Delhi High Court Weekly Round-Up: October 23 To October 29, 2023

Citations 2023 LiveLaw (Del) 1017 to 2023 LiveLaw (Del) 1032NOMINAL INDEXDr. Neena Raizada v. Medical Council of India through its Secretary & Ors. 2023 LiveLaw (Del) 1017Wills John v. Delhi Development Authority 2023 LiveLaw (Del) 1018The Commissioner Of Income Tax (International Taxation)-1, Delhi Versus M/S Bio-Rad Laboratories (Singapore) Pte. Ltd. 2023 LiveLaw (Del) 1019KAVI VAIDWAN & ORS. v. DELHI SKILL AND ENTREPRENEURSHIP UNIVERSITY & ORS. 2023 LiveLaw (Del) 1020PHONOGRAPHIC PERFORMANCE LIMITED v. GOLA SIZZLERS PRIVATE LIMITED & ORS. and other connected matters 2023 LiveLaw (Del) 1021X v. Y 2023 LiveLaw (Del) 1022Vodafone Idea Limited Versus Union Of India & Ors. 2023 LiveLaw (Del) 1023MISSION SAVE CONSTITUTION v. UNION OF INDIA & ORS. 2023 LiveLaw (Del) 1024SMT. DEEPALI & ANR. v. STATE OF NCT OF DELHI & ANR 2023 LiveLaw (Del) 1025SUNSHINE TEAHOUSE PVT LTD v. GREY MANTRA SOLUTIONS 2023 LiveLaw (Del) 1026INDEPENDENT SCHOOL FEDERATION OF INDIA & ANR. v. THE UNION OF INDIA & ORS. 2023 LiveLaw (Del) 1027Sakshi Rathore and Ors v. Union of India and Ors 2023 LiveLaw (Del) 1028Syngenta Limited v. Controller of Patents and Designs 2023 LiveLaw (Del) 1029WONDER BRICKS Versus PCIT 2023 LiveLaw (Del) 1030Mehra Jewel Palace Pvt Ltd Vs Pr. Commissioner Of Income Tax 2023 LiveLaw (Del) 1031TTK PRESTIGE LTD v. ARJUN RAM & ANR. 2023 LiveLaw (Del) 1032Doctors Issue Medical Certificate Without Examination, Delhi High Court Says Removing Their Name From Medical Council’s Roll Not The Only Leviable PenaltyCase Title: Dr. Neena Raizada v. Medical Council of India through its Secretary & Ors.Citation: 2023 LiveLaw (Del) 1017In a challenge brought against improper issuance of medical certificate by 2 doctors, the Delhi High Court recently held that removing their names from the rolls of Medical Council of India’s register (MCI rolls) was not the only punishment that could be given.Interpreting Regulations 7.7 and 8.2 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, Justice Subramonium Prasad said that removal of a doctor’s name from MCI rolls for issuing improper certificate was only one of the possible punishments, but not the only.After 26 Yrs Of Struggle, Delhi High Court Puts Son In Possession Of Flat Allotted By DDA To His FatherCase Title: Wills John v. Delhi Development AuthorityCitation: 2023 LiveLaw (Del) 1018The Delhi High Court recently quashed DDA’s cancellation order w.r.t. a flat allotted in 1996 and directed that the same be handed over to the allottee’s son (petitioner).While deciding in favour of the petitioner, Justice Jasmeet Singh held that the Authority’s cancellation of the allotment was in violation of principles of natural justice, as no show-cause/termination notice in advance had been served.IT And Admin Services By Singapore Entity To Its Affiliate In India Can’t Be FTS: Delhi High CourtCase Title: The Commissioner Of Income Tax (International Taxation)-1, Delhi Versus M/S Bio-Rad Laboratories (Singapore) Pte. Ltd.Citation: 2023 LiveLaw (Del) 1019The Delhi High Court has held that information technology and other administrative services provided by the respondent or assessee to its affiliate in India could be construed as fees for technical services (FTS).The bench of Justice Rajiv Shakdher and Justice Girish Kathpalia has observed that services offered by the respondent or assessee to its Indian affiliates did not come within the purview of FTS, as reflected in Article 12(4)(b) of the Indo-Singapore DTAA, and concluded that they did not fulfil the criteria of the “make available” principle.Regrettable That Candidates Resort To Malpractices To Succeed In Competitive Exams, Sincere Students Become Victims: Delhi High CourtTitle: KAVI VAIDWAN & ORS. v. DELHI SKILL AND ENTREPRENEURSHIP UNIVERSITY & ORS.Citation: 2023 LiveLaw (Del) 1020The Delhi High Court has observed that it is regrettable that the candidates appearing for competitive examinations have to resort to malpractices and tampering in order to succeed, as a result of which innocent and sincere students become victims of their colleagues’ disorderly conduct.Justice Chandra Dhari Singh said that such situations do not leave the State or its agencies with any other option but to cancel the examination altogether.Copyright Infringement: Delhi High Court Restrains Sandoz, Gola Sizzlers From Playing Sound Recordings Of Phonographic Performance LtdTitle: PHONOGRAPHIC PERFORMANCE LIMITED v. GOLA SIZZLERS PRIVATE LIMITED & ORS. and other connected mattersCitation: 2023 LiveLaw (Del) 1021The Delhi High Court has temporarily restrained Sandoz and Gola Sizzlers from playing the sound recordings of Phonographic Performance Limited in the latter’s suit alleging copyright infringement by the two food outlets.Justice C Hari Shankar observed that a case for grant of ex-parte ad-interim injunction is made out against the two food outlets.The court also bound another food outlet Tim Hortons by the statement made ...

Delhi High Court Weekly Round-Up: October 23 To October 29, 2023

Nupur Thapliyal

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