Delhi High Court Weekly Round-Up: October 02 To October 08, 2023

Citations 2023 LiveLaw (Del) 917 to 2023 LiveLaw (Del) 933

NOMINAL INDEX

PCIT Versus Pepsico India Holding Pvt. Ltd. 2023 LiveLaw (Del) 917

ADITYA N PRASAD v. GOVERNMENT OF NCT OF DELHI & ORS. 2023 LiveLaw (Del) 918

DOMINOS IP HOLDER LLC & ANR. v. MS DOMINICK PIZZA & ANR. 2023 LiveLaw (Del) 919

SUBHASHINI RATAN & ORS. vs LEGISLATIVE ASSEMBLY SECRETARIAT NCT OF DELHI & ORS. 2023 LiveLaw (Del) 920

DIVYAM AGGARWAL v. UNION OF INDIA & ANR m2023 LiveLaw (Del) 921

Shelly Oberoi v. Union of India 2023 LiveLaw (Del) 922

Abhishek SIngh v. Hon'ble High Court of Delhi 2023 LiveLaw (Del) 923

Sudershan Kumar Bhayana (Deceased) v. Vinod Seth (Deceased) 2023 LiveLaw (Del) 924

Harshita Gandhi v. Nimit Gandhi 2023 LiveLaw (Del) 925

SHRI RAMLEELA COMMITTE JANAKPURI & ANR. v. RISHU KANT SHARMA & ORS. 2023 LiveLaw (Del) 926

TARUN NARANG v. STATE (GOVT. OF NCT OF DELHI) AND ORS. 2023 LiveLaw (Del) 927

Pankaj Kumar Sharma v. GNCTD & Ors. 2023 LiveLaw (Del) 928

PRASHANT REDDY T v. CPIO, UNIQUE IDENTIFICATION AUTHORITY OF INDIA 2023 LiveLaw (Del) 929

STAR INDIA PVT LTD & ANR. v. YODESISERIAL.SU & ORS 2023 LiveLaw (Del) 930

AAKASH GOEL v. DEPARTMENT OF SOCIAL WELFARE DELHI GOVT and other connected matter 2023 LiveLaw (Del) 931

X v. Y 2023 LiveLaw (Del) 932

FRESH FRUIT FLOWERS AND VEGETABLES TRADERS ASSOCIATION v. DIRECTORATE GENERAL OF FOREIGN TRADE & ANR. 2023 LiveLaw (Del) 933

EPF Contribution Paid Next Day After National Holiday, Delhi High Court Allows Deduction As Due Fell On National Holiday

Case Title: PCIT Versus Pepsico India Holding Pvt. Ltd.

Citation: 2023 LiveLaw (Del) 917

The Delhi High Court has allowed the deduction for the employee’s contribution towards the provident fund as the due date fell on a national holiday.

The bench of Justice Rajiv Shakdher and Justice Girish Kathpalia has observed that since the due date fell on a date that was a national holiday, the deposit could have been made by the respondent or assessee only on the date that followed the national holiday.

Display 'Environmental Cost' Of Projects At Construction Sites: Delhi High Court To Centre

Title: ADITYA N PRASAD v. GOVERNMENT OF NCT OF DELHI & ORS.

Citation: 2023 LiveLaw (Del) 918

The Delhi High Court has directed the Union Government to ensure that the environmental cost of all projects, including the number of trees that are felled and location of compensatory plantation, is displayed at the construction sites.

Justice Subramonium Prasad said that an officer not less than the rank of Joint Secretary in the Union Ministry of Urban Development should be made responsible to ensure compliance of the direction.

[Trademark Infringement] Higher Degree Of Caution Required Where Marks Pertain To Food Items Or Eateries: Delhi High Court

Title: DOMINOS IP HOLDER LLC & ANR. v. MS DOMINICK PIZZA & ANR.

Citation: 2023 LiveLaw (Del) 919

The Delhi High Court has observed that where the trademarks in a suit pertain to food items or eateries where food items are served, a “higher degree of care and caution” is to be observed.

Observing that running an eating house using a mark which is deceptively similar to a reputed mark does not speak well for the enterprise concerned, Justice C Hari Shankar said:

“The intent to capitalise on the reputation of a known and established brand, by using a mark which is deceptively similar to the mark used by the brand, can, in a given case, give rise to a legitimate apprehension of quality compromise by the imitator. Courts have, therefore, to be vigilant in ensuring that, where the marks relate to consumable items or to enterprises such as hotels, restaurants and eating houses where consumable items are served to customers, such imitative attempts are not allowed to go unchecked.”

Delhi High Court Vacates Stay On Termination Of Delhi Assembly Fellows

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

Citation: 2023 LiveLaw (Del) 920

The Delhi High Court on Tuesday vacated its interim order staying the decision of the Delhi Legislative Assembly Secretariat disengaging the services of Fellows and Associate Fellows under the Delhi Assembly Research Centre Fellowship Programme.

Justice Subramonium Prasad noted that the Supreme Court in July had refused to stay the operation of the letter issued by Delhi Government’s Services Department directing the disengagement of the Fellows and Associate Fellows.

Delhi High Court Dismisses Plea Seeking Ban On Display Of ‘Gross Images’ In Anti-Tobacco Ads In Cinemas, OTT Platforms

Case Title: DIVYAM AGGARWAL v. UNION OF INDIA & ANR

Citation: 2023 LiveLaw (Del) 921

The Delhi High Court has dismissed a petition seeking prohibition on the display of anti-tobacco health spots containing “graphic or gross images” during films in cinemas, TV or OTT platforms.

Justice Subramonium Prasad observed that the graphic description given in the Government issued advertisements are meant to be “eye-openers for the people” to not use tobacco and tobacco products and therefore, is in public interest.

Delhi Mayor Shelly Oberoi Gets Political Clearance To Travel Abroad; High Court Disposes Plea

Title: Shelly Oberoi v. Union of India

Citation: 2023 LiveLaw (Del) 922

Delhi Mayor Shelly Oberoi informed the Delhi High Court that she has been granted political clearance by the Union Government for her visit to Brisbane to attend a conference.

Noting that the grievance no longer survives, Justice Subramonium Prasad disposed of the plea upon being informed of the clearance.

Oberoi had sought permission to attend the 2023 Asia Pacific Cities Summit and Mayor's Forum in Brisbane. The event is scheduled to take place between October 11 and 13.

[DJHS 2023] No Requirement That Question Must Refer To Statute On Which It Is Based, Clues Sufficient: Delhi High Court Rejects Candidate’s Plea

Title: Abhishek SIngh v. Hon'ble High Court of Delhi

Citation: 2023 LiveLaw (Del) 923

While dismissing a plea moved by a candidate who appeared in Delhi Judicial Higher Services Preliminary examination 2023, the Delhi High Court has said that there is no requirement that a question asked in the exam must refer to the statute on which it is based.

A division bench of Justice Vibhu Bakhru and Justice Amit Mahajan said that it is sufficient that the question contains clues so as to enable an examinee to select the correct option.

Award On Damages Cannot Be Sustained Just On Penalty Clause In Agreement: Delhi High Court

Case Title: Sudershan Kumar Bhayana (Deceased) v. Vinod Seth (Deceased)

Citation: 2023 LiveLaw (Del) 924

The Delhi High Court has held that an award of damages based on no evidence of loss cannot be sustained on the basis of a penalty clause in the agreement.

The bench of Justices Vibhu Bakhru and Amit Mahajan held that mere presence of a clause providing for liquidated damages does not dispense with the requirement of proof of loss from a party claiming damages.

Delhi High Court Expresses Regret To Retired Judge For 'Agony' She Suffered After Appointment As Local Commissioner In Matrimonial Dispute

Title: Harshita Gandhi v. Nimit Gandhi

Citation: 2023 LiveLaw (Del) 925

The Delhi High Court has expressed regret to a retired Principal and Sessions Judge who was appointed by it as a local commissioner in a matrimonial dispute for the agony caused to her during the appointment.

Justice Navin Chawla observed that the wife was making a mockery of the court system by first seeking substitution of the Local Commissioner initially appointed by the family court and later making allegations against the substitute Local Commissioner appointed by the High Court as well.

Fresh Air Lifeline For Survival But Socio-Cultural Activities Equally Essential: Delhi High Court Permits Dussehra Mela On Janakpuri Ground

Case Title: SHRI RAMLEELA COMMITTE JANAKPURI & ANR. v. RISHU KANT SHARMA & ORS.

Citation: 2023 LiveLaw (Del) 926

The Delhi High Court on Thursday permitted hosting of Dussehra Mela in the District Park, Janakpuri while directing the organizers to ensure that no damage or harm be done to the ground’s green cover or trees already in existence.

A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna permitted Shri Ram Leela Committee, Janakpuri to host the Dussehra or Ramleela celebrations on the ground for the current year from today till October 30.

Court-Monitored Probe Is A Significant Measure, Can’t Be Employed Routinely: Delhi High Court

Title: TARUN NARANG v. STATE (GOVT. OF NCT OF DELHI) AND ORS.

Citation: 2023 LiveLaw (Del) 927

The Delhi High Court has observed that a court-monitored investigation is a significant measure which is invoked in cases of “palpable sense of governmental neglect or oversight” and should not be employed routinely or without just cause.

“We must preserve its weight for situations where the state appears either ignorant or non-cognizant of issues. Resorting to such an investigation without substantial reasoning could inadvertently diminish its efficacy,” a division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula said.

Delhi High Court Orders ₹50K Compensation To Man Illegally Detained For Half An Hour, Criticises Delhi Police's "High-Handedness"

Title: Pankaj Kumar Sharma v. GNCTD & Ors.

Citation: 2023 LiveLaw (Del) 928

The Delhi High Court has ordered compensation of Rs. 50,000 to a man who was illegally detained for about “half an hour” in a Delhi Police’s lockup “for no rhyme or reason” and said that a meaningful message must be sent to the authorities that police officers cannot be law unto themselves.

Justice Subramonium Prasad directed that the compensation amount be recovered from salaries of two erring Sub-Inspectors of Badarpur Police Station who brought the man and placed him in the lockup.

Details Of Agreements Between UIDAI And External Organizations Handling Its Grievance Redressal Mechanism Can Be Given Under RTI Act: Delhi HC

Title: PRASHANT REDDY T v. CPIO, UNIQUE IDENTIFICATION AUTHORITY OF INDIA

Citation:2023 LiveLaw (Del) 929

The Delhi High Court has ruled that details of the agreements entered into between the Unique Identification Authority of India (UIDAI) with external organisations engaged in handling the grievance redressal mechanism of the statutory body can be provided under the Right to Information Act, 2005.

Justice Subramonium Prasad added that the details pertaining to non-disclosure agreements entered into with the personnel and individuals who will be covered under the said agreement will however be exempted.

Delhi High Court Permanently Restrains Rogue Websites From Illegally Streaming Shows, Films Broadcasted On Disney Hotstar

Title: STAR INDIA PVT LTD & ANR. v. YODESISERIAL.SU & ORS

Citation:2023 LiveLaw (Del) 930

The Delhi High Court has permanently restrained 50 rogue websites from illegally streaming various television shows, TV series and movies broadcasted on OTT platform Disney plus Hotstar.

Justice C Hari Shankar observed that prima facie, exclusive rights to stream or telecast the content contained in the 26 shows and films vests in the platform and not others.

The court was hearing a suit moved by Star India Private Limited and Disney Plus Hotstar against the rogue websites alleging that they were engaged in piracy of their copyrighted content.

High Court Asks Delhi Govt To Review Cap On Beneficiaries Under Old Age Assistance Rules, Relook At Eligibility Criteria Of 1 Lakh Family Income

Title: AAKASH GOEL v. DEPARTMENT OF SOCIAL WELFARE DELHI GOVT and other connected matter

Citation:2023 LiveLaw (Del) 931

The Delhi High Court has directed the Delhi Government to conduct an exhaustive review of the existing cap on the beneficiaries under the Old Age Assistance Rules, 2009, taking into account the contemporary socio-economic conditions and the emerging needs of the elderly population.

A division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula also directed the government to relook at the eligibility criteria of annual family income of Rs. 1 lakh per annum which is one of the eligibility conditions for the applicants to receive the financial aid under the Rules.

Deprivation Of Conjugal Relationship ‘Extreme Cruelty’: Delhi High Court Allows Husband's Plea For Divorce

Case Title: X v. Y

Citation:2023 LiveLaw (Del) 932

The Delhi High Court has observed that for a married couple to be deprived of the conjugal relationship and of each other’s company is an act of extreme cruelty.

A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna upheld a family court order granting divorce to a husband under Section 13 (1)(ia) of the Hindu Marriage Act, 1956, on the ground of cruelty by wife.

Restricting Cut Flowers Import To Chennai Airport Aims To Fortify Nation's Bio-Security, Not Discriminatory Against Delhi Traders: Delhi High Court

Title: FRESH FRUIT FLOWERS AND VEGETABLES TRADERS ASSOCIATION v. DIRECTORATE GENERAL OF FOREIGN TRADE & ANR.

Citation:2023 LiveLaw (Del) 933

The Delhi High Court has upheld a notification issued by the Union Government’s Directorate General of Foreign Trade in 2020 prohibiting importation of a variety of cut flowers into India through all airports, except Chennai airport.

A division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula said that the notification does not arbitrarily discriminates against flower traders in the Delhi-NCR region but rather aims to fortify the nation’s bio-security.