Delhi High Court Weekly Round-Up: February 17 To February 23, 2025

Citations 2025 LiveLaw (Del) 190 to 2025 LiveLaw (Del) 219

NOMINAL INDEX

DR. B.K. TIWARI ADVISER (NUTRITION) verus UNION OF INDIA & ANR 2025 LiveLaw (Del) 190

Gor Sharian v. The Commissioner Of Customs 2025 LiveLaw (Del) 191

Principal Commissioner, Central Tax Commissionerate, Gst Delhi West v. M/S Alkarma 2025 LiveLaw (Del) 192

JAN CHETNA JAGRITI AVOM SHAIKSHANIK VIKAS MANCH & ORS v. SH ANAND RAJ JHAWAR SOLE PROPRIETOR OF M/S RR AGROTECH 2025 LiveLaw (Del) 193

Dixon Technologies (India) Limited vs. M/s Jaiico & Anr. 2025 LiveLaw (Del) 194

UNION OF INDIA & ORS versus CHAND SINGH 2025 LiveLaw (Del) 195

Commissioner Of Income Tax International Tax- 1 New Delhi v. M/S Expeditors International Of Washington Inc 2025 LiveLaw (Del) 196

STATE v. HITESH 2025 LiveLaw (Del) 197

SHOBHIN BALI v. REGISTRAR GENERAL DELHI HIGH COURT 2025 LiveLaw (Del) 198

Munish Kumar Gaur vs. Govt Of Nct Of Delhi & Ors 2025 LiveLaw (Del) 199

News Laundry Media Pvt. Ltd. & Anr. v. Galaxy Zoom India Pvt. Ltd. and Anr 2025 LiveLaw (Del) 200

SAMMAAN FINSERV LIMITED v. SVAMAAN FINANCIAL SERVICES PRIVATE LIMITED & ORS. 2025 LiveLaw (Del) 201

Union of India v. Reliance Industries Limited & Ors. 2025 LiveLaw (Del) 202

ZAHOOR AHMAD PEER v. NIA 2025 LiveLaw (Del) 203

DELHI COMMISSION FOR WOMEN v. STATE OF NCT DELHI & ORS. 2025 LiveLaw (Del) 204

TATA POWER SOLAR SYSTEMS LIMITED & ANR VS. WWW.TATAPOWERSOLARDEALERSHIP.CO.IN & ORS. 2025 LiveLaw (Del) 205

HOUSE OF MASABA LIFESTYLE PRIVATE LIMITED VS. MASABACOUTUREOFFICIAL.CO & ORS. 2025 LiveLaw (Del) 206

THOKCHOM SHYAMJAI SINGH & ORS v. UNION OF INDIA THROUGH HOME SECRETARY & ORS 2025 LiveLaw (Del) 207

Sonu vs. CBI 2025 LiveLaw (Del) 208

RELIANCE RETAIL LTD VS. YOUSTAFRANCHISE.NET & ORS. 2025 LiveLaw (Del) 209

Pragati Construction Consultants v. Union of India and Ors. 2025 LiveLaw (Del) 210

Vivo Mobile India Private Limited v. Assistant Commissioner Of Income Tax & Anr. 2025 LiveLaw (Del) 211

Renewflex Recycling vs. Facilitation Centre Rohini Courts & Ors 2025 LiveLaw (Del) 212

Tilak Raj Singh v. Union Of India And Ors 2025 LiveLaw (Del) 213

MOHD. DANISH v. STATE (NCT OF DELHI) & ANR. 2025 LiveLaw (Del) 214

MR MIRZA AURANGZEB v. ARCHAEOLOGICAL SURVEY OF INDIA & ORS 2025 LiveLaw (Del) 215

LALIT SHARMA AND ORS v. UNION OF INDIA AND ORS. 2025 LiveLaw (Del) 216

SAVE INDIA FOUNDATION v. DEPARTMENT OF FOREST AND WILDLIFE & ORS. 2025 LiveLaw (Del) 217

CHIEF SECRETARY GOVT OF WEST BENGAL v. VAIBHAV BANGAR & ORS. 2025 LiveLaw (Del) 218

Unison Hotels Pvt Ltd v. KNM Chemicals Pvt Ltd 2025 LiveLaw (Del) 219

'Courts Can't Interfere In Executive Function Of Pay Commission, Delhi High Court Dismisses Petition Claiming Pay Parity

Case Title: DR. B.K. TIWARI ADVISER (NUTRITION) verus UNION OF INDIA & ANR

Citation: 2025 LiveLaw (Del) 190

A Division Bench of the Delhi High Court comprising Justices C Hari Shankar and Ajay Digpaul held that the Petitioner who was an Advisor (Nutrition) could not be granted the same salary as that of the Advisor (Ayurveda) and Advisor (Homeopathy). The Bench held that since the posts were different, it could not be expected that the nature of duties performed by the employees could be the same and therefore, granting the petitioner the pay scale which was at par with the other posts would not be possible. The Bench further ruled that matters falling within the province of expert bodies like Pay Commission could not be interfered with by courts.

Customs Department Must Intimate Party About Disposal Of Confiscated Property Both Via Email And On Mobile: Delhi High Court

Case title: Gor Sharian v. The Commissioner Of Customs

Citation: 2025 LiveLaw (Del) 191

The Delhi High Court has held that the Customs Department must ensure that the intimation of disposal of detained or confiscated property is given to the concerned party both via email as also the mobile number.

Quashing Of Show Cause Notice On One Issue Doesn't Mean Other Demands Are Not Liable To Be Adjudicated: Delhi High Court

Case title: Principal Commissioner, Central Tax Commissionerate, Gst Delhi West v. M/S Alkarma

Citation: 2025 LiveLaw (Del) 192

The Delhi High Court has made it clear that if a show cause notice is quashed by a higher authority on one issue, it doesn't mean that other issues raised in the SCN are not liable to be adjudicated.

The observation was made by the bench of Justices Prathiba M. Singh and Dharmesh Sharma in a case where the SCN was quashed by another division bench of the High Court so far as the issue relating to duty on free supply of materials was concerned. However, the CESTAT proceeded to discharge the entire SCN.

Educated Litigant Must Keep Track Of Litigation, Duty Doesn't End Merely By Signing Lawyer's Fee Cheque: Delhi High Court

Title: JAN CHETNA JAGRITI AVOM SHAIKSHANIK VIKAS MANCH & ORS v. SH ANAND RAJ JHAWAR SOLE PROPRIETOR OF M/S RR AGROTECH

Citation: 2025 LiveLaw (Del) 193

The Delhi High Court has said that an educated litigant must keep track of his litigation and that his duty does not end merely by signing the lawyer's fee cheque.

“An educated urban litigant cannot claim same protection of this rule as extended to an uneducated rustic litigant in the sense that where the latter completely banks upon his counsel and fails to keep a track of his litigation, it is understandable, but it is not understandable where the former does so.”

Delhi High Court Re-Affirms Discretion Of Arbitral Tribunal To Implead 'Non-Signatory' As 'Necessary Party' In Arbitration Proceedings

Case Title: Dixon Technologies (India) Limited vs. M/s Jaiico & Anr.

Citation: 2025 LiveLaw (Del) 194

The Delhi High Court bench of Justice Subramonium Prasad has reaffirmed that an Arbitral Tribunal has the authority to implead non-signatories to an arbitration, provided they are deemed 'necessary parties' to the proceedings.

Courts Must Examine Judgments Of Acquittal Holistically To Arrive At Conclusion, Delhi High Court Sets Aside Judgment Of CAT

Case Title: UNION OF INDIA & ORS versus CHAND SINGH

Citation: 2025 LiveLaw (Del) 195

A Division Bench of the Delhi High Court comprising Justices C Hari Shankar and Ajay Digpaul set aside the judgment of the Central Administrative Tribunal by which the order of cancellation of the Respondent was quashed. The Bench noted that the order of cancellation was set aside on the basis of the Respondent having disclosed the pendency of the criminal case against him while applying for appointment. However, the Tribunal had not examined whether it was an honourable acquittal which stood as the main issue before the Tribunal in determining if the cancellation of appointment was just and fair.

Income Tax Act | 'Fee For Technical Services' Means Transfer Of 'Specialised'/ 'Distinctive' Knowledge Or Skill By Service Provider: Delhi HC

Case title: Commissioner Of Income Tax International Tax- 1 New Delhi v. M/S Expeditors International Of Washington Inc

Citation: 2025 LiveLaw (Del) 196

The Delhi High Court has held that Fee for Technical Services (FTS) as contained under Section 9(1)(vii) of the Income Tax Act, 1961 is concerned with the transfer of 'distinctive', 'specialized' knowledge, skill, expertise and know-how by a service provider.

Adolescents Should Be Allowed To Have Romantic Relationships Without Fear Of Criminalization: Delhi High Court In POCSO Case

Title: STATE v. HITESH

Citation: 2025 LiveLaw (Del) 197

While dealing with a POCSO case, the Delhi High has observed that adolescents should be allowed to engage in romantic and consensual relationships without the fear of criminalization.

DJS 2023: Delhi High Court Rejects Plea To Issue Fresh List For Viva Voce

Title: SHOBHIN BALI v. REGISTRAR GENERAL DELHI HIGH COURT

Citation: 2025 LiveLaw (Del) 198

The Delhi High Court has dismissed a petition seeking issuance of fresh or revised list of shortlisted candidates for viva voce for Delhi Judicial Service Examination, 2023.

A division bench comprising Justice Navin Chawla and Justice Shalinder Kaur dismissed the plea filed by a candidate- Shobhin Bali, while refusing to interfere with the results declared for the Mains examination.

Only Apprehension, No Empirical Data: Delhi HC Closes PIL For CBI Probe Into Alleged Fraud By Building & Construction Workers Welfare Board

Case title: Munish Kumar Gaur vs. Govt Of Nct Of Delhi & Ors

Citation: 2025 LiveLaw (Del) 199

The Delhi High Court has closed a PIL that sought a CBI investigation into alleged irregularities and fraud committed by the officers of Delhi Building and Other Construction Workers Welfare Board in connivance with political parties, where funds were allegedly siphoned off under the guise of providing allowance to construction workers.

Defamation: Delhi High Court Directs Karma News To Take Down Article Accusing Organizers Of 'Cutting South' Event Of 'Distorting' India's Map

Title: News Laundry Media Pvt. Ltd. & Anr. v. Galaxy Zoom India Pvt. Ltd. and Anr

Citation: 2025 LiveLaw (Del) 200

The Delhi High Court has directed Karma News, a Kerala-based news channel, to take down an article on “Cutting South 2023” event accusing media outlet Newslaundry and other organizers of the programme of “corruption” and “distorting the map of India.”

Delhi High Court Stays Injunction Against Samman Capital In Trademark Case By Svamaan Financial Services

Title: SAMMAAN FINSERV LIMITED v. SVAMAAN FINANCIAL SERVICES PRIVATE LIMITED & ORS.

Citation: 2025 LiveLaw (Del) 201

The Delhi High Court has stayed the operation of a single bench's order that temporarily restrained Sammaan Capital Limited from using 'SAMMAAN' mark in a trademark infringement plea moved by Svamaan Financial Services Private Limited, a non-banking finance company (NBFC) providing microfinance loans.

Violates Public Trust Doctrine: Delhi HC Sets Aside Tribunal's Award Allowing RIL To Explore 'Migrated Gas' Without Express Permission

Case Title: Union of India v. Reliance Industries Limited & Ors.

Citation: 2025 LiveLaw (Del) 202

A Division Bench of the Delhi High Court, comprising of Justice Rekha Palli and Justice Saurabh Banerjee, while hearing an appeal under Section 37 of the A&C Act, set aside an arbitral award in favour of Reliance Industries Limited(RIL).

[UAPA] Harbouring Terrorists Provides Them 'Veil Of Secrecy', Creates 'Safe Havens' Endangering Citizens' Security: Delhi High Court

Title: ZAHOOR AHMAD PEER v. NIA

Citation: 2025 LiveLaw (Del) 203

Underscoring that harbouring terrorists is a serious offence under UAPA, the Delhi High Court has said that such an act creates “safe havens” for terrorists and provides them a “veil of secrecy” which endangers the life and security of the citizens.

Delhi High Court Refuses To Quash 2016 FIR Against Former DCW Chief Swati Maliwal For 'Naming' 14-Yr-Old Rape Victim

Title: DELHI COMMISSION FOR WOMEN v. STATE OF NCT DELHI & ORS.

Citation: 2025 LiveLaw (Del) 204

The Delhi High Court has refused to quash FIR registered in 2016 against Rajya Sabha MP and former Delhi Commission for Women (DCW) Chief for allegedly revealing the identity of a 14-year-old rape victim.

The minor girl had died in a hospital here after a neighbour allegedly raped her repeatedly in city's Burari area in 2016. As per the FIR, the minor was forced a corrosive substance down her throat which damaged her internal organs.

Delhi High Court Injuncts Imposter Domain Names From Infringing Trademark Of Tata Power Solar Systems Ltd

Case Title: TATA POWER SOLAR SYSTEMS LIMITED & ANR VS. WWW.TATAPOWERSOLARDEALERSHIP.CO.IN & ORS.

Citation: 2025 LiveLaw (Del) 205

The Delhi High Court has issued a permanent injunction in favour of Tata Power Solar Systems Limited, restraining several registrants of domain names from using the domain names and email addresses infringing upon the trademark of the company.

Delhi High Court Temporarily Restrains Instagram Handles From Infringing House Of Masaba's Trademarks

Case Title: HOUSE OF MASABA LIFESTYLE PRIVATE LIMITED VS. MASABACOUTUREOFFICIAL.CO & ORS.

Citation: 2025 LiveLaw (Del) 206

The Delhi High Court has issued a temporary injunction in favour of fashion designer Masaba Gupta's brand House Of Masaba Lifestyle Private Limited, against trademark infringement of its 'Masaba' and 'House of Masaba' marks by certain Instagram pages/handles.

Mandate Of Serving Grounds Of Arrest In Writing Under UAPA Applies To Arrests From Date Of SC's Pankaj Bansal Ruling: Delhi High Court

Title: THOKCHOM SHYAMJAI SINGH & ORS v. UNION OF INDIA THROUGH HOME SECRETARY & ORS

Citation: 2025 LiveLaw (Del) 207

The Delhi High Court has ruled that the mandate of serving grounds of arrest in writing to an arrestee under UAPA will apply to arrests from the date of pronouncement of Supreme Court ruling in Pankaj Bansal case delivered on October 03, 2023, and not from the date of pronouncement of subsequent decision in Prabir Purkayastha case.

S.173(8) CrPC Inapplicable To Additional Document Already Part Of Record In Incomplete Form, Without Introducing New Allegations: Delhi HC

Case title: Sonu vs. CBI

Citation: 2025 LiveLaw (Del) 208

While upholding the Trial Court's order allowing the prosecution to introduce an additional document, the Delhi High Court has observed that the introduction of the document, which was already a part of the record in an incomplete form and did not introduce any new facts or allegations, did not amount to placing 'fresh evidence'. The Court stated that introducing the additional document was a 'rectification' and thus compliance with Section 173(8) of the CrPC, requiring a supplementary chargesheet, was not necessary.

Delhi HC Restrains Rogue Websites From Infringing Trademark Of Reliance's 'YOUSTA' Fashion Brand, Orders Blocking Of Social Media Accounts

Case title: RELIANCE RETAIL LTD VS. YOUSTAFRANCHISE.NET & ORS.

Citation: 2025 LiveLaw (Del) 209

The Delhi High Court has granted an ex-parte ad-interim injunction in favour of Reliance Retail Ltd, restraining several rogue websites and social media accounts from infringing the trademark of its 'Yousta' fashion brand.

Failure To Attach Impugned Arbitral Award Along With Section 34 Application Would Render Filing Non-Est: Delhi High Court

Case Title: Pragati Construction Consultants v. Union of India and Ors.

Citation: 2025 LiveLaw (Del) 210

A full bench of Delhi High Court comprising of Justice Rekha Palli, Justice Navin Chawla and Justice Saurabh Banerjee while hearing a reference made by a single judge bench in Pragati Construction Consultants v. Union of India [FAO(OS)(COMM) 70/2024] held that if the party challenging an award u/s 34 of the A&C Act does not attach the impugned arbitral award with the Section 34 application, the filing will be considered "non-est." The Court further held that the filing of the arbitral award along with the Section 34 application is an essential requirement.

AO Becomes 'Functus Officio' After Closure Of Assessment, Must Put Relevant Incriminating Material To Assessee To Re-Confer Jurisdiction: Delhi HC

Case title: Vivo Mobile India Private Limited v. Assistant Commissioner Of Income Tax & Anr.

Citation: 2025 LiveLaw (Del) 211

The Delhi High Court has made it clear that after the closure of assessment proceedings, the Assessing Officer becomes 'functus officio' and to re-confer jurisdiction upon the AO to initiate re-assessment proceedings, relevant incriminating material ought to be put to the assessee.

Sending Legal Notice Or Mediation Request Doesn't Satisfy Section 12A Of Commercial Courts Act Mandating Mediation: Delhi High Court

Case title: Renewflex Recycling vs. Facilitation Centre Rohini Courts & Ors

Citation: 2025 LiveLaw (Del) 212

The Delhi High Court has observed that sending a legal notice or mediation request to a party cannot be considered as a 'compliance' of Section 12A of the Commercial Courts Act, 2015, which mandates mediation before the institution of a commercial suit.

Central Govt Employee Cannot Change Destination Midway While Claiming Leave Travel Concession: Delhi High Court

Case title: Tilak Raj Singh v. Union Of India And Ors

Citation: 2025 LiveLaw (Del) 213

The Delhi High Court has made it clear that in terms of the Central Civil Services (Leave Travel Concession) Rules, 1988 an employee cannot change travel destination midway through the journey and if due to some unavoidable circumstance it has been changed, the same has to be a destination which is en route.

Speedy Trial Can't Be At Cost Of Fairness Of Trial: High Court In Delhi Riots Case

Title: MOHD. DANISH v. STATE (NCT OF DELHI) & ANR.

Citation: 2025 LiveLaw (Del) 214

While dealing with a case concerning the 2020 North-East Delhi riots, the Delhi High Court has observed that expedition in trial cannot be at the cost of fairness of trial, since that would be against all canons of justice.

Delhi High Court Junks PIL Against 'Illegal Constructions' At Ajmeri Gate, Imposes ₹10K Costs

Title: MR MIRZA AURANGZEB v. ARCHAEOLOGICAL SURVEY OF INDIA & ORS

Citation: 2025 LiveLaw (Del) 215

The Delhi High Court has dismissed a PIL seeking to demolish the alleged illegal and unauthorized constructions within the regulated area of city's Ajmeri Gate.

A division bench comprising Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela imposed Rs. 10,000 costs on the petitioner- Mirza Aurangzeb to be deposited with Delhi High Court Staff Welfare Fund.

Delhi High Court Again Reschedules Date Of Elections To All Bar Associations To March 21

Title: LALIT SHARMA AND ORS v. UNION OF INDIA AND ORS.

Citation: 2025 LiveLaw (Del) 216

The Delhi High Court has rescheduled again the date of elections to all Bar Associations in the national capital from February 28 to March 21, 2025.

A full bench comprising Justice Yashwant Varma, Justice Rekha Palli and Justice C Hari Shankar took cognizance of the fact that the Delhi High Court Bar Association (DHCBA) was yet to constitute its Election Commission.

High Court Orders Forest Department, Delhi Police To Evolve Mechanism For Rescuing Distressed Birds

Title: SAVE INDIA FOUNDATION v. DEPARTMENT OF FOREST AND WILDLIFE & ORS.

Citation: 2025 LiveLaw (Del) 217

The Delhi High Court has asked the Delhi Government's forest department and Delhi Police to evolve a mechanism for rescuing the distressed birds in the national capital.

A division bench comprising Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela was dealing with a PIL filed by Save India Foundation seeking issuance of directions to the authorities to take immediate action for rescuing distressed birds.

Inter Cadre Transfer Can't Be Denied Solely Citing Shortage Of Officers: Delhi High Court Raps West Bengal Govt

Title: CHIEF SECRETARY GOVT OF WEST BENGAL v. VAIBHAV BANGAR & ORS.

Citation: 2025 LiveLaw (Del) 218

The Delhi High Court has rapped the action of West Bengal government for refusing, in multiple cases, the prayer for inter cadre transfers (ICTs) on the ground of shortage of officers.

Delhi High Court Dismisses Challenge Against Arbitral Award Rejecting Counterclaim For Failure To Raise Timely Objections On Quality Of Goods

Case Name: Unison Hotels Pvt Ltd v. KNM Chemicals Pvt Ltd

Citation: 2025 LiveLaw (Del) 219

The Delhi High Court bench of Justice Manoj Kumar Ohri has upheld an Arbitral award stating that objections regarding the quality of goods must be raised within a reasonable time as per section 42 of the Sale of Goods Act, 1930. The court concurred with the decision of the Arbitral Tribunal that since the Petitioner failed to dispute the quality of supplies within a reasonable time, its counterclaims were rightly dismissed.