Delhi High Court
Inconsequential Errors Cannot Be Grounds To Challenge Judicious & Reasoned Award U/S 34 Of Arbitration Act: Delhi High Court
The Delhi High Court Bench of Justice Manoj Kunar Ohri has held that the petitioner cannot take advantage of apparent inconsequential errors and fumbles to challenge the award. Inconsequential errors in the award cannot be a ground to challenge otherwise judicious and reasoned award. Brief Facts of the case: The respondent accepted an offer letter to procure a machine...
Trademark Infringement | Jeopardisation Of IPO Due To Interim Injunction Not Grounds To It Set Aside: Delhi High Court
The Delhi High Court has made it clear that an entity cannot seek to set aside an interim injunction passed against it in a trademark infringement suit, merely because its business or IPO launch is jeopardized due to such injunction.A division bench of Justices Navin Chawla and Harish Vaidyanathan Shankar held,“In the present case, while the Appellant has strenuously contended that...
Dispute Review Board's Recommendations Are Arbitral Awards, Enforceable U/S 36 Of A&C Act: Delhi High Court
The Delhi High Court bench of Justice Vibhu Bakhru and Justice Tejas Karia has held that the recommendations of the Dispute Review Board (DRB) rendered under a contract constitute an arbitral award which is enforceable as a decree under Section 36 of the Arbitration and Conciliation Act, 1996. The court further held that the limitation for enforcement begins from the date of the award,...
'Sad, Shocking State Of Affairs': Delhi High Court Orders MP Govt To Release Retiral Benefits Of Deceased IAS Officer
The Delhi High Court recently expressed shock at the conduct of Madhya Pradesh government in “victimising” a deceased IAS cadre officer by withholding his retiral benefits of almost 7 years.A division bench of Justices Navin Chawla and Renu Bhatnagar observed that the officer was first victimized back in the year 2000, when he was misallocated Chhattisgarh cadre upon reorganization...
Delhi High Court Declines To Pass Summary Judgment In Reliance-Owned Company's Plea Seeking ₹459 Crore From DDA Over Property Dispute
The Delhi High Court recently refused to pass a summary judgment in a suit moved by Reliance Eminent Trading And Commercial Private Limited against DDA, seeking a money decree of ₹4,59,73,61,098/- along with pendente lite and future interest over an auction property.Justice Vikas Mahajan observed that since land acquisition proceedings qua the said property were declared 'lapsed' by a...
Sanitary Napkins And Medicines Not Allied Or Cognate Goods: Delhi High Court Rejects Plea Alleging Deceptively Similar Trademark
The Delhi High Court has rejected an appeal preferred by RSPL Health Private Limited, alleging that Sun Pharma had adopted a trademark for its medicinal products, which is deceptively similar to RSPL's menstrual product line.Rejecting the appeal against denial of interim injunction by a single judge, the division bench of Justices Navin Chawla and Shalinder Kaur observed,“there is no...
Premature Release Of Prisoners: Delhi High Court Issues Guidelines For Composition, Decision-Making Process Of Sentence Review Board
The Delhi High Court on Wednesday (June 11) took exception to the practice of members of Sentence Review Board (SRB), appointed in their official capacity, not personally attending SRB meetings and rather sending their representatives.SRB is constituted to review sentences awarded to prisoners and for recommending the premature release in appropriate cases.Justice Girish Kathpali was dealing...
Right Of Free Speech Not To Deliver Inflammatory Speeches: Delhi High Court In Shabir Ahmed Shah's Bail Plea In Alleged Terror Funding Case
The Delhi High Court, on Thursday (June 12), refused to grant bail to Kashmiri Separatist Leader Shabir Ahmed Shah challenging an NIA court's order denying him bail in an alleged case of terror funding. A division bench of Justice Navin Chawla and Justice Shalinder Kaur upheld the decision of the NIA court, observing that the right to freedom of speech and expression could not be invoked...
Delhi High Court Rejects Separatist Leader Shabir Ahmed Shah's Bail Plea In Alleged Terror Funding Case
The Delhi High Court on Thursday (June 12) dismissed an appeal moved by Kashmiri Separatist Leader Shabir Ahmed Shah challenging an NIA court's order denying bail in an alleged case of terror funding. A division bench of Justice Navin Chawla and Justice Shalinder Kaur while pronouncing the order said: "The present appeal is dismissed". A detail copy of the order is awaited. Shah had...
Citing Kautilya's Arthshastra, Delhi High Court Directs Govt To Consider Premature Release Of Life Convict Who Violated Parole Conditions
Citing Kautilya's Arthshastra which makes references to the element of reformatory policy of sentencing, the Delhi High Court directed the government to consider afresh the application for premature release of a life convict who had jumped parole.Justice Girish Kathpali also made reference to the Vth pillar edict of Delhi Topra which refers to a statement of the emperor Asoka that he had let...
Can Commonly Used Slogans Like “One For All” Be Trademarked? Delhi High Court Answers
The Delhi High Court has held that slogans, particularly those which are descriptive or commonly used phrases, face a significantly high threshold for registration of trademark— unless they have acquired a secondary meaning.Justice Mini Pushkarna held thus while denying relief to Oswaal Books, which publishes books for CBSE, ISC, ICSE Karnataka Board, JEE – Mains & Advanced, NEET, CAT...
Batla House Demolitions : Delhi High Court Refuses To Entertain AAP MLA Amanatullah Khan's PIL
The Delhi High Court today (June 11) refused to entertain Aam Aadmi Party MLA Amanatullah Khan's PIL against DDA's proposed demolition action in the city's Batla House area.A division bench of Justice Girish Kathpalia and Justice Tejas Karia expressed that only individual residents can claim that their property does not fall within specified area of proposed demolition site.It thus permitted...