Delhi High Court
Delhi High Court Blocks Fraudulent Websites Collecting Money Under 'Burger King' Trademark
The Delhi High Court has observed that the illegal use of “Burger King” trademark or collecting money under the name of the American multinational fast food restaurant chain is not permitted. Justice Prathiba M Singh ordered suspension of three domain names, two email addresses and directed blocking of three websites engaged in committing fraud by collecting money using Burger King's name...
Matrimonial Dispute Is No Grounds To Deny Family Pension To Wife Upon Husband's Death: Delhi High Court
The Delhi High Court has made it clear that a wife cannot be denied family pension upon her husband's death, merely because they had an ongoing matrimonial dispute.A division bench of Justices Navin Chawla and Madhu Jain observed,“The very fact that the petitioner had filed an application seeking maintenance from the deceased, shows that there were some matrimonial disputes between...
Delhi High Court Rules In Favour Of Haveli Restaurants, Asks 'Punjabi Haveli' To Remove Ads From Third Party Websites
Ruling in favour of famous Haveli Restaurant and Resorts, the Delhi High Court has recently asked a Ludhiana based company running under the name “Punjabi Haveli” to refrain from using “Haveli” marks and to remove its advertisements or listings from third party websites. Justice Manmeet Pritam Singh Arora directed Punjabi Haveli to remove its board or hoarding or display material...
Hindu Marriage Can't Be Dissolved By Signing Marriage Dissolution Deed In Front Of Villagers: Delhi High Court
The Delhi High Court has held that a Hindu marriage cannot be dissolved by signing a marriage dissolution deed in front of villagers or “social people and witnesses.”A division bench comprising Justice C Hari Shankar and Justice Om Prakash Shukla said: “We are unaware of any law or principle by which a duly solemnized Hindu marriage can be dissolved by signing a marriage dissolution deed...
'Common Area Maintenance Charge' Paid To Mall By Showroom Is Not Rent, Not Liable To TDS U/S 194-I Income Tax Act: Delhi High Court
The Delhi High Court has held that the Common Area Maintenance Charge (CAM) paid by a showroom owner to the mall does not qualify as 'rent' and is not liable to TDS under Section 194I of the Income Tax Act 1961.Section 194I stipulates that TDS applies if the total rent paid or payable in a financial year exceeds a specified limit.A division bench of Justices V. Kameswar Rao and Vinod...
Delhi High Court Rejects Centre's Plea Against Direction To Grant Promotion To IRS Officer Sameer Wankhede If Found Eligible
The Delhi High Court has dismissed Central Government's plea against a direction to grant promotion to IRS officer Sameer Wankhede if he is found suitable by the UPSC.A division bench comprising Justice Navin Chawla and Justice Madhu Jain upheld the order of the Central Administrative Tribunal and asked the Union Government to comply with the direction within four weeks. Vide the impugned...
Delhi High Court Asks Trial Court To Defer Hearing On Charge In Case Against Kapil Mishra Over 'Communal Tweets'
The Delhi High Court has asked the Trial Court to defer hearing on the point of charge in a case registered against BJP Minister Kapil Mishra in relation to an FIR filed against him in 2020 over his tweets that the AAP and Congress parties had created a “mini Pakistan” at Shaheen Bagh and that the then Assembly polls would be a contest between “India and Pakistan”.Justice Ravinder...
Use Of Full Name Not Mandatory To Avail Protection U/S 35 Trademarks Act: Delhi High Court
The Delhi High Court has held that the benefit of Section 35 of the Trade Marks Act 1999, which proscribes any injunction being granted against the use by the defendants of his/ her name as a trademark, is not restricted to use of full name by the defendant.“Section 35 places no such limitation,” observed a division bench of Justices C. Hari Shankar and Om Prakash Shukla.The Court was...
Dismissal Of Plea U/S 8 Of A&C Act Amounts To Res Judicata; S.11 Court Cannot Refer Parties To Arbitration: Delhi High Court
The Delhi High Court bench of Justice Purushaindra Kumar Kaurav, while dismissing a Section 11 petition under the A&C Act, observed that dismissing a Section 8 application under the A&C Act amounts to res judicata. The Section 11 Court cannot refer the parties to Arbitration if the order dismissing Section 8 is not set aside or interfered with. A Collaboration Agreement...
No Injunction Can Be Granted Against Defendant Using Their Name As Trademark Even In Cases Of Passing Off: Delhi High Court
The Delhi High Court has held that “no injunction can be granted even in the case of passing off against a defendant, restraining the use by her, or him, of her, or his, own name.”The division bench of Justices C. Hari Shankar and Om Prakash Shukla in this regard cited Section 35 of the Trade Marks Act, 1999 which proscribes any injunction being granted against the use by the defendants...
GST Dept Can't Probe Misuse Of GSTIN By Third Party, Power Lies With Economic Offences Wing: Delhi High Court
The Delhi High Court has made it clear that allegations of misuse of a trader's GST identification number by a third party cannot be probed by the GST Department.A division bench of Justices Prathiba M. Singh and Shail Jain observed,“Section 132 of the CGST Act, 2017 provides for certain offences which the GST Department can take cognizance of. However, the allegation here is that the...
'Can't Turn Blind Eye To Reformative Purpose Of Imprisonment': Delhi High Court Reduces 3-Month Sentence Awarded To POCSO Convict
The Delhi High Court has reduced the sentence of 3 months imprisonment imposed upon a POCSO convict after 10 years of trial, stating that it cannot “uproot” him from the society after a decade.Justice Amit Mahajan observed that while the Court is cognizant of the gravity of the offences however, it cannot turn a blind eye to the reformative and rehabilitative purpose of the...