Delhi High Court Weekly Round-Up: June 19 To June 25

Citations 2023 LiveLaw (Del) 522 to 2023 LiveLaw (Del) 528NOMINAL INDEXSachin @ Joginder Singh v. State Govt Of NCT Of Delhi & Ors. 2023 LiveLaw (Del) 522Shah Alam v. NCT Delhi 2023 LiveLaw (Del) 523MoolChand Kharaiti Ram Hospital & Ayurvedic Research institute v. Workers & Ors. 2023 LiveLaw (Del) 524SPP Food Products Pvt Ltd vs India Overseas Co 2023 LiveLaw (Del) 525VODAFONE MAURITIUS LIMITED Versus ACIT 2023 LiveLaw (Del) 526New India Assurance Co Ltd. v. Himanshu Sharma & Ors. 2023 LiveLaw (Del) 527Babu Lal Bhawariya v. State Of NCT Delhi 2023 LiveLaw (Del) 528Plant 10 Trees, File Status Report With Photos Every Year For A Decade: Delhi High Court's Condition For Quashing FIR Related To AltercationCase Title: Sachin @ Joginder Singh v. State Govt Of NCT Of Delhi & Ors.Citation: 2023 LiveLaw (Del) 522Quashing an FIR related to an altercation, the Delhi High Court directed the accused to plant 10 trees each of indigenous variety in the vicinity of their residence, in consultation with the Investigating Officer.Justice Jasmeet Singh asked the IO to get in touch with the concerned Horticulture Department of the MCD and indicate the area, where the trees are to be planted. "The trees need not be in one cluster but can be in parks, boundary walls etc, wherever the concerned department deems it fit and proper. The plantation process shall be carried out within 4 weeks," said the court.The FIR was registered Sections 308, 452, 341, 506, 323 and 34 IPC, and has been quashed after the parties compromised the matter.Imprisonment At Trial Stage Cannot Be Prolonged Only For Teaching Accused A Lesson: Delhi High Court Grants Bail To Accused In Kidnapping CaseCase Title: Shah Alam v. NCT DelhiCitation: 2023 LiveLaw (Del) 523Granting bail to an accused in a case of kidnapping for ransom after a custody of almost two years and nine months, the Delhi High Court said that at the stage of the trial, imprisonment cannot be prolonged only for the purpose of teaching the accused a lesson.Justice Vikas Mahajan said it is trite that the seriousness of an offence is not the only criteria for denial of bail."A person who has not been convicted should only be kept in custody, if there is a possibility that he or she might abscond or tamper with evidence or threaten the witness. Merely because the offence is of a serious nature, cannot be the ground to curtail the personal liberty of an under trial for an indefinite period," said the court.Enterprise Being Run On Commercial Lines Involving Generation Of Profit Cannot Escape Liability Under Payment Of Bonus Act: Delhi High CourtCase Title: MoolChand Kharaiti Ram Hospital & Ayurvedic Research institute v. Workers & Ors.Citation: 2023 LiveLaw (Del) 524Observing that an enterprise being run on commercial lines cannot escape liability under Payment of Bonus Act, the Delhi High Court recently upheld a single judge bench’s decision of upholding Industrial Tribunal Award to pay bonus for the year 1997-98 to the workers of Moolchand Kharaiti Ram Hospital & Ayurvedic Research Institute.“If an enterprise is being run on commercial lines involving generation of profit then it cannot escape liability under the Act by contending that it was not established for the purpose of profit,” said the division bench of Justice Najmi Waziri and Justice Sudhir Kumar Jain.Process Of Court Cannot Be Utilized For Gathering Information About Whereabouts Of Judgment Debtor: Delhi High CourtCase Title: SPP Food Products Pvt Ltd vs India Overseas CoCitation: 2023 LiveLaw (Del) 525The Delhi High Court has ruled that the process of the court cannot be utilized for the purpose of gathering information as to the whereabouts or other information in respect of the judgment debtor.The court said it is the primary obligation of the decree holder itself to obtain such information from wherever it is possible.The bench of Justice Tushar Rao Gedela made the observations while dismissing a petition challenging the order of the trial court that had rejected the application filed by decree holder, SPP Food Products Pvt Ltd, in the execution proceedings initiated against the judgment debtor, India Overseas Co.Delhi High Court Directs AO To Provide Information To Vodafone Mauritius To Drive Out The Validity Of TRCCase Title: VODAFONE MAURITIUS LIMITED Versus ACITCitation: 2023 LiveLaw (Del) 526The Delhi High Court has directed the AO to provide information to Vodafone Mauritius to determine the validity of the Tax Residency Certificate (TRC).The bench of Justice Rajiv Shakdher and Justice Girish Kathpalia has observed that nothing in the form of information or material has been put to the petitioner, which would conclude that the TRC issued to the petitioner was not a viable document in law.The petitioner has challenged the order and notice passed by the Assessing Officer without regard to the Tax Residency Certificate (TRC) issued in its favour.Delhi High Court Orders Plantation Of At least 10,000 Trees To Utilise Money...

Delhi High Court Weekly Round-Up: June 19 To June 25

Nupur Thapliyal

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