissionerate, Meerut and ors

Citation: 2024 LiveLaw (Del) 1079

The Delhi High Court held that the amount of debit to be disallowed from the Electronic Credit Ledger (ECL) should not be more than the amount of the Input tax credit (ITC), which is believed to have been fraudulently availed by taxpayer.

"There May Be Some Intelligence We Don't Know": Delhi High Court On PIL Against Singhu Border Blockade, Asks Police Commissioner To Consider

Title: Shankar Mor & Ors v. Union of India & Anr

Citation: 2024 LiveLaw (Del) 1080

The Delhi High Court has closed a public interest litigation seeking removal of blockade on National Highway 44 at Singhu Border, arguing that inconvenience is being caused to the public at large.

A division bench comprising Chief Justice Manmohan and Justice Tushar Rao Gedela asked the petitioners, three individuals, to file a representation to the Commissioner of Delhi Police which has been directed to be treated as expeditiously as possible.

Plea Challenges Delhi Govt's Decision To Include 'Suspect' Column In Chargesheet, High Court Directs Principal Secy To Decide

Case Title: Jamshed Ansari V. State (GNCT Of Delhi) & Commissioner Of Police, Delhi

Citation: 2024 LiveLaw (Del) 1081

The Delhi High Court has directed Delhi government's Principal Secretary (Home) to consider as representation a PIL challenging the legality of Column 12 included in Police Charge Sheet, for inclusion of details of 'suspect' in a criminal case.

Delhi High Court Denies Bail To Former Tihar Jail Official In Inmate Ankit Gujjar Murder Case

Title: NARENDER MEENA v. CBI

Citation: 2024 LiveLaw (Del) 1082

The Delhi High Court has recently denied bail to a former Deputy Superintendent of Tihar jail in the murder case of inmate Ankit Gujjar, a 29-year old alleged gangster, who was found dead inside the prison in 2021.

Being Elderly Or Infirm Doesn't Automatically Entitle A Woman Directly Involved In Offence To Anticipatory Bail: Delhi High Court

Title: SUSHMA v. STATE NCT OF DELHI

Citation: 2024 LiveLaw (Del) 1083

The Delhi High Court has recently observed that merely being elderly or infirm does not entitle a woman to be released on anticipatory bail.

Justice Amit Mahajan made the observation while denying pre-arrest bail to a mother-in-law in a dowry death case concerning her daughter-in-law.

Delhi High Court Allows Settlement Between Dubai Based Jumeirah And NOIDA Developer Who Used 'Burj' Trademark In Its Projects

Case title: Designarch Consultants Pvt Ltd And Anr vs. Jumeirah Beach Resort LLC

Citation: 2024 LiveLaw (Del) 1084

The Delhi High Court has agreed to a settlement agreement between Jumeirah Beach Resort LLC, Dubai's international hotel chain having Burj Al Arab' as its flagship hotel and a real estate developer who used the 'Burj' mark and logo in its projects.

Following SC Order On Women Reservation, Delhi High Court Postpones Elections For DHCBA, District Bar Associations To December 13

Title: Shobha gupta vs bar council of Delhi and ors

Citation: 2024 LiveLaw (Del) 1085

The Delhi High Court has postponed to December 13 the elections for the Executive Committee of Delhi High Court Bar Association (DHCBA) and all district court bar associations in the national capital.

A full bench comprising Chief Justice Manmohan, Justice Vibhu Bakhru and Justice Yashwant Varma passed the order on an application filed by Secretary of DHCBA seeking postponement of the upcoming elections which were scheduled for October 19.

Non-Payment Of Tax To Govt For 3 Months After Due Date Not Ground To Cancel GST Registration: Delhi HC

Case title: Subhana Fashion v. Commissioner Delhi Goods And Service Tax

Citation: 2024 LiveLaw (Del) 1086

The Delhi High Court has made it clear that non-payment of dues in the form of tax, interest or penalty, by a registered entity to the account of Central/State Government beyond a period of three months after due date, is not a ground to cancel its registration under the Central Goods and Services Tax Act.

UAPA: Delhi High Court Rejects NIA's Preliminary Objection To Maintainability Of Plea Challenging Arrest Of UNLF 'Army Chief', Associates

Title: THOKCHOM SHYAMJAI SINGH & ORS. v. UNION OF INDIA THROUGH HOME SECRETARY & ORS.

Citation: 2024 LiveLaw (Del) 1087

The Delhi High Court has rejected the preliminary objection raised by the National Investigation Agency (NIA) regarding the maintainability of the petition filed by self-styled Army Chief of the United National Liberation Front (UNLF) and his two associates challenging their arrest in a UAPA case.

Justice Anup Jairam Bhambhani said that the petition is maintainable and entertained the same for arguments on merits of the case.

Appointment Of Arbitrator Not Unilateral If Consent Of Non-Signatory Not Taken: Delhi High Court

Case Title: Yves Saint Laurent v. Brompton Lifestyle Brands Private Limited & Anr.

Citation: 2024 LiveLaw (Del) 1088

The Delhi High Court has held that the consent of a non-signatory to arbitral proceedings is not required for the appointment of the arbitrator.

The bench of Justice C. Hari Shankar, while hearing a Section 14 petition challenging the tribunal's jurisdiction, has held that the appointment of an arbitrator without the consent of a non-signatory would not be an unilateral appointment. The requirement to reach a consensus for the appointment of an arbitrator under Section 21 applies to the parties to the arbitration agreement and not a non-signatory who is included in the arbitral proceedings.

Application Of MSMED Act And Arbitral Tribunal's Jurisdiction Over Contractual Disputes Must Be Determined By Arbitral Tribunal,Not By Court In Writ Jurisdiction: Delhi High Court

Case Title: Corrtech International Pvt Ltd v. Delhi International Arbitration Center and Ors.

Citation: 2024 LiveLaw (Del) 1089

The Delhi High Court has clarified the legal position of the intersection between the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) and the Arbitration and Conciliation Act, 1996.

The bench of Justice Sanjeev Narula, while hearing a petition filed under Article 226 of the Constitution, seeking to quash a notice requesting the parties to file their Statement of Claims (SoC) and subsequent communications, has clarified the legal position concerning the period of limitation under Section 18(5), the registration of an MSME supplier following the issuance of purchase order and the impact on MSME Claims.

Three-Arbitrator Tribunal To Become Sole Arbitrator Tribunal On Failure Of Party To Appoint Its Arbitrator- Delhi High Court To Examine

Case Title: Power Grid Corporation of India Ltd. v. Mirador Commercial Pvt Ltd

Citation: 2024 LiveLaw (Del) 1090

The Delhi High Court has resolved to examine an arbitration clause in the General Conditions of Contract (GCC), if the same is affected by the line of judgments following Perkins Eastman Architects DPC v. HSCC (India) Ltd, Bharat Broadband Network Ltd v. United Telecoms Ltd and Haryana Space Application Centre (HARSAC) v. Pan India Consultants Pvt Ltd.

District Bar Associations Election: Delhi High Court Exempts Taxation Bar Association Members From Court Appearance Requirement

Case Title: Lalit Sharma & Ors. v. Union of India & Ors.

Citation: 2024 LiveLaw (Del) 1091

The Delhi High Court exempted members of Taxation Bar Association from the Court appearance requirement.

The Bench, consists of Chief Justice Manmohan and Justices Vibhu Bakhru and Yashwant Varma, noted that, in light of the judgment in Lalit Sharma and Ors. v. Union of India and Ors. [W.P.(C) 10363/2021], dated 19th March 2024, a majority of the advocate members of the Delhi Tax Bar Association, despite active practice, have now become ineligible to contest, vote, or participate in the election process for the selection of the Executive Committee, scheduled for 19th October 2024.

Adjudicating Authority Decides Fairness And Reasonableness While Approving Resolution Plan, High Court Cannot- Delhi High Court

Case Title: Gateway Investment Management Services Ltd. v. Reserve Bank of India and Ors.

Citation: 2024 LiveLaw (Del) 1092

In a significant judgement, the Delhi High Court affirmed the commercial wisdom of the committee of creditors (CoC). The case was pertaining to rejection of the resolution plan proposed by the petitioner despite offering the highest bid in e-auction in a Corporate Insolvency resolution Plan (CIRP) of Helio Photo Voltaic Pvt. Ltd. (Corporate Debtor).

Climate Activist Sonam Wangchuk, His Associates From Ladakh Released And Set Free: SGI Tushar Mehta Tells Delhi High Court

Title: Mustafa Haji v. Union of India and other connected matter

Citation: 2024 LiveLaw (Del) 1093

The Delhi High Court was informed that climate activist Sonam Wangchuk and his associates from Ladakh, who were allegedly detained while marching towards the national capital for raising certain demands, have been released and set free.

In view of the submission, the court disposed of two petitions filed by Mustafa Haji and Azad seeking the release of Wangchuk and his associates.

File Affidavit On Jama Masjid's Status As Protected Monument: Delhi High Court To ASI

Case title: Suhail Ahmed Khan vs. Union Of India & Ors (W.P.(C) 7869/2014 & CM APPL. 18462/2014 & Connected matter)

Citation: 2024 LiveLaw (Del) 1094

The Delhi High Court has directed the Archaeological Survey of India (ASI) to file an affidavit about the status of Jama Masjid as a protected monument, its current occupants, the maintenance activities being undertaken by ASI and the revenues generated and utilized.

A Division Bench of Justice Prathiba M. Singh and Justice Amit Sharma issued this direction in relation to petitions that sought to declare the Jama Masjid as a 'Protected Monument' as well as a 'World Heritage Site'.

Delhi High Court Rejects Sukesh Chandrashekhar's Plea Against His 'Transfer' From Mandoli Jail To Any Other Prison

Title: SUKASH CHANDRASHEKHAR @ SUKESH v. STATE GOVT NCT OF DELHI THROUGH DG PRISONS

Citation: 2024 LiveLaw (Del) 1095

The Delhi High Court has recently rejected the prayer of alleged conman Sukesh Chandra Shekhar, booked in an extortion case, seeking directions upon the jail authorities not to transfer him from Mandoli jail to any other prison in the national capital.

The Delhi High Court has recently rejected the prayer of alleged conman Sukesh Chandra Shekhar, booked in an extortion case, seeking directions upon the jail authorities not to transfer him from Mandoli jail to any other prison in the national capital.

Delhi High Court Calls For 'Public Awareness Campaign' To Inform Citizens How Feeding Is Not Benefitting Monkeys

Title: NYAYA BHOOMI v. GOVT. OF NCT OF DELHI AND ORS. and other connected matter

Citation: 2024 LiveLaw (Del) 1096

The Delhi High Court has recently told the civic agencies in the national capital what they must do to make the citizens here aware of how feeding is not benefitting the monkeys.

A division bench comprising Chief Justice Manmohan and Justice Tushar Rao Gedela observed that feeding harms animals in various ways by increasing their dependence on humans and reducing the natural distance between wild animals and humans.

Delhi High Court Directs Centre To Constitute National Rare Diseases Fund, Orders Mandatory Monthly Meetings To Monitor Disbursement Of Funds

Case Title: Master Arnesh Shaw v. Union of India & Anr.

Citation: 2024 LiveLaw (Del) 1097

The Delhi High Court has directed the Union Government to constitute a “national rare diseases fund” and ordered mandatory monthly meetings to monitor disbursement of funds and to identify delays, if any.

Justice Prathiba M Singh directed that the National Rare Disease Committee (NRDC) constituted by the Court on May 15, 2023, shall continue to function for a further period of five years.

No Prohibition On 'Posthumous Reproduction' In Absence Of A Spouse, Consent Of Egg Or Sperm Owner Should Be Demonstrated: Delhi High Court

Case Title: Gurvinder Singh & Anr. v. GNCTD & Ors.

Citation: 2024 LiveLaw (Del) 1098

The Delhi High Court has ruled that there is no prohibition under the prevalent Indian law against posthumous reproduction, in absence of the spouse, if the consent of the egg or sperm owner is demonstrated.

Posthumous reproduction is the process of using a deceased person's gametes to create a child. The procedure is not regulated by Assisted Reproductive Technology (Regulation) Act, 2021 or the Surrogacy (Regulation) Act, 2021 or any guidelines or rules.

Consumer Commission Empowered To Issue Arrest Warrant Against Director For Company's Failure To Comply With Orders: Delhi High Court

Case title: Rakesh Khanna vs. Naveen Kumar Aggarwal & Ors

Citation: 2024 LiveLaw (Del) 1099

The Delhi High Court has observed that the issuance of arrest warrant by a Consumer Commission to a Director of a company, for the Company's failure to comply with the Commission's order, is not a determination of the director's personal liability, but a procedural mechanism to ensure that the company complies with the orders.

Pendency Of Criminal Case Can't Disqualify Individual From Exercising Right To Long Term Opportunities Abroad: Delhi HC

Title: MR. AMARDEEP SINGH BEDI v. UNION OF INDIA & ANR.

Citation: 2024 LiveLaw (Del) 1100

The Delhi High Court has observed that mere pendency of a criminal case does not automatically disqualify an individual from exercising their right to seek long-term opportunities abroad.

Justice Sanjeev Narula said that denying Police Clearance Certificate (PCC) to an individual due to mere pendency of FIRs, without any conviction or finding of guilt, constitutes an unreasonable restriction.

Delhi High Court Asks DoE To Consider Framing Guidelines To Correct Typographical Errors In EWS Admission Forms

Title: BABY ISHITA RAWAT v. ADARSH PUBLIC SCHOOL & ANR.

Citation: 2024 LiveLaw (Del) 1101

The Delhi High Court has asked the Delhi Government's Directorate of Education (DoE) to consider framing guidelines to correct the typographical errors in admission forms committed by those applying for admissions under the EWS category in private unaided schools.

Tattoo Scar Should Not Be The Basis For Disqualification, Opportunity Must Be Given To The Candidate To Remove It, Delhi High Court Reiterates

Case Title: STAFF SELECTION COMMISSION & ORS. Versus BHUPENDRA SINGH

Citation: 2024 LiveLaw (Del) 1102

A Division Bench of Delhi High Court comprising of Justices Suresh Kumar Kait and Justice Girish Kathpalia reiterated that any person with a tattoo should be given an opportunity to have the tattoo removed in a time bound manner and a scar from the tattoo should not be a reason to disqualify such candidate.

Illegal Sale Of Liquor Contrary To Delhi Excise Act Big Menace, Needs To Be Curbed With Heavy Hand: High Court

Title: MS. MONIKA v. STATE NCT OF DELHI AND ORS.

Citation: 2024 LiveLaw (Del) 1103

The Delhi High Court has recently observed that “bootlegging and illegal” sale of liquor, contrary to the provisions of Delhi Excise Act, is a big menace to the society and needs to be curbed with a heavy hand.

Revised Promotion Ratio Can't Be Applied Retroactively As Reversal Of Benefits Received By Promoted Officers Causes Administrative Disruption: Delhi High Court

Title: SHRI. SUNIL KALGOUNDA PATIL & ORS v. UNION OF INDIA, THROUGH SECRETARY, DEPARTMENT OF REVENUE, MINISTRY OF FINANCE. AND ORS.

Citation: 2024 LiveLaw (Del) 1104

A division bench of the Delhi High Court comprising of Justice Suresh Kumar Kait & Justice Girish Kathpalia held that the revised promotion ratio can't be applied retroactively but prospectively as reversal of benefits received by already promoted officers would cause administrative disruptions.