Delhi High Court Allows 'Nourish You' To Use Its Registered Name, Sets Aside Injunction

The Delhi High Court has recently overturned a Commercial Court order that had temporarily barred superfoods maker Nutrivative Foods Pvt. Ltd. from using its “Nourish You” mark, holding that the injunction violated the statutory protections granted to a registered trademark owner under the Trade Marks Act. A Division Bench of Justice C Hari Shankar and Justice Om Prakash Shukla, on...

Amount Deposited Under Protest During Customs Probe Can Be Adjusted Towards Pre-Deposit In Appeal: Delhi High Court

The Delhi High Court has held that an amount deposited with the Customs under protest, during investigation by the Department, can be adjusted towards pre-deposit to be made when filing appeal against its order.For context, Section 129E of the Customs Act, 1962 requires deposit of 7.5% of the amounts which are in dispute, when filing an appeal before Commissioner (Appeals) or CESTAT.In the...

S. 319 CrPC | Suspect Not Summoned At Cognizance Stage Can't Be Summoned Later Based On Same Material: Delhi High Court

The Delhi High Court has made it clear that once cognizance of an offence has been taken and the accused placed in Column No.12 (suspect) of the chargesheet is not summoned, he cannot be summoned subsequently without there being any additional evidence on record.Justice Neena Bansal Krishna observed,“Section 319 Cr.P.C. empowers the Court to summon the Accused placed in Column...

District Medical Boards Under Surrogacy Regulations Need Not Insist On Physical Presence Of Intending Couple: Delhi High Court

The Delhi High Court has recently observed that the district medical boards under the Surrogacy Regulations, 2023, need not insist on physical presence of the intending couple. “There is also no rationale as to why the District Medical Board should not equip itself in conducting virtual hearings as is mandated for the State Board under Section 5(3) and 5(4) of the Surrogacy...

Amount Recovered In Civil Suit Can Be Adjusted Against Criminal Compensation In NI Act Cases: Delhi High Court

The Delhi High Court recently allowed the plea of a man, convicted for cheque dishonour, to set off the amount recovered from him in a civil suit relating to the same cheques, against the compensation to be paid in the criminal proceedings under Section 138 of the Negotiable Instruments Act 1881.Justice Manoj Kumar Ohri observed,“Since Section 357(5) CrPC allows the Court to adjust any...

Dispute Over Property Used Exclusively For Trade Constitutes Commercial Dispute Even If Situated In Residential Area: Delhi High Court

The Delhi High Court held that a dispute arising from a lease agreement under which premises were used actually used for running a retail showroom qualifies as a commercial dispute under section 2(1)(c)(vii) of the Commercial Courts Act, 2015 even if the property is situated in a residential zone under the Municipal Law. A Division Bench of Justice Anil Kshetrapal and Justice...

'Known Face In Content Creation Field': Delhi High Court Passes John Doe Order Protecting Personality Rights Of Raj Shamani

The Delhi High Court has passed a john doe order protecting the personality rights of podcaster Raj Shamani, observing that he is a known face in India, especially in the field of content creation. Justice Manmeet Pritam Singh Arora observed that Shamani has gained goodwill and reputation over a course of a successful career and that prima facie, he enjoys publicity rights with respect to...

Courts Can't Create Exceptions For 'Near Majority Consensual Relationships' When Consent Irrelevant Under POCSO Act: Delhi High Court

The Delhi High Court has observed that Courts cannot create exceptions for “near majority consensual relationships” when consent of a person below the age of 18 years is irrelevant for the purpose of POCSO Act.“Under the POCSO Act, read with the then prevailing provisions of the IPC, any sexual act with a person under 18 is criminalised per se, without importing “consent” as...

No Bar On Electricity Supply To Properties Booked For Unauthorised Construction Until Sealing: Delhi High Court

The Delhi High Court has directed BSES Yamuna Power Limited, responsible for power distribution in the national capital, to supply electricity to properties booked for unauthorised construction, until MCD takes actual action against such properties.Justice Mini Pushkarna observed that often requisite action is not taken by MCD despite demolition orders having been passed and meanwhile, denial...

Mere Lack Of Care Not Enough To Attract Criminal Liability U/S 304A IPC; Mens Rea Required: Delhi High Court

The Delhi High Court has held that mere lack of care is not sufficient to attract the offence of causing death by negligence under Section 304A of IPC and mens rea is an important element to invite culpability.Justice Amit Mahajan thus granted relief to the owner of a de-addiction centre, booked for the death of an inmate at the hands of his employee.Petitioner-owner was summoned six years...

'Can't Discriminate': Delhi High Court Orders Sports Ministry To Enable Deaf Sportspersons To Apply For Khel Ratna

The Delhi High Court has made it clear that there can be no discrimination between persons with locomotor disability and those with hearing impairment.Justice Sachin Datta observed,“The Rights of Persons with Disabilities Act, 2016 read with Schedule thereto, leaves no scope of discrimination between persons having hearing impairment vis-a-vis those having physical/locomoter...

Delhi High Court Grants SanDisk Permanent Injunction Against Indian Company's Copycat Trade Dress

The Delhi High Court has granted a permanent injunction in favour of SanDisk LLC, the global flash-storage manufacturer, after Welborn Industries Pvt. Ltd., an Indian electronics company that sells memory-storage products, agreed to permanently discontinue packaging that SanDisk said copied the distinctive red-and-black trade dress of its USB drives and SD cards. Justice Manmeet Pritam...