Delhi High Court
Pre-Deposit Of Awarded Amount Through Bye-Laws For Entertaining Plea U/S 34 Of Arbitration Act Is Impermissible: Delhi High Court
The Delhi High Court bench of Justice Jasmeet Singh has held that Bye-laws may serve as operational guidelines, but they cannot impose conditions that conflict with statutory rights. The Court held that when there is no requirement of depositing the awarded amount as a precondition for filing an application under Section 34 of the Arbitration Act to set aside an award, any attempt...
Mere Inclusion Of A Mark In Trading Name Does Not By Itself Constitute 'Trademark': Delhi High Court
The Delhi High Court has made it clear that mere inclusion of a mark in a trading name does not, by itself, constitute a protected 'trademark'.Single bench of Justice Sanjeev Narula though conceded that many brands derive their commercial identity through consistent and public-facing use of their trading name, it held that to give rise to protectable rights, such use must be of a kind...
Delhi High Court Closes PIL Seeking Special Benches To Adjudicate Quashing Pleas, Asks Lawyer To Give Suggestions On Administrative Side
The Delhi High Court on Wednesday closed a public interest litigation to constitute special designated benches to adjudicate quashing petitions on the basis of a settlement.A division bench comprising Chief Justice dk Upadhyaya and Justice Tushar Rao Gedela asked the lawyer Aditya Singh Deshwal to give the suggestions on the administrative side. “Let's discuss the basic principles of seeking...
Common Names Like 'NEHA' Can Constitute Protected Trademark If It Acquires Inherent Distinctiveness Or Secondary Meaning: Delhi High Court
The Delhi High Court has made it clear that common Indian forenames like “NEHA” can constitute protected trademark, provided it acquires an 'inherent distinctiveness' by establishing a secondary meaning in trade.Justice Sanjeev Narula observed that marks comprising everyday/ common names or generic expressions do not, by themselves, command the highest level of legal protection. The...
Turkish Company Çelebi Opposes Centre's Move Furnishing Reasons For Revocation Of Its Security Clearance To Delhi High Court In 'Sealed Cover'
Turkey based company Celebi Airport Services Private Limited on Wednesday told the Delhi High Court that it was neither given any notice nor an opportunity of being heard regarding the Bureau of Civil Aviation Security (BCAS) decision to revoke its security clearance in the "interest of national security".Senior Advocate Mukul Rohatgi told Justice Sachin Datta that the Central Government...
Mandate Of MSME Council Not Automatically Terminated For Failure To Refer Dispute To Arbitration Within 90 Days: Delhi High Court
The Delhi High Court bench of Justice Manoj Kumar Ohri has held that the mandate of the MSME Facilitation Council to refer a dispute to arbitration under Section 18(3) of the Micro, Small and Medium Enterprises Development (MSMED) Act, following the failure of conciliation under Section 18(2), is not automatically terminated if the referral is not made within 90 days as prescribed...
Companies Or Firms Can Invoke S.14(1)(e) Of Delhi Rent Control Act To Evict Tenant For Bonafide Use: High Court Answers Reference
The Delhi High Court has made it clear that Section 14(1)(e) of the Delhi Rent Control Act 1958 is not confined to eviction of tenants for bona fide use by a man or a woman and it includes a tenant who is a juristic entity or any other entity such as a firm, company, etc.A division bench of Justices Prathiba M. Singh and Anish Dayal reasoned that the core of the landlord-tenant relationship...
Delhi High Court Grants Bail To Murder Accused To Undergo Surgery, Asks Him To Mark Attendance By Video Calling IO
The Delhi High Court recently granted medical bail to a murder accused seeking to undergo laser surgery for Varicose Veins, subject to his marking attendance with the Investigating Officer on video calls.Ordinarily, those on bail are required to visit the jurisdictional police station in person to mark their attendance with the IO.However, while setting out the conditions for bail in this...
Right To Speedy Trial Not An 'Illusory Safeguard', Personal Liberty Can't Be 'Whittled Down' In MCOCA Cases: Delhi High Court
Emphasizing that the right to speedy trial is not an illusory safeguard, the Delhi High Court has said that personal liberty cannot be whittled down merely because the case is under Maharashtra Control of Organised Crime Act, 1999 (MCOCA).“The right to a speedy trial, now firmly entrenched in our constitutional jurisprudence under Article 21 of the Constitution of India, is not an abstract...
Section 377 IPC Can't Be Applied To Prosecute Husband In Marital Relationship: Delhi High Court
The Delhi High Court has ruled that in a marital relationship, Section 377 of Indian Penal Code, 1860, cannot be applied to criminalise non-penile-vaginal intercourse between a husband and wife.“Such an interpretation would be in line with the reasoning and observations of the Hon'ble Supreme Court in Navtej Singh Johar (supra),” Justice Swarana Kanta Sharma said. The Court observed that...
Delhi High Court Rejects Vantara's Contempt Plea Seeking Deletion Of Himal Southasian Article On Ill-Treatment Of Elephants
The Delhi High Court has dismissed a contempt petition filed by Anant Ambani led Vantara, seeking deletion of an article published on online platform Himal Southasian alleging ill-treatment and transfer of elephants. Justice Anish Dayal rejected the plea filed by Greens Zoological Rescue and Rehabilitation Centre Society and Greens Zoological Rescue and Rehabilitation Centre Society...
Grounds Of Arrest Provided To Accused In Parliament Security Breach Case: Delhi Police To High Court
The Delhi Police on Wednesday told the Delhi High Court that grounds of arrest were provided to Neelam Azad and Mahesh Kumawat, accused in the Parliament security breach case which happened on December 13, 2023.A division bench comprising Justice Subramonium Prasad and Justice Harish Vaidyanathan Shankar reserved order in the bail pleas filed by the two accused persons. Although judgment...