Delhi High Court
Delhi High Court Upholds Injunction Against Use Of 'Medilice Lice Killer' For Anti-Lice Hair Oil
The Delhi High Court has recently upheld an injunction restraining Rapple Healthcare from using the mark “Medilice Lice Killer” for its anti-lice hair oil, holding that it infringed and amounted to passing off of the registered trademark “MEDILICE” owned by Wings Pharmaceuticals Private Limited. The court, however, reduced the damages awarded to Wings Pharmaceuticals from Rs 10 lakh...
Software Receipts Can't Be Taxed On PE Assumption Already Rejected By ITAT: Delhi High Court
The Delhi High Court has held that software receipts cannot be subjected to tax deduction at source (TDS) on the assumption of a Permanent Establishment (PE) when such an assumption has already been rejected by ITAT, setting aside a withholding certificate issued under Section 197 of the Income Tax Act.A division bench of Justices V. Kameswar Rao and Vinod Kumar was dealing with a petition...
Customs | Mere Location Of DRI Or Central Revenues Control Lab In Delhi Doesn't Confer Jurisdiction: Delhi High Court
The Delhi High Court has held that merely because DRI headquarters or Central Revenues Control Laboratory (CRCL) are located in Delhi does not confer jurisdiction upon it to deal with Customs disputes arising in Tamil Nadu.A division bench of Justices Prathiba M. Singh and Renu Bhatnagar made the observation while dealing with the case of Petitioners, situated in Chennai, but challenging...
'Half Of DU Students Are There': Delhi High Court Orders Action Against Unauthorised Restaurants At Majnu Ka Tila
The Delhi High Court on Wednesday (December 24) asked the civic authorities in the national capital to take action against various cafes and restaurants in Majnu ka Tila, located on the banks of the Yamuna river, operating without sanctioned building plans and safety measures. A division bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela was dealing with a...
Delhi Air Pollution An 'Emergency': High Court Asks Centre To Consider Temporary GST Relief On Air Purifiers
The Delhi High Court on Wednesday orally remarked that the authorities must provide exemption from GST on air purifiers, considering the air pollution situation in the national capital as an “emergency.”A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela was hearing a PIL to declare air-purifiers as “medical devices” and remove imposition of 18% GST...
Delhi High Court Refuses To Halt Release Of 'UP 77' After Producer Says Web Series Not Based On Slain Gangster Vikas Dubey's Life
The Delhi High Court on Wednesday (December 24) refused to halt the release of web series “UP 77” purportedly based on the life of gangster Vikas Dubey who was killed in a police encounter in July 2020.The series is slated to release on December 25 on Waves OTT platform.After hearing the parties Justice Sachin Datta in its order dictated:"Counsel for respondent 2 and producer have...
Section 5(c) Of POCSO Act Not Made Out: Why Delhi High Court Suspended Life Term Of Kuldeep Singh Sengar In Unnao Rape Case
The Delhi High Court has suspended the life sentence awarded to expelled BJP leader Kuldeep Singh Sengar, who was convicted and sentenced to life imprisonment by the trial court in the Unnao rape case.A division bench comprising of Justice Subramonium Prasad and Justice Harish Vaidyanathan Shankar primarily held that the offence under Section 5(c) of the POCSO Act was not made out...
Statutory Appeal Cannot Be Rendered Illusory Due To DRAT Vacancies, Administrative Hurdles: Delhi High Court
The Delhi High Court on Tuesday observed that litigants cannot be denied an effective appellate remedy under debt recovery law when their statutory appeal remains unheard due to tribunal vacancies, recusals and administrative difficulties. On a plea by two auction purchasers, a division bench of Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar held that while courts...
Delhi High Court Upholds Interim Order Restraining 'HP+' Mark Over Similarity With 'HP' Screw Brand
The Delhi High Court's division bench has upheld an interim order stopping Ganraj Enterprises, a Maharashtra-based maker of screws, from using the marks “HP+” and “HP®+” on its products. The court held that using these marks for self-drilling screws and related goods infringes the registered “HP” trademark owned by Landmark Crafts Pvt. Ltd A Division Bench of Justice C Hari...
Extension Of Time To Adjudicate SCN U/S 28 Customs Act Need Not Be Communicated To Importer: Delhi High Court
The Delhi High Court has held that the Customs Department need not communicate to an importer that the time for adjudicating a show cause notice issued to it has been extended by virtue of Section 28(9) of the Customs Act, 1962.Section 28(9) sets time limits for the Customs officer to finalize demand proceedings after issuing SCN for unpaid/short-levied duty, requiring determination within...
Order Framing Charge Is Interlocutory Order, Can't Be Challenged In Appeal Under Section 21 Of NIA Act: Delhi High Court
The Delhi High Court has ruled that an order framing charges against accused is interlocutory in nature and cannot be challenged in appeal under Section 21 of National Investigation Agency Act. A division bench comprising Justice Vivek Chaudhary and Justice Manoj Jain observed that the term “order” in Section 21(1) refers to a final order and not an interlocutory or intermediate...
“Resources Completely Wasted Away”: Delhi High Court Fines Customs For Delaying Release Of Seized Goods Despite Order
The Delhi High Court has criticised the Customs Department for wasting public resources by withholding seized goods despite an adjudication order already having directed its unconditional release, eventually leading to avoidable litigation.A Division Bench of Justices Prathiba M. Singh and Shail Jain observed,“The present is a case which shows how the resources of the Customs Department...