Delhi High Court Weekly Round-Up: March 13 To March 19, 2023

Citations 2023 LiveLaw (Del) 226 to 2023 LiveLaw (Del) 252NOMINAL INDEXMS. X THR. HER NATURAL GURADIAN /FATHER AND ANR. 2023 LiveLaw (Del) 226M/s Balaji EXIM vs Commissioner, CGST and Ors. 2023 LiveLaw (Del) 227M/s Kuldeep Kumar Contractor vs. Hindustan Prefab Limited 2023 LiveLaw (Del) 228Social Jurist, A Civil Rights Group v. Bar Council of India & Ors. 2023 LiveLaw (Del) 229A S RAWAT v. DAWA TASHI 2023 LiveLaw (Del) 230Amazing Research Laboratories v. Krishna Pharma 2023 LiveLaw (Del) 231M/s. Modi Construction Company vs. M/s Ircon International Ltd 2023 LiveLaw (Del) 232Zahir Ahmed vs. Government of NCT Of Delhi Through District Magistrate & Ors. 2023 LiveLaw (Del) 233SANJAY MALIK @ SANT SEVAK DAS v. THE STATE & ANR. 2023 LiveLaw (Del) 234Rohit Verma v. NHRC 2023 LiveLaw (Del) 235DR. SUBRMANIAN SWAMY v. UNION OF INDIA & ORS. 2023 LiveLaw (Del) 236Court on Its Own Motion vs. Govt of NCT of Delhi & Ors. 2023 LiveLaw (Del) 237Title: DOLBY INTERNATIONAL AB v. THE ASSISTANT CONTROLLER OF PATENTS AND DESIGNS 2023 LiveLaw (Del) 238MAHAVIR SR. MODEL SCHOOL AND ANR. v. DIRECTORATE OF EDUCATION 2023 LiveLaw (Del) 239Tejashwi Prasad Yadav v. Central Bureau of Investigation 2023 LiveLaw (Del) 240SUPERTECH URBAN HOME BUYERS ASSOCIATION (SUHA) FOUNDATION Vs UNION OF INDIA & ORS 2023 LiveLaw (Del) 241PARNITA KAPOOR & ORS. v. AM 2023 LiveLaw (Del) 242Chadha Motor Transport Company Pvt Ltd vs. Barinderjit Singh Sahni 2023 LiveLaw (Del) 243Prime Interglobe Pvt Ltd vs. Super Milk Products Pvt Ltd 2023 LiveLaw (Del) 244Kewal Krishan Kumar v. ED 2023 LiveLaw (Del) 245PC Commissioner of Income Tax vs. M/s Fish Poultry and Egg Marketing Committee 2023 LiveLaw (Del) 246Ashwini Kumar Upadhyay v. Union of India & Ors. 2023 LiveLaw (Del) 247DELHI AIRPORT METRO EXPRESS PRIVATE LIMITED vs DELHI METRO RAIL CORPORATION LTD 2023 LiveLaw (Del) 248DEVAS EMPLOYEES MAURITIUS PVT. LTD v. ANTRIX CORPORATION LIMITED & ORS 2023 LiveLaw (Del) 249KESHAW SANYASI GAWO SHEWASHARAM v. GOVT OF NCT AND ANR 2023 LiveLaw (Del) 250Bawana Infra Development Pvt Ltd vs. Delhi State Industrial & Infrastructure Development Corporation Limited (DSIIDC) 2023 LiveLaw (Del) 251Yash Deep Builders v. Sushil Kumar Singh 2023 LiveLaw (Del) 252Delhi High Court Allows Minor To Terminate Pregnancy, Even As Father Fails To Come Forward To Sign Consent FormTitle: MS. X THR. HER NATURAL GURADIAN /FATHER AND ANR.Citation: 2023 LiveLaw (Del) 226The Delhi High Court has allowed a 16-year-old minor to undergo medical termination of pregnancy after her father, who had earlier gave consent in the court for the procedure, failed to come forward to fulfil the formality of signing the consent form.Keeping in view the fact that only two or three days were left for the minor to complete 24 weeks of pregnancy, Justice Dinesh Kumar Sharma allowed the Superintendent of Nirmal Chhaya Complex who was appointed as victim’s guardian by the Child Welfare Committee to sign the consent form.The victim was in the custody of Nirmal Chhaya Complex since October 17 last year.Applications For Refund Of ITC Cannot Be Denied On Mere Suspicion: Delhi High CourtCase Title: M/s Balaji EXIM vs Commissioner, CGST and Ors.Citation: 2023 LiveLaw (Del) 227The Delhi High Court has held that applications for refund of Input Tax Credit (ITC) cannot be rejected merely on suspicion and without any cogent material.The division bench of Justice Vibhu Bakhru and Justice Amit Mahajan directed the department to initiate a refund of ITC of Rs. 72,03,961/-based on the goods that the petitioner has exported.A ‘No-Claim Declaration’ Given By Party Would Not Extinguish Its Remedy To Invoke Arbitration: Delhi High CourtCase Title: M/s Kuldeep Kumar Contractor vs. Hindustan Prefab LimitedCitation: 2023 LiveLaw (Del) 228The Delhi High Court has ruled that while dealing with a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 (A&C Act), if the arbitration clause between the parties in the Special Conditions of Contract (SCC), which does not contain the mandate of a pre-arbitral procedure, is claimed to be overridden by another arbitration clause existing in the General Conditions of Contract (GCC), which mandates following a pre-arbitral mechanism, the same must be adjudicated by the Arbitral Tribunal as per the Kompetenz-Kompetenz principle.Representation On Making RTE Act Compulsory Subject In All Law Schools Will Be Looked Into: BCI To Delhi High CourtTitle: Social Jurist, A Civil Rights Group v. Bar Council of India & Ors.Citation: 2023 LiveLaw (Del) 229The Bar Council of India (BCI) told the Delhi High Court that it will look into and decide a representation for making Right of Children to Free and Compulsory Education Act, 2009, or RTE Act, a compulsory subject for students in all law schools, within a reasonable time.A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad disposed of a public interest litigation moved by NGO Social Jurist after the...

Delhi High Court Weekly Round-Up: March 13 To March 19, 2023

Nupur Thapliyal

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