Delhi High Court
Delhi High Passes John Doe Order Restricting Domain Names From Infringing Burger King's Trademarks & Running Fake Franchise
The Delhi High Court has granted a temporary injunction in favour of the fast food chain, Burger King Corporation, and directed the suspension of domain names/websites infringing upon its 'BURGER KING' trademarks.Burger King Corporation (plaintiff) sought an injunction against unknown defendants for running fake franchise/dealership websites using its trademarks. It is alleged that the...
'Final Report-I' Confidential Document Of CBI But Can Be Produced Before Court At Cognizance Stage In Exceptional Circumstances: Delhi HC
The Delhi High Court has ruled that production of Central Bureau of Investigation's (CBI) final report for the perusal of the special court cannot be denied at the stage of cognizance, if exceptional circumstances are made out.Justice Anoop Kumar Mendiratta referred to the provisions in Chapter 18 of the CBI Crime Manual which provides that on completion of investigation, every IO is required...
Delhi High Court Quashes IOA Order Appointing Ad-Hoc Committee To Look After Affairs Of Bihar Olympic Association
The Delhi High Court has quashed an order passed by the President of Indian Olympic Association (IOA) constituting a five member Ad-Hoc committee to look after the affairs of the Bihar Olympic Association. Justice Sachin Datta said that the decision taken on January 01 did not satisfy the requirements of law and deserved to be set aside. The Court ordered that urgent steps be taken to...
Delhi High Court Rejects Plea By Maharaja Karni Singh's Heir Asking Central Govt To Clear Rent Arrears On Bikaner House
The Delhi High Court has dismissed a petition filed by heir of Late Maharaja Dr. Karni Singh, the last one to hold the title of Maharaja of Bikaner, seeking arrears of rent from Central Government for the Bikaner House property in the national capital. Justice Sachin Datta rejected the contentions raised by the petitioner- daughter of the Maharaja and said that she failed to establish any...
Customs Department's Baggage Rules Have 'Limited Application' On Foreign Tourists: Delhi HC Orders Release Of Russian National's Gold Chain
The Delhi High Court has held that the Baggage Rules 2016 which are framed under the Customs Act 1962 to ensure that every passenger entering India passes through a Customs check has limited application on foreign tourists coming to India.While holding so, a division bench of Justices Prathiba M. Singh and Dharmesh Sharma ordered the release of a Russian national's gold chain, valued at about...
Deliberately Misled Consumers: Delhi HC Decrees Castrol Ltd's Trademark Infringement Suit Against Engine Oil Manufacturers, Awards ₹20 Lakh
The Delhi High Court recently granted permanent injunction in favour of the automobile lubricants manufacturer Castrol Limited, against trademark and trade dress/package infringement by businesses manufacturing, selling and advertising engine oils and lubricants.Justice Mini Pushkarna awarded Rs. 20 lakh of costs and damages to Castrol, decreeing the suit against engine oil manufacturers...
PM Modi Degree Row: High Court Reserves Verdict On Delhi University's Plea Against Disclosure Of Information
The Delhi High Court on Thursday reserved verdict on a plea filed by the Delhi University (DU) challenging an order of the Central Information Commission (CIC) directing disclosure of information with respect to the bachelor's degree of Prime Minister Narendra Modi.Justice Sachin Datta reserved the judgment. DU filed the plea in 2017 against CIC's order which allowed inspection of records of...
Can't Presume Pending Investigation For Disqualification Under 'Sabka Vishwas Scheme' When Proof Of Service Of Notice Not Available: Delhi HC
The Delhi High Court recently granted relief to a trader whose application for availing the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 over service tax dues was declined by the GST Department “without providing any reason”.A division bench of Justices Prathiba M. Singh and Dharmesh Sharma observed that in the absence of proof of service of notice upon the trader, prior to...
'Deliberate And Wilful Infringement' Of Trademark: Delhi HC Directs Amazon To Pay ₹339.25 Crore To Luxury Brand Beverly Hills Polo Club
In a significant ruling, the Delhi High Court has imposed hefty damages and costs totalling Rs. 339.25 crore on Amazon Technologies Inc for trademark infringement of the luxury lifestyle brand, Beverly Hills Polo Club.Remarking that Amazon's actions amounted to 'deliberate and wilful infringement', Justice Prathiba M. Singh observed that Amazon engaged “deliberate strategy of...
Bank Account Frozen Over 'Suspicious Transaction' Of ₹200, Delhi HC Asks Probe Agencies To Show Compassion To Innocent Traders
The Delhi High Court has expressed concern with investigating agencies freezing the bank accounts of innocent traders while probing cyber crimes.It observed, “In such types of cyber-crimes, if any fraudster cheats a complainant and with the help of cheated money, when such fraudster buys something using such money, the police, chasing such money-trail, directs freezing the bank accounts of...
DTAA | Subsidiary Of A Company Does Not Ipso Facto Constitute Its Permanent Establishment: Delhi High Court
The Delhi High Court has held that a subsidiary or an entity which is substantially controlled by another entity in a contracting State does not by itself become a Permanent Establishment (PE) of that other entity.Citing Article 5 of the India-Finland Double Taxation Treaty, a division bench of Justices Yashwant Varma and Ravinder Dudeja observed,“There is no general presumption in law that...
Retrospective Pay Reduction Without Prior Notice And Recovery Of Excess Payments After 19 Years Is Not Permissible : Delhi High Court
A division bench of the Delhi High Court comprising of Justice Rekha Palli and Justice Manoj Jain held that reducing employee's pay retrospectively without prior notice and recovering excess payments after the period of 19 years is not permissible. Background Facts The petitioner initially joined the Border Security Force (BSF) as a Constable on 10.11.1978. He joined the...