Delhi High Court Weekly Round-Up: March 27 To April 02, 2023

Citations 2023 LiveLaw (Del) 269 to 2023 LiveLaw (Del) 283NOMINAL INDEXUNION OF INDIA v. ARVIND M KAPOOR AND ANR & other connected matter 2023 LiveLaw (Del) 269 THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA v. THE INSTITUTE OF COST ACCOUNTANTS OF INDIA 2023 LiveLaw (Del) 270 INOX AIR PRODUCTS PVT. LTD. v. AIR LIQUIDE NORTH INDIA PVT. LTD. 2023 LiveLaw (Del) 271 State v. Mohd. Qasim & Ors. 2023 LiveLaw (Del) 272 NTPC Ltd vs. Larsen and Toubro Limited & Anr. 2023 LiveLaw (Del) 273 Azad @ Gourav vs. State of GNCT of Delhi & Anr. 2023 LiveLaw (Del) 274 THE WIRE THROUGH ITS EDITOR & ANR. v. AMITA SINGH 2023 LiveLaw (Del) 275 DELHI AIRPORT METRO EXPRESS PRIVATE LIMITED vs DELHI METRO RAIL CORPORATION LTD 2023 LiveLaw (Del) 276 INTEX TECHNOLOGIES (INDIA) LTD versus TELEFONAKTIEBOLAGET L M ERICSSON (PUBL) 2023 LiveLaw (Del) 277 VIVO MOBILE INDIA PVT. LTD v. DIRECTORATE OF ENFORCEMENT 2023 LiveLaw (Del) 278 OYO Hotels and Homes Private Limited vs Deputy Assistant Commissioner of Income Tax & Anr. 2023 LiveLaw (Del) 279 Goyal Mg Gases Pvt Ltd vs. Panama Infrastructure Developers Pvt Ltd & Ors. 2023 LiveLaw (Del) 280 Commissioner Of Trade And Taxes Versus Corsan Corviam Construction S.A.-Sadbhav Engineering Ltd. Jv 2023 LiveLaw (Del) 281 Sakshi Bahl Versus The Principal Additional Director General 2023 LiveLaw (Del) 282 GTM Builders and Promoters Pvt Ltd vs. Sneh Development Pvt Ltd 2023 LiveLaw (Del) 283Anti Dumping Rules Not Inconsistent With RTI Act, Disclosure Of Confidential Information Can Impact India's Economic Interests: Delhi High CourtTitle: UNION OF INDIA v. ARVIND M KAPOOR AND ANR & other connected matterCitation: 2023 LiveLaw (Del) 269Observing that disclosure of confidential information in anti-dumping proceedings can have a significant impact on country’s economic interest and trade relations, the Delhi High Court has said that same cannot be sought or subjected to disclosure under the Right to Information Act, 2005.Justice Prathiba M Singh observed that when the Anti-Dumping Rules themselves provide an exception to disclosure of information in view of the nature of anti-dumping proceedings, the court cannot allow the RTI applicant to “bypass such a barrier.”“The entire purpose of having a complete and self-sufficient scheme for disclosure of confidential information under the Anti-Dumping Rules would be defeated if persons who are participating in anti-dumping investigation are permitted to tangentially seek information under the RTI Act,” the court said.Delhi High Court Restrains Institute Of Cost Accountants Of India From Using ‘ICAI’ AcronymTitle: THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA v. THE INSTITUTE OF COST ACCOUNTANTS OF INDIACitation: 2023 LiveLaw (Del) 270The Delhi High Court has restrained Institute Of Cost Accountants Of India from using “ICAI” acronym, a trademark which stands registered in favour of Institute of Chartered Accountants of India, for the institution or services provided by it.Justice C Hari Shankar also directed Institute Of Cost Accountants Of India to remove ICAI acronym from all existing web pages and other physical or virtual representations in which it is used, within three months.The court was hearing a suit filed by Institute of Chartered Accountants of India seeking an injunction against Institute of Cost Accountants of India from using the ICAI mark.Recourse To Section 34(4) Of The A&C Act Can’t Be Opted For Consideration Of New Material Evidence: Delhi High CourtCase Title: INOX AIR PRODUCTS PVT. LTD. v. AIR LIQUIDE NORTH INDIA PVT. LTD. Citation: 2023 LiveLaw (Del) 271The Delhi High Court has held that recourse to Section 34(4) of the A&C Act cannot be taken to permit the arbitral tribunal to consider the material evidence which it earlier failed to consider.The bench of Justice Prateek Jalan held that Section 34(4) of the A&C Act empowers the Court deciding an application under Section 34(1) of the Act to adjourn the challenge proceedings and remit the matter back to the arbitral tribunal to allow it to eliminate the ground of the challenge, however, this power can only be exercised to allow the tribunal to provide for gaps in the reasoning or cure any other curable defect, however, it does not extend to allow the tribunal to give a new finding or a fresh decision.No Place For Violent Action To Resist Govt Policy In Democracy: Delhi High Court Frames Charges Against Sharjeel Imam, Others In Jamia Violence CaseTitle: State v. Mohd. Qasim & Ors.Citation: 2023 LiveLaw (Del) 272While framing charges of rioting and unlawful assembly against Sharjeel Imam, Safoora Zargar, Asif Iqbal Tanha and eight others in 2019 Jamia violence case, the Delhi High Court has observed that protest by violent means can never be part of democracy.“Though, in a democracy, there can be no question of dissent being suppressed or fundamental right of freedom of expression by peaceful means being infringed, however, at the same time, there is no place of violent...

Delhi High Court Weekly Round-Up: March 27 To April 02, 2023

Nupur Thapliyal

Tags