'Complete Specification' Of Invention In Patent Is Sacrosanct To Determine Case Of Infringement: Delhi High Court

The Delhi High Court has made it clear that the 'Complete Specification' of an invention is sacrosanct for determining infringement of its patent.Justice Amit Bansal held, “Once the plaintiff has itself identified features that are essential to the suit patent in the Complete Specification, it is estopped from contending that they are not essential so as to make out a case...

Prolonged Incarceration Undermines Right To Life, Conditional Liberty Must Override Bail Restrictions Under MCOCA: Delhi High Court

The Delhi High Court has ruled that conditional liberty must override the statutory restrictions on grant of bail under Section 21 of Maharashtra Control of Organised Crime Act (MCOCA). Justice Amit Mahajan observed that despite the stringent requirements imposed on an accused for bail, such requirements do not preclude the grant of bail on the grounds of undue delay in the completion of...

Wife Leaving Job To Care For Child Not Voluntary Abandonment Of Work, Entitled To Maintenance: Delhi High Court

The Delhi High Court has held that a wife cannot be denied maintenance merely because she is qualified and was employed, if she was compelled to quit to take care of the child.Justice Swarana Kanta Sharma observed, “...the responsibility of caregiving to a minor child falls disproportionately upon the parent with custody, often limiting their ability to pursue full-time employment,...

Rampant Misuse Of S.16 GST Act For Wrongful Availment Of ITC Will Create 'Enormous Dent' In GST Regime: Delhi High Court

The Delhi High Court has once again flagged concerns over rampant misuse of Section 16 of the Central Goods and Services Tax Act 2017 by traders, for wrongful availment of Input Tax Credit.The provision enables businesses to get input tax on the goods and services which are manufactured/ supplied by them in the chain of business transactions. It is meant as an incentive for businesses who...

Can Suit For Infringement Lie Against Proprietors Of Registered Trademark? Delhi High Court Refers Issue To Larger Bench

The Delhi High Court has referred to a larger the following questions of law in relation to trademark infringement:“(i) Whether a suit for infringement can lie against the proprietor of a registered trademark, with respect to the use of such trademark? (ii) Whether, assuming such a suit can lie, the Court can pass any interlocutory order, injuncting the use, by the defendant, of the...

Rights Of Prior User Prevail Over Registered Trademark Holder: Delhi HC Grants Interim Relief To German Society's Institutes In India

Reaffirming the principle that rights of prior user are superior to that of a proprietor holding a registered trademark, the Delhi High Court granted interim injunction in favour of Goethe-Institut, a German society which runs six educational institutes in India in the name of 'Max Mueller Bhavan', offering German language courses.Justice Mini Pushkarna restrained the use of 'Max...

No Objections U/S 47 Of CPC Can Be Moved By Judgment Debtor Against Execution Of Award U/S 36 Of A&C Act: Delhi High Court

The Delhi High Court Bench of Justice Jasmeet Singh has observed that a judgment debtor is not entitled to move objections under Section 47, CPC in an application for execution of award under Section 36, Arbitration and Conciliation Act, 1996 (“ACA”) as it would amount to effectively opening a second round for challenging the Award which would undermine the provision of section...

Relief To Lok Sabha Speaker Om Birla's Daughter: Delhi HC Directs Google, X To Remove 'Defamatory' Posts Doubting Her UPSC Qualification

The Delhi High Court on Tuesday closed the defamation suit filed by IRPS Officer and Lok Sabha Speaker Om Birla's daughter, Anjali Birla, against social media posts alleging that she cleared UPSC exam in her first attempt by indulging in corrupt practices and misusing her father's position.Justice Jyoti Singh decreed Birla's suit filed against X, formerly Twitter, Google and John Doe...

GST | Delhi HC Rebukes Trend Of Persons Who Wrongfully Avail ITC By Invoking Writ Jurisdiction; Imposes ₹1 Lakh Cost

The Delhi High Court has criticized the “pattern” of persons, who either availed fraudulent Input Tax Credit or enabled the availment of fraudulent ITC, invoking Court's writ jurisdiction to challenge orders imposing penalty under Section 74 of the Central Goods and Services Act 2017, on technical grounds.A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta...

S.17A PC Act | If Information About More Offenders Is Found During Trap Proceeding, CBI Can't Be Rendered Helpless In Continuing Probe: Delhi HC

The Delhi High Court recently refused anticipatory bail to a Senior Section Engineer of the Railways, who was hauled up in a corruption case following trap proceedings conducted on co-accused.In doing so, Justice Shalinder Kaur debunked the petitioner's contention that the CBI had not obtained sanction under Section 17A of the Prevention of Corruption Act, in order to prosecute him.The...

Delhi High Court Weekly Round-Up: May 05 To May 11, 2025

Citations 2025 LiveLaw (Del) 509 to 2025 LiveLaw (Del) 534NOMINAL INDEXDEEPA JOSEPH & ANR. v. UNION OF INDIA & ANR 2025 LiveLaw (Del) 509 Royal Challengers Sports Private Limited v. Uber India & Ors. 2025 LiveLaw (Del) 510 LALIT SHARMA AND ORS v. UNION OF INDIA & ORS 2025 LiveLaw (Del) 511 Varun Jindal v. Union of India 2025 LiveLaw (Del) 512 Sanjay Kumar Yadav v. Union...

Being Foreign National No Ground To Deny Bail In NDPS Case Specially When Passport Of Accused Is Seized: Delhi High Court

The Delhi High Court has ruled that being a foreign national is no ground to deny bail under Narcotic Drugs and Psychotropic Substances Act, 1985, especially when passport of the accused is seized. While granting bail to a woman–having a passport of Kyrgyzstan–in an NDPS case, Justice Shalinder Kaur observed:“This Court, while not discounting the concerns raised, is also cognizant of...