Delhi High Court
Person Kept In Judicial Custody Despite Issuance Of Release Warrants? Delhi High Court To Consider
In a habeas corpus petition filed seeking release of the petitioner/detenu from Tihar Jail, the Delhi High Court recently expressed dismay over continuing detention of the corpus, noting the contention that he had already been admitted to bail.“We are constrained to note that due to disputed status of cases against the petitioner, he has not been released and forced to stay behind...
Can't Expect Every Doctor To Know Distinction Between 'Aziwok' And 'Aziwake': Delhi High Court Grants Injunction In Favour Of Dr. Reddy's
Finding a prima facie case of infringement, the Delhi High Court recently granted injunction in favour of Dr. Reddy’s-AZIWOK against defendant’s AZIWAKE, noting that the minuscule difference between the two words was too slight to detract from the overall phonetic similarity between them.“To the ear of the consumer of average intelligence and imperfect recollection, it is, therefore,...
Can A Patent Office Assign A Patent Application Filed Before It To Another Patent Office? Delhi High Court Asks
Hearing a case where an application seeking grant of patent, filed before the Bombay Patent Office, was assigned to the Delhi Patent Office, the Delhi High Court on Thursday posed two interesting questions – (i) whether such practice was permissible, and (ii) if permissible, whether it precluded an unsuccessful applicant from filing an appeal before the Delhi High Court.Statedly, after...
IPD Rules Do Not Bar Taking Additional Documents On Record After Filing Of Reply Or Counter-Statement To Rectification Petition: Delhi High Court
The Delhi High Court has ruled that its Intellectual Property Rights Division Rules, 2022, do not contain any provision which bars taking additional documents on record after reply or counter-statement is filed by the respondent to the rectification petition.“The IPD Rules do not contain any provision which proscribes taking of additional documents on record, unlike the Original Side...
Will Can Be Suspected Only When Substantial Changes Are Introduced By Cuttings And Overwriting: Delhi High Court
The Delhi High Court has observed that only where it is found that there are substantial changes sought to be introduced to a Will by cuttings and overwriting on it, it can be open for the Court to conclude that the Will is suspect and has to be rejected.Justice Rekha Palli observed that the effect of cuttings and overwriting in a Will would always depend on the facts and circumstances of...
Constitute Committees To Supervise Implementation Of Pay Commission Recommendations On School Staff : High Court To Delhi Govt
The Delhi High Court has directed the Delhi Government to constitute two High Powered Committees to supervise implementation of recommendations prescribed in 6th and 7th Central Pay Commission (CPC) regarding payment of salaries and arrears to staff of private unaided schools and recognized private unaided minority schools in the national capital.Justice Chandra Dhari Singh ordered that...
Delhi High Court Restrains Kerala Based Furniture Store From Using ‘IKEA’ Mark In Trademark Infringement Suit
The Delhi High Court has restrained a Kerala based furniture store “Ikea Luxury Furniture” from using the mark “Ikea” either as a trademark or trade name on hoardings, including stationery, banners, handbills, and promotional materials.Justice Prathiba M Singh was dealing with a trademark infringement suit filed by multinational furniture company, Inter IKEA Systems BV. It...
AO Lacked Tangible Material To Form A Belief That Income, Chargeable To Tax Had Escaped Assessment: Delhi High Court Quashes Reassessment Notice
The Delhi High Court has held that AO did not have the tangible material on record that could have persuaded him to form the belief that income, otherwise chargeable to tax, had escaped assessment.The bench of Justice Rajiv Shakdher and Justice Girish Kathpalia, the AO, did not employ diligence while triggering the reassessment proceedings against the petitioner or assessee. Because AO...
Delhi Gymkhana Club Exigible To Tax Under Delhi Tax On Luxuries Act, 1996: Delhi High Court
The Delhi High Court has held that Delhi Gymkhana Club is exigible to tax under the Delhi Tax on Luxuries Act, 1996.The bench of Justice Yashwant Varma and Justice Ravinder Dudeja has observed that the Delhi Tax on Luxuries Act, 1996, as it stood during the assessment period in question, extended its application also to the provision of residential accommodation in a club and, in any case,...
Concealment Of Income Above Rs.50 Lakhs, Extended Period Of Limitation Would Apply: Delhi High Court
The Delhi High Court has held that an extended period of 10 years would apply in serious tax evasion cases where there was evidence of concealment of income above Rs. 50 lakhs.The bench of Justice Rajiv Shakdher and Justice Girish Kathpalia has observed that, as per the Memorandum, in “normal cases”, no notice was intended to be issued if 3 years had elapsed from the end of the relevant...
Delhi High Court Refuses To Extend Hospital Stay Of Amandeep Singh Dhall In Excise Policy Case, Asks Jail Authorities To Ensure Treatment
The Delhi High Court has refused to extend the duration of medical treatment of businessman and director of Brindco Sales Private Limited, Amandeep Singh Dhall, who is an accused in the excise policy scam case. Justice Swarana Kanta Sharma dismissed the pleas moved by Dhall in both the cases registered by Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) seeking extension...