Delhi High Court
Unauthorised Constructions | Delhi High Court Flags Influx Of Cases Against MCD Inaction, Calls For More Transparency
The Delhi High Court has observed that a mechanism needs to be evolved, if not already in place, to ensure that the action taken by Municipal Corporation of Delhi (MCD) on the complaints received about unauthorised constructions in the national capital is “systematic, transparent and even-handed.”Justice Prateek Jalan said that several cases are filed in the court every week alleging that...
Delhi High Court Issues Notice On PIL Against Rule Restricting Nursing Courses At AIIMS, DU And GGSIPU To Only Females
The Delhi High Court on Tuesday issued notice on a public interest litigation challenging the rule stating that only female candidates were eligible for B.Sc (Hons.) Nursing Course in Nursing colleges run by All India Institute of Medical Sciences (AIIMS), Delhi University and Guru Gobind Singh Indraprastha University.A division bench of Acting Chief Justice Manmohan and Justice Mini...
Call Meeting Of All Cyber Crime Cells For Coordination In Dealing With Fraudulent Transaction Cases: Delhi High Court To MHA
The Delhi High Court has directed the concerned Joint Secretary of the Ministry of Home Affairs ("MHA") to call a meeting of Cyber Crime Cells in various states to ensure coordination while dealing with cases involving fraudulent transactions.Justice Prathiba M Singh said that there needs to be some coordination between Cyber Crime Cells of all police authorities in the country and ordered...
Plea To Transfer Case To Another Court Must Be Based On Reason, Not Apprehension Of An Over Sensitive Mind: Delhi High Court
The Delhi High Court recently dismissed a plea for transfer of matters pending before the Family Judge, Patiala House Courts to another court of competent jurisdiction, observing that apprehension underlying such pleas ought to be founded on reason and not merely an over sensitive mind. “While there is absolutely no doubt in the legal proposition that Justice must not only be done,...
Trademarks | When Examining For Registrability U/s 9 Or 11, Marks Ought To Be Viewed As A Whole: Delhi High Court
Justice C. Hari Shankar of the Delhi High Court recently held the mark “BHARAT with the device of brush” entitled to registration, observing that the Senior Examiner erred in invoking Section 9(1) of the Trade Marks Act (“TMA”) to refuse registration to the mark. “In invoking each of the clauses of Section 9(1), therefore, the Senior Examiner has erred in viewing...
Appellant Was Pursuing Review Petition In Good Faith, Delhi High Court Condones Delay In Filing Appeal Against ITAT Order
The Delhi High Court has condoned a 79-day delay in filing an appeal as a review petition was filed before the Income Tax Appellate Tribunal (ITAT).The bench of Justice Rajiv Shakdher and Justice Girish Kathpalia has observed that the time spent by the applicant while pursuing the review proceedings deserves to be excluded even under principles analogous to Section 14 of the Limitation...
Plea In Delhi High Court Against Rule Restricting Nursing Courses At AIIMS, DU And GGSIPU To Only Females
A plea has been filed in the Delhi High Court challenging the rule stating that only female candidates are eligible for B.Sc (Hons.) Nursing Course in Nursing colleges run by All India Institute of Medical Sciences, Delhi University and Guru Gobind Singh Indraprastha University.The plea has been moved by Indian Professional Nurses Association which is a non-governmental registered body...
Sale Of Counterfeit Goods Goes Against Public Interest, May Render Brand Completely Useless: Delhi HC Grants ₹11 Lakh Damages To Woodland
The Delhi High Court has observed that sale of counterfeit goods goes against public interest and may render a trademark or brand completely useless. Justice Prathiba M Singh made the observation while awarding Rs. 11 lakhs to Woodland as damages and costs in a trademark infringement suit against an entity selling counterfeit products using its registered trademark “Woodland.”“Such sale...
Delhi High Court Restrains Former ‘Bachpan’ Playschool Franchisee From Continuing Use Of Its Trademarks, Logo
Justice C. Hari Shankar of the Delhi High Court recently restrained a former franchisee of playschool ‘Bachpan’ from continuing to use its registered word and device marks, noting that the Franchisee Agreement between the parties expired in 2021. “The use, by the defendants, of the plaintiff’s mark, for running play schools, holding itself out to be a franchisee of the...
Delhi High Court Grants 'Dynamic+ Injunction' Restraining 45 Rogue Websites From Distributing Copyrighted Content Of Disney, Netflix & Others
Justice Prathiba M. Singh of the Delhi High Court recently granted an ex-parte ad-interim injunction in favor of content creators Universal, Warner Bros, Netflix, Paramount Pictures and Disney in a suit filed against rogue websites disseminating their copyrighted content. Taking cue from its earlier judgment in Universal City Studios LLC. & Ors. v. Dotmovies.baby & Ors., the...
Situs Of High Court For Appeal U/S 117A Of Patents Act Determined By “Appropriate Office” Under Patent Rules: Delhi High Court
Justice C. Hari Shankar of the Delhi High Court recently held that the situs of the High Court which would hear an appeal u/s 117A of the Patents Act would be determined by the location of the “appropriate office” in terms of Rule 4 of the Patent Rules. The observation came to be made pursuant to raising of an objection to territorial jurisdiction in an appeal filed u/s 117A(2)...
Writ Petition Maintainable If Insurer Disallows Claim De Hors Specific Policy Terms: Delhi High Court
Allowing a couple’s insurance claim in respect of travel bookings cancelled due to Covid-19 onset, the Delhi High Court recently held that a writ petition would be maintainable if the court finds that insurer has illegally repudiated the claim de hors specific terms of the policy. Observing that the court could exercise jurisdiction under Article 226 of the Constitution to enforce...