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Delhi High Court Weekly Round-Up: April 29 To May 05, 2024
Nupur Thapliyal
5 May 2024 7:47 AM GMT
Citations 2024 LiveLaw (Del) 507 to 2024 LiveLaw (Del) 545NOMINAL INDEXMukesh Kumar Singh Versus Commissioner Of Delhi GST 2024 LiveLaw (Del) 507M/s Oasis Projects Ltd v. National Highway & Infrastructure Development Corporation Ltd 2024 LiveLaw (Del) 508Larsen & Turbo Ltd v. IREO Victory Valley Pvt Ltd 2024 LiveLaw (Del) 509ASHOK KUMAR SINGH AND ORS v. UNION OF INDIA AND ANR 2024...
Citations 2024 LiveLaw (Del) 507 to 2024 LiveLaw (Del) 545
NOMINAL INDEX
Mukesh Kumar Singh Versus Commissioner Of Delhi GST 2024 LiveLaw (Del) 507
M/s Oasis Projects Ltd v. National Highway & Infrastructure Development Corporation Ltd 2024 LiveLaw (Del) 508
Larsen & Turbo Ltd v. IREO Victory Valley Pvt Ltd 2024 LiveLaw (Del) 509
ASHOK KUMAR SINGH AND ORS v. UNION OF INDIA AND ANR 2024 LiveLaw (Del) 510
Anand S Jondhale v. Shri Rajiv Kumar Chief Election Commissioner of India & Anr. 2024 LiveLaw (Del) 511
Case Title: Appolo Handloom Manufacturing Co-Op Society Ltd v. All India Handloom Fabrics Society 2024 LiveLaw (Del) 512
Social Jurist v. Gnctd & Ors. 2024 LiveLaw (Del) 513
M/s Oravel Stays Pvt Ltd v. Nikhil Bhalla 2024 LiveLaw (Del) 514
Sun & Sand Industries Africa Pvt. Ltd Versus Sales Tax Officer Class-Ii/Avato Department Of Trade And Taxes 2024 LiveLaw (Del) 515
SATPAL SINGH SARNA & ORS v. SATYA PRAKASH BANSAL 2024 LiveLaw (Del) 516
MUBEEN KADAR SHAIKH v. STATE OF NCT OF DELHI and other connected matters 2024 LiveLaw (Del) 517
Rumit Kumar Vs Transport Department GNCTD And Ors 2024 LiveLaw (Del) 518
BHAVIK KOLADIYA v. ASHNEER GROVER & ANR. 2024 LiveLaw (Del) 519
RAJAN SINGH v. THE STATE GOVT OF NCT DELHI & OTHERS 2024 LiveLaw (Del) 520
Ayesha Sankhla (Through Guardian Kapil Kumar Sankhala) Vs Government Of Nct Of Delhi & Anr. 2024 LiveLaw (Del) 521
KASHMIR HARVARD EDUCATIONAL INSTITUTE v. PRESIDENT AND FELLOWS OF HARVARD COLLEGE 2024 LiveLaw (Del) 522
SOUKIN v. THE NCT STATE NEW DELHI and other connected matters 2024 LiveLaw (Del) 523
AMARJEET GUPTA v. ELECTION COMMISSION OF INDIA & ORS 2024 LiveLaw (Del) 524
ANIL KUMAR HAJELAY & ORS. v. HON'BLE HIGH COURT OF DELHI 2024 LiveLaw (Del) 525
M/S Krish Overseas Versus Commissioner Central Tax-Delhi West & Ors. 2024 LiveLaw (Del) 526
ACTION COMMITTEE UNAIDED RECOGNIZED PRIVATE SCHOOLS v. DIRECTORATE OF EDUCATION 2024 LiveLaw (Del) 527
DELHI BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE BOARD v. DULARI DEVI & ANR. 2024 LiveLaw (Del) 528
PFIZER PRODUCTS INC. v. RENOVISION EXPORTS PVT. LTD. AND ANR. 2024 LiveLaw (Del) 529
SHOAIB ALAM @ BOBBY v. STATE and other connected matters 2024 LiveLaw (Del) 530
ASHWINI KUMAR UPADHYAY v. UNION OF INDIA & OTHERS 2024 LiveLaw (Del) 531
CIT verses Dabur India Ltd 2024 LiveLaw (Del) 532
Shri Sita Ram & Others vs Municipal Corporation of Delhi 2024 LiveLaw (Del) 533
LAWYER'S VOICE v. UNION OF INDIA & ORS. 2024 LiveLaw (Del) 534
Remy Israni vs R. B. Seth Jessa Ram Hospital And Bros 2024 LiveLaw (Del) 535
M/S Madras Trading Co Vs Ramjeet @ Ramajeet & Anr 2024 LiveLaw (Del) 536
SUNNY ALIAS RAVI KUMAR v. STATE OF NCT OF DELHII 2024 LiveLaw (Del) 537
SUNAYANA SIBAL & ORS. v. GOVERNMENT OF NCT OF DELHI & ORS. 2024 LiveLaw (Del) 538
VIJAY DARDA v. CENTRAL BUREAU OF INVESTIGATION 2024 LiveLaw (Del) 539
National Highways Authority Of India Vs M/S Kcc Buildcon Pvt. Ltd. 2024 LiveLaw (Del) 540
Feroz Ahmed Bhatt Vs State Of Nct Of Delhi & Anr 2024 LiveLaw (Del) 541
Dr. Shashi Bhushan Vs. University of Delhi 2024 LiveLaw (Del) 542
Kanchanjunga Building Employees Union Vs Kanchanjunga Flat Owner's Society & Anr 2024 LiveLaw (Del) 543
Pawan Kumar Mathuri. vs UOI & Ors 2024 LiveLaw (Del) 544
DIRECTORATE OF ENFORCEMENT v. AKHILESH SINGH & ORS. 2024 LiveLaw (Del) 545
Case Title: Mukesh Kumar Singh Versus Commissioner Of Delhi GST
Citation: 2024 LiveLaw (Del) 507
The Delhi High Court has held that one of the consequences of cancelling a taxpayer's registration with retrospective effect is that the taxpayer's customers are denied the input tax credit availed in respect of the supplies made by the taxpayer.
Case Title: M/s Oasis Projects Ltd v. National Highway & Infrastructure Development Corporation Ltd
Citation: 2024 LiveLaw (Del) 508
The High Court of Delhi has held that a contract cannot be debarred or blacklisted without a prior notice or opportunity of hearing even in cases where there is a provision in the contract for deemed debarment in case of termination of the contract.
Case Title: Larsen & Turbo Ltd v. IREO Victory Valley Pvt Ltd
Citation: 2024 LiveLaw (Del) 509
The High Court of Delhi has held that an arbitration clause contained in the original agreement would fall if the agreement is superseded by a settlement agreement without an arbitration clause.
The bench of Justice Pratibha M. Singh held that if a mutual settlement supersedes the original contract, the original arbitration clause would not survive and if there is unilateral repudiation, then the arbitration clause may survive depending on the facts.
Title: ASHOK KUMAR SINGH AND ORS v. UNION OF INDIA AND ANR
Citation: 2024 LiveLaw (Del) 510
The Delhi High Court has refused to entertain a PIL seeking “authoritative interpretation” of Section 66 of PMLA, alleging that ED is pressurizing the police and CBI to file FIRs under predicate offence on the basis of the information shared by it with the agencies.
A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora granted liberty to the petitioners, Ashok Kumar Singh and another individual, to raise the issue of interpretation before appropriate courts in appropriate proceedings.
Title: Anand S Jondhale v. Shri Rajiv Kumar Chief Election Commissioner of India & Anr.
Citation: 2024 LiveLaw (Del) 511
The Delhi High Court has dismissed a plea seeking to disqualify Prime Minister Narendra Modi for six years for allegedly seeking votes for the Bhartiya Janata Party (BJP) in the name of Hindu as well as Sikh deities and place of worships.
The plea was moved by Anand S Jondhale, a lawyer by profession.
Case Title: Appolo Handloom Manufacturing Co-Op Society Ltd v. All India Handloom Fabrics Society
Citation: 2024 LiveLaw (Del) 512
The High Court of Delhi has held that a petition under Section 11(6) of the A&C Act can be entertained by the High Court to direct the 'Central Registrar' of Co-operative Societies to appoint an arbitrator under Section 84 of Multi State Cooperative Societies Act, 2002 after it fails to act on the request of the party.
Title: Social Jurist v. Gnctd & Ors.
Citation: 2024 LiveLaw (Del) 513
The Delhi High Court has said that the decision of Arvind Kejriwal to continue to hold the position of Chief Minister despite his arrest is his “personal decision” but his non-availability cannot come in the way of young children studying in MCD schools from receiving their free text books, writing material and uniform forthwith.
A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet PS Arora observed that national interest and public interest demands that no person who holds the post of Chief Minister is incommunicado or absent for a long stretch of time or for an uncertain period time.
Case Title: M/s Oravel Stays Pvt Ltd v. Nikhil Bhalla
Citation: 2024 LiveLaw (Del) 514
The High Court of Delhi has held that an arbitration clause contained in the terms and conditions available on the website of a company would get incorporated in the agreement between the parties if the agreement makes an express reference and provide a hyperlink to T&Cs.
Case Title: Sun & Sand Industries Africa Pvt. Ltd Versus Sales Tax Officer Class-Ii/Avato Department Of Trade And Taxes
Citation: 2024 LiveLaw (Del) 515
The Delhi High Court has held that, as per Section 75(5) of the GST Act, if sufficient cause is shown, the proper officer shall adjourn the hearing; however, not more than three adjournments may be granted.
Unfortunate That Tenancy Litigation In India Takes More Than A Decade To Fructify: Delhi High Court
Title: SATPAL SINGH SARNA & ORS v. SATYA PRAKASH BANSAL
Citation: 2024 LiveLaw (Del) 516
The Delhi High Court has observed that it is unfortunate that the litigation in India, especially the tenancy litigation under the rent control legislation, takes more than a decade to fructify.
Title: MUBEEN KADAR SHAIKH v. STATE OF NCT OF DELHI and other connected matters
Citation: 2024 LiveLaw (Del) 517
The Delhi High Court has denied bail to three accused persons in the UAPA case concerning the 2008 serial blasts in the national capital that claimed 26 lives.
A division bench comprising Justice Suresh Kumar Kait and Justice Shalinder Kaur dismissed the appeals moved by Mubeen Kadar Shaikh and Saquib Nisar.
Accused Mansoor Asghar Peerbhoy was denied bail by the division bench comprising Justice Suresh Kumar Kait and Justice Manoj Jain.
Case Title: Rumit Kumar Vs Transport Department GNCTD And Ors
Citation: 2024 LiveLaw (Del) 518
The Delhi High Court has held that though Section 52 of the Motor Vehicles Act (which talks about alteration in motor vehicle) does not explicitly permit bullet-proofing of vehicles, nonetheless the registration of a vehicle cannot be suspended for bullet proofing in absence of a specific finding that such modification causes danger to the public as stipulated under Section 53 of the Act.
Title: BHAVIK KOLADIYA v. ASHNEER GROVER & ANR.
Citation: 2024 LiveLaw (Del) 519
The Delhi High Court has restrained BharatPe's Former Managing Director Ashneer Grover from making any third party rights or interest in the 16,110 shares transferred to him by fintech company's co-founder Bhavik Koladiya.
Justice Prateek Jalan passed the order on the interim application filed by Koladiya in his suit against Grover.
Title: RAJAN SINGH v. THE STATE GOVT OF NCT DELHI & OTHERS
Citation: 2024 LiveLaw (Del) 520
The Delhi High Court has granted police protection to a transgender person for filling up the nomination form in the upcoming Lok Sabha Elections as a candidate from South Delhi Parliamentary Constituency.
Justice Anoop Kumar Mendiratta observed that Article 14 of the Constitution of India ensures equal protection of laws in all spheres of State activity, including participation in the election process.
Case Title: Ayesha Sankhla (Through Guardian Kapil Kumar Sankhala) Vs Government Of Nct Of Delhi & Anr.
Citation: 2024 LiveLaw (Del) 521
In a recent legal ruling, the Delhi High Court dismissed a petition seeking admission for a student from the Economically Weaker Section (EWS) in a private school for the academic year 2024-2025.
The petitioner, Ayesha Sankhla, had applied for admission to Nursery/Pre-School grade in the academic year 2022-2023. Notably, under the regime of the Right of Children to Free and Compulsory Education Act, 2009 (the RTE Act), she belongs to the Disadvantaged Group (DG), who is entitled to admission to entry level classes under Section 121 of the said Act on preferential basis.
Title: KASHMIR HARVARD EDUCATIONAL INSTITUTE v. PRESIDENT AND FELLOWS OF HARVARD COLLEGE
Citation: 2024 LiveLaw (Del) 522
The Delhi High Court has dismissed an appeal against a single judge order which upheld an arbitral award directing transfer of a domain name registered by Kashmir Harvard Educational Institute based in Srinagar to the President and Fellows of Harvard College in the United States of America.
A division bench comprising Justice Vibhu Bakhru and Justice Tara Vitasta Ganju rejected the appeal moved by the Institute with costs of Rs. 50,000.
'Sextortion' Is A Social Menace, Represents Profound Violation Of Privacy: Delhi High Court
Title: SOUKIN v. THE NCT STATE NEW DELHI and other connected matters
Citation: 2024 LiveLaw (Del) 523
The Delhi High Court has observed that 'sextortion' is a significant social menace which represents a profound violation of privacy.
Justice Amit Mahajan said that sextortion not only undermines individual dignity but also poses serious challenges to law enforcement due to its “clandestine and cross-jurisdictional nature.”
Title: AMARJEET GUPTA v. ELECTION COMMISSION OF INDIA & ORS.
Citation: 2024 LiveLaw (Del) 524
The Delhi High Court has dismissed a PIL seeking a direction upon the Election Commission of India (ECI) to develop a mechanism to ensure that arrested political leaders are allowed to campaign through VC for the ongoing Lok Sabha polls 2024.
A division bench comprising of Acting Chief Justice Manmohan and Justice Manmeet PS Arora said that it is a highly adventurous plea, contrary to fundamental principles of law.
Case Title: ANIL KUMAR HAJELAY & ORS. v. HON'BLE HIGH COURT OF DELHI
Citation: 2024 LiveLaw (Del) 525
The Delhi High Court has recently issued various directions for implementing the project for having hybrid hearing in the courts in the national capital.
A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet PS Arora directed the Delhi Government to forthwith expedite the financial sanction in respect of all 691 courts as stated in preliminary estimate of approximately Rs. 387 crore.
Life Of Provisional Attachment Order Is Only One Year: Delhi High Court
Case Title: M/S Krish Overseas Versus Commissioner Central Tax-Delhi West & Ors.
Citation: 2024 LiveLaw (Del) 526
The Delhi High Court has held that the life of an order of provisional attachment is only one year.
The bench of Justice Sanjeev Sachdeva and Justice Ravinder Dudeja has observed that the communication of attachment is dated August 14, 2019, and a period of one year has elapsed since the issuance of the communication.
Title: ACTION COMMITTEE UNAIDED RECOGNIZED PRIVATE SCHOOLS v. DIRECTORATE OF EDUCATION
Citation: 2024 LiveLaw (Del) 527
The Delhi High Court has stayed a circular issued by the Delhi Government stating that no recognized private unaided school in the national capital, which has been allotted land by government agencies, shall enhance fee for the upcoming 2024-25 academic session without the prior sanction of Director of Education (DoE).
Justice C Hari Shankar stayed the circular issued on March 27 which barred all Private Recognized Unaided Schools from raising the fee without prior sanction of the DoE.
Title: DELHI BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE BOARD v. DULARI DEVI & ANR.
Citation: 2024 LiveLaw (Del) 528
The Delhi High Court has observed that monthly pension of Rs. 3000 to building and construction workers is minuscule, given the cost of living in a city like the national capital.
The building and construction workers are, who are registered with the Delhi Building and Other Construction Workers Welfare Board, are entitled for a monthly pension of Rs. 3000 after completion of 60 years.
Title: PFIZER PRODUCTS INC. v. RENOVISION EXPORTS PVT. LTD. AND ANR.
Citation: 2024 LiveLaw (Del) 529
The Delhi High Court has permanently restrained a homeopathic oil manufacturer from selling its products under the mark “Vigoura” after pharmaceutical company Pfizer accused it of infringing its registered trademark “Viagra” used for an erectile dysfunction allopathic drug.
Justice Sanjeev Narula observed that the trademark “Viagra” is highly recognized by its name in the sphere of erectile dysfunction drugs and has also acquired national and global repute.
Title: SHOAIB ALAM @ BOBBY v. STATE and other connected matters
Citation: 2024 LiveLaw (Del) 530
The Delhi High Court has granted bail to three men, Shoaib Alam, Gulfam and Javed, accused in the murder case of Intelligence Bureau (IB) staffer Ankit Sharma during the 2020 North-East Delhi riots.
Justice Navin Chawla however dismissed the bail plea moved by other accused, Nazim, in the case.
Delhi High Court Refuses To Entertain PIL For Having 4-Yr LLB Course
Case Title: ASHWINI KUMAR UPADHYAY v. UNION OF INDIA & OTHERS
Citation: 2024 LiveLaw (Del) 531
The Delhi High Court has refused to entertain a PIL seeking a direction on Centre to constitute a “Legal Education Commission” comprising of retired judges, law professors and lawyers to ascertain the feasibility of four years LLB course.
A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet PS Arora remarked that it is not the court's domain to design courses and that the authorities will decide the issue.
Case Title: CIT verses Dabur India Ltd
Citation: 2024 LiveLaw (Del) 532
The Delhi High Court dismisses Revenue's appeal against ITAT's order in case of Dabur India Ltd., while reiterating that for purpose of deduction u/s 80IB & 80IC of the Income tax Act, the only essential requisite is that the eligible industrial undertakings should be carrying out manufacture or production of articles or things.
Case Title: Shri Sita Ram & Others vs Municipal Corporation of Delhi
Citation: 2024 LiveLaw (Del) 533
The Delhi High Court single bench of Justice Chandra Dhari Singh held that implementation of revised pay scales involves executive discretion and courts do not have the authority to intervene unless there is evidence of illegality or a glaring irregularity.
The case involved allegations against the Municipal Corporation of Delhi for failure to implement an enhanced pay scale for its technicians, as recommended by the 5th Pay Commission. It was held that the petitioners (technicians) were not entitled to the enhanced pay scale since it couldn't be construed as a legally vested right.
Title: LAWYER'S VOICE v. UNION OF INDIA & ORS.
Citation: 2024 LiveLaw (Del) 534
The Delhi High Court on Thursday disposed of a public interest litigation (PIL) to curb circulation of deepfake videos during the ongoing Lok Sabha polls, observing that it cannot pass a direction in the middle of the elections and that the Election Commission of India (ECI) is not remediless and will act on the issue.
A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet PS Arora disposed of the PIL filed by lawyers voice and asked the petitioner to file a comprehensive representation to the ECI during the course of the day.
Case Title: Remy Israni vs R. B. Seth Jessa Ram Hospital And Bros
Citation: 2024 LiveLaw (Del) 535
The Delhi High Court division bench of Justice Rekha Palli and Justice Saurabh Banerjee partially upheld the order of an Industrial Tribunal to allow a Worklady to submit additional documents along with her affidavit of evidence. The bench held that the Industrial Disputes Act, 1947 is a beneficial legislation where the strict timelines under the Commercial Courts Act or the CPC ought not to be applied.
Case Title:M/S Madras Trading Co Vs Ramjeet @ Ramajeet & Anr
Citation: 2024 LiveLaw (Del) 536
The Delhi High Court single bench of Justice Dharmesh Sharma held that Section 30 of the Employees Compensation Act, 1923, which provides for appeals against orders of compensation and other related matters, can only be exercised when the appeal involves a substantial question of law.
Title: SUNNY ALIAS RAVI KUMAR v. STATE OF NCT OF DELHII
Citation: 2024 LiveLaw (Del) 537
The Delhi High Court has observed that no wrongdoing can be attributed if two consenting adults indulge in consensual sexual activity, regardless of their marital status.
“While societal norms dictate that sexual relations should ideally occur within the confines of marriage, no wrongdoing can be attributed if consensual sexual activity occurs between two consenting adults, regardless of their marital status,” Justice Amit Mahajan said.
Title: SUNAYANA SIBAL & ORS. v. GOVERNMENT OF NCT OF DELHI & ORS.
Citation: 2024 LiveLaw (Del) 538
The Delhi High Court has ordered action against the use of spurious Oxytocin hormone in dairy colonies in the national capital and directed that the cases registered be investigated by jurisdictional police stations.
A division bench comprising of Acting Chief Justice Manmohan and Justice Manmeet PS Arora said that administering Oxytocin amounts to animal cruelty and is a cognizable offence under Section 12 of the Prevention of Cruelty to Animals Act, 1960.
Coal Scam: Delhi High Court Orders Renewal Of Ex-MP Vijay Darda's Passport For Three Years
Title: VIJAY DARDA v. CENTRAL BUREAU OF INVESTIGATION
Citation: 2024 LiveLaw (Del) 539
The Delhi High Court has ordered renewal of passport of former Rajya Sabha MP Vijay Darda, convicted in a coal scam case, for a period of three years.
Justice Swarana Kanta Sharma observed that Darda was granted permission on past many occasions to travel abroad and he did not misused the liberty granted to him.
Case Title: National Highways Authority Of India Vs M/S Kcc Buildcon Pvt. Ltd.
Citation: 2024 LiveLaw (Del) 540
The Delhi High Court single bench of Justice Prathiba M. Singh held that making allegations against the Arbitral Tribunal without any basis is contrary to the letter and spirit of the arbitral process.
Case Title: Feroz Ahmed Bhatt Vs State Of Nct Of Delhi & Anr
Citation: 2024 LiveLaw (Del) 541
The Delhi High Court has declined parole to Feroz Ahmed Bhatt, a convicted terrorist who has served over two decades in prison and had applied for temporary release to travel to Jammu and Kashmir.
The court cited concerns that his presence in the region could pose a threat to broader security interests. Despite the convict's request for parole to visit his parents and marry, the court ruled against it. Instead, the court directed the jail superintendent to facilitate a one-time video call between Bhatt and his parents.
Case Name- Dr. Shashi Bhushan Vs. University of Delhi
Citation: 2024 LiveLaw (Del) 542
A single judge bench of the Delhi High Court comprising of Justice Tushar Rao Gedela while deciding a Writ Petition in the case of Dr. Shashi Bhushan Vs. University of Delhi has held that a candidate even in the final selection list does not have an indefeasible right to appointment.
Case Title: Kanchanjunga Building Employees Union Vs Kanchanjunga Flat Owner's Society & Anr
Citation: 2024 LiveLaw (Del) 543
The Delhi High Court single bench of Justice Chandra Dhari Singh held that the onus of proof in establishing an employer-employee relationship rests with the party making such a claim. The High Court dismissed a writ petition filed by certain Workmen hired on a contractual basis, who failed to establish a direct relationship with the Association they were working for.
Transfer, Being An Exigency Of Service, Is Neither A Matter Of Right Nor Choice: Delhi High Court
Case Name- Pawan Kumar Mathuri. vs UOI & Ors
Citation: 2024 LiveLaw (Del) 544
A Division bench of the Delhi High Court comprising of Justice V. Kameswar Rao and Justice Saurabh Banerjee while deciding a Writ Petition in the case of Pawan Kumar Mathuri. vs UOI & Ors. has held that transfer, being an exigency of service, is neither a matter of right nor a matter of choice.
Title: DIRECTORATE OF ENFORCEMENT v. AKHILESH SINGH & ORS.
Citation: 2024 LiveLaw (Del) 545
The Delhi High Court has ruled that once a person is discharged or acquitted from the scheduled offence, the properties attached under the PMLA cannot legally be treated as proceeds of crime or be viewed as property derived or obtained from criminal activity.
