Both Denote Respect: Delhi HC Restrains Infringement Of NBFC's 'SVAMAAN' Trademark By Identical Business Using 'SAMMAAN' Name

The Delhi High Court has granted a temporary injunction in favour of Svamaan Financial Services Private Limited, a non-banking finance company (NBFC) providing microfinance loans, against trademark infringement by other businesses providing identical services using the 'SAMMAAN' formative name in their corporate logo.Justice Amit Bansal observed that the impugned 'SAMMAAN' marks were...

[PM Modi Degree Row] No Public Interest, Mere Curiosity Not Enough To Approach RTI Forums: Delhi University To High Court

In the case related to Prime Minister Narendra Modi's academic degree, the Delhi University on Tuesday told the Delhi High Court that mere curiosity is not enough to approach Right to Information (RTI) forums. SGI Tushar Mehta made the submission on behalf of the varsity before Justice Sachin Datta. The Court was hearing DU's plea filed in 2017 challenging an order of the Central...

Magistrate Can't Direct Superior Officer Like DCP To Register FIR Under Section 156(3) Of CrPC: Delhi High Court

The Delhi High Court has ruled that a magistrate has no power to direct a superior officer such as a DCP to register an FIR under Section 156(3) of Code of Criminal Procedure.Justice Chandra Dhari Singh observed that as per the statutory mandate, the Magistrate is only empowered to direct the in-charge officer of the police station to conduct investigation and not any officer of a superior...

Police Must Fully Cooperate With Municipal Bodies For Implementation Of Traffic Management Plans: Delhi High Court

The Delhi High Court has said that the police authorities must extend their fullest cooperation to the municipal or local bodies for implementation of traffic management plans in the national capital. A division bench comprising of Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela was hearing a public interest litigation filed by one Amal Sharma highlighting the issue...

Delhi High Court Orders Creating Of Common App For MCD, DDA & NDMC Regarding Complaints On Public Toilets

The Delhi High Court has directed that a common application be developed to be used by Municipal Corporation of Delhi (MCD), Delhi Development Authority (DDA) and New Delhi Municipal Corporation (NDMC) for attending to the grievances in relation to malfunctioning of public toilets in the national capital.A division bench comprising of Chief Justice Devendra Kumar Upadhyay and Justice Tushar...

Delhi High Court Quashes LOC Against Two Individuals Issued Over 2021 Toolkit Case

The Delhi High Court has quashed a look out circular issued against two individuals over the toolkit case registered by the Delhi Police in relation to the 2021 farmers' protest.Justice Sanjeev Narula quashed the LOC against Thilakasri Krupanand and Shantunu Muluk, noting that the investigation has been ongoing for nearly four years and yet no chargesheet was filed against them. “There is...

Close Proximity At Workplace Often Results In Sexual Relationships Which Get Reported As Crimes After Turning Sour: Delhi High Court

The Delhi High Court has said that close proximity at the workplace, many times, results in consensual sexual relationships which later get reported as crimes such as rape after they turn sour. “In the present times, many a times close proximity at workplace results in consensual relationships which on turning sour, get reported as crimes, making it pertinent to be conscious of the...

S.107 CGST Act Prescribes Independent Regime Of Limitation For Filing Appeals, Application Of S.5 Limitation Act Stands Excluded: Delhi HC

The Delhi High Court has held that since Section 107 of the Central Goods and Services Tax Act, 2017 prescribes an “independent regime” to determine the limitation period for filing statutory appeals, the provision for condonation of delay under Section 5 of the Limitation Act stands excluded.A division bench of Justices Yashwant Varma and Dharmesh Sharma observed, “The facility to...

No Unfettered Right To Cross-Examine Person Making Statements U/S 138(B) Customs Act: Delhi High Court

The Delhi High Court has made it clear that a person facing charges under the Customs Act, 1962 does not have an unfettered right under Section 138B, to cross-examine the informant or person making incriminatory statements.Section 138(B) of the Customs Act of 1962 deals with the admissibility of statements made during customs proceedings.A division bench of Justices Prathiba M. Singh and...

Consensual Nature Of Relationship Irrelevant For Prosecution Under POCSO Act: Delhi High Court

The Delhi High Court has observed that prima facie, the consensual nature of relationship between the accused and prosecutrix is irrelevant for prosecution under the POCSO Act. Rejecting the accused's plea that the relationship between him and the prosecutrix was consensual in nature, Justice Sanjeev Narula said:“This plea of consensual relationship is legally immaterial. Under the POCSO...

Mediation Time Period Can Be Excluded While Computing Limitation For Filing Written Statement: Delhi High Court

The Delhi High Court has observed that the time spent during the mediation process can be excluded while calculating the limitation period for filing a written statement under the Delhi High Court (Original Side) Rules, 2018.Remarking that asking parties to file written statements during the mediation process would be against the spirit of mediation, Justice Subramonium Prasad said “In...

Delhi High Court Grants Custody Parole To MP Engineer Rashid To Attend Parliament, Proscribes Him From Using Internet Or Speaking To Media

The Delhi High Court on Monday granted custody parole of two days to Jammu and Kashmir MP Rashid Engineer, who is detained in relation to a terror funding case registered under UAPA.Rashid sought custody parole in order to attend the Parliamentary budget session.“Custody parole is being granted for 2 days in the peculiar facts of this case… Conditions are imposed,” Justice Vikas...