Delhi High Court
Delhi High Court Declares 'Taj' As Well Known Trademark For Services In Hotel And Hospitality Industry
The Delhi High Court has declared “Taj” a well known trademark in respect of hotels and other related services in the hospitality industry. “The long duration for which the TAJ marks have been in use by the plaintiff, wide geographical area of their use, their knowledge among the general public and their goodwill and reputation due to the extensive promotion, publicity and extensive...
Delhi High Court Refuses Interim Bail To PFI Leader Shahid Nasir In UAPA Case, Asks Him To Move Special NIA Court
The Delhi High Court has refused to grant interim bail to Popular Front of India (PFI) leader Shahid Nasir in a case registered by NIA under UAPA. A division bench comprising Justice Prathiba M Singh and Justice Rajneesh Kumar Gupta observed that the application for interim bail ought to be first moved before the Special NIA Court.“This Court has not considered the merits of the matter....
Delhi High Court Slams Directorate General Of Foreign Trade For Cancelling Trader's DEPB License 15 Yrs After SCN Was Issued
The Delhi High Court recently quashed a Directorate General of Foreign Trade (DGFT) communication cancelling the license issued to a trader involved in import and export of goods, citing almost fifteen years delay in culminating the show cause notice.Justice Sachin Datta cited Vos Technologies India Pvt. Ltd. v. The Principal Additional Director General & Anr. (2024) where the Delhi...
Delhi High Court To Examine Scope Of Customs Jurisdiction Under E-Cigarettes Act After Seizure Of "De-Addiction" Devices
The Delhi High Court is set to examine the extent of jurisdiction which can be exercised by the Customs Department under the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019.A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta have sought the authority's response on a private...
Delhi HC Flags CBI's Contradictory Approach, Highlights Difference Between Notice To Witness U/S 160 CrPC And Notice To Accused U/S 41A CrPC
While granting anticipatory bail to an individual accused of cheating and cyber fraud, the Delhi High Court observed that if the arrest of a person accused of a cognisable offence punishable for less than seven years is not required, the investigating agency has to issue a notice under Section 41A CrPC before the proceedings with the arrest.Justice Vikas Mahajan observed “The law is clear...
Delhi High Court Refuses To Stay Trial Of BJP Leader Kapil Mishra In 2020 FIR For Alleged Communal Tweets
The Delhi High Court on Tuesday refused to stay trial court proceedings 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 Dudeja refused to stay trial...
MP Has No Vested Right To Participate In Parliament, Engineer Rashid Can't Use His Position As Tool To Seek Bail: NIA To Delhi High Court
The National Investigation Agency (NIA) has opposed a plea filed by Jammu and Kashmir MP Engineer Rashid seeking interim bail or custody parole to attend the second part of the parliamentary session which will end on April 04. In its response, NIA has said: “...as the detention in the present case is valid, merely because someone i.e., a Member of Parliament has not been allowed to...
S.450 BNSS | Court Of Chief Judicial Magistrate Can't Transfer A Case Either Suo Moto Or On Any Application: Delhi High Court
The Delhi High Court has ruled that the Court of the Chief Judicial Magistrate cannot transfer a case from one Court or another either suo moto or upon an application being moved to that effect.“…under Section 410 Cr.PC. and Section 450 BNSS the power conferred upon the Chief Judicial Magistrate is only administrative in nature. The Court of Chief Judicial Magistrate cannot “transfer”...
Delhi High Court Asks Centre To Comply With Supreme Court Order Directing It To Decide Representation Seeking To Rename India As 'Bharat'
The Delhi High Court has recently directed the Union Government to expeditiously comply with an order passed by the Supreme Court in 2020 directing that a petition seeking direction to change the name of the country as "Bharat" from "India" be treated as a representation.Justice Sachin Datta was dealing with a plea filed by an organization Nahama seeking a direction on the Union Government...
Arbitral Tribunal Is Sole Judge Of Evidence, Court Not Required To Re-Evaluate Evidence U/S 34 Of Arbitration Act: Delhi High Court
The Delhi High Court bench of Justice Vibhu Bakhru and Justice Tejas Karia held that the arbitrator is the ultimate master of the quantity and quality of evidence to be relied upon when he delivers his arbitral award. An award would not be held invalid merely because the award is based on little evidence or on evidence which does not meet the quality of a trained legal mind. Also,...
Application U/S 34 Of Arbitration Act Not Maintainable If Not Filed With Copy Of Arbitral Award: Delhi High Court
The Delhi High Court division bench of Justice Yashwant Varma and Justice Harish Vaidyanathan has held that an application under Section 34 of the Arbitration and Conciliation Act, 1996 is non-maintainable if it is not accompanied by a copy of the impugned award. The court held that the filing of the award is not a mere procedural requirement but a mandatory prerequisite for...
Customs Dept Repeatedly Told To Serve Notices, Orders On Assessee Via Email: Delhi High Court Seeks Compliance
The Delhi High Court has asked the Customs Department to scrupulously comply with its “repeated” direction to serve notices, orders on an assessee under the Customs Act, 1962 via email.Traditionally, correspondence related to any violation of the Act is made via post. However, with advent of technology and to avoid delays, Court had in Bonanza Enterprises vs. The Assistant Commissioner...