Electricity | Recipient Of Concession With No Vested Right Cannot Seek Continuation Of Waiver: Delhi High Court

A Division Bench of the Delhi High Court comprising the Chief Justice and Justice Sanjeev Narula recently dismissed a challenge brought against increase in Renewable Purchase Obligations (RPO) of Open Access Consumers and imposition of additional surcharges by DERC.“...the fixation of tariffs through subordinate legislation is within the commission's purview, and no manifest arbitrariness...

Delhi High Court Stays Summons Issued To Chief Minister Arvind Kejriwal’s Wife In Case Alleging She Holds Two Voter IDs

The Delhi High Court on Monday stayed a trial court order issuing summons to Chief Minister Arvind Kejriwal's wife Sunita Kejriwal in a case alleging she holds two voter IDs.Justice Amit Bansal issued notice on Sunita Kejriwal’s plea and stayed the trial court order till February 01, 2024, the next date of hearing. “Issue notice [in the petition]. In the meanwhile, there shall be a stay...

Veer Ji Malai Chaap Trademark Suit: Delhi High Court Holds Restaurant Owner Guilty Of ‘Subverting’ Injunction By Tweaking Name

The Delhi High Court has held a Meerut based restaurant owner guilty of disobeying a last court order which restrained him from having any online listing on Zomato or Swiggy using the name “Veer Ji Malai Chaap Wale” by “subverting” the injunction and using a different name “Veer Di Malai Chaap Wale.”“There was a specific direction to the defendant to remove the online listings...

[OREO v. FABIO] Specific Plea Of Invalidity, Tenable Grounds Essential To Challenge Validity Of Mark U/S 124 Trade Marks Act: Delhi High Court

The Delhi High Court recently rejected an application filed by “OREO” proprietor under Section 124 of the Trade Marks Act seeking permission to initiate rectification proceedings w.r.t. Parle’s “FABIO” mark registered in Class 30 (biscuits, cookies, etc.).It opined that for Section 124(1) to apply in a case where the plaintiff seeks to challenge the validity of the defendant’s...

Wife Making Unsubstantiated Allegations, Waging Legal War Against Husband And His Family Members Is Extreme Cruelty: Delhi High Court

The Delhi High Court has said that the wife making serious and unsubstantiated allegations against the husband and waging a legal war against him by implicating him and his family members amounts to extreme cruelty towards spouse. A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna set aside a family court order and granted divorce to a husband on the ground of...

[Motor Accident] Insurer Liable To Meet Contractual Liability If It Undertakes To Compensate Insured Vehicle’s Owner: Delhi High Court

The Delhi High Court has observed that an insurance company is liable to meet the contractual liability where it undertakes to pay compensation on the death or injury suffered by the owner of the insured vehicle. Justice Navin Chawla said that as a general rule, the Insurance Company cannot be made liable to pay compensation under Section 163A or Section 166 of the Motor Vehicles Act, 1988,...

ITR-Filing Date Is Relevant For Calculating Section 143(2) Limitation And Not Defect-Removal Date: Delhi High Court

The Delhi High Court has held that once the return has been found to be valid and only a defect within the meaning of Section 139(9) of the Income Tax Act has been found, interest cannot be levied.The bench of Justice Rajiv Shakdher and Justice Girish Kathpalia has observed that if the date of the ROI originally filed on October 14, 2016 is taken into account, then the notices served on...

Plea For Premature Release Of Convicts Undergone Long Incarceration Must Not Be Dealt With Mechanically: Delhi High Court

The Delhi High Court has said that the application for premature release of convicts who have undergone long incarceration period must not be dealt with in mechanical and clerical manner. Justice Saurabh Banerjee observed that when the convict has undergone substantial and long period of incarceration, the eventual purpose of imprisonment, including the most serious offences, is reformative...

Delhi High Court Quashes Suspension Of License, Issued To Customs House Agent, Finding Order Illegal

The Delhi High Court has held that there was proper verification on the part of the Customs House Agent (CHA) with regard to the genuineness of the Importer-Exporter Code (IEC) as well as GSTIN.The bench of Justice Yashwant Varma and Justice Dharmesh Sharma observed that mere allegations that some other person was importing goods in the name of the importers, whose names were mentioned in...

Explain Pros And Cons Of Medical Termination Of Pregnancy To Rape Victims In Mother Tongue: Delhi High Court Directs Police, Medical Board

The Delhi High Court has directed the investigating officers of Delhi Police and medical board to explain the pros and cons of medical termination of pregnancy to the rape victims and her guardians (in case of minors) in mother tongue, be it Hindi or English language.“This Court orders that henceforth, in cases of medical termination of pregnancy in rape cases, the pros and cons of the...

Delhi High Court Weekly Round-Up: October 30 To November 5, 2023

Citations 2023 LiveLaw (Del) 1040 to 2023 LiveLaw (Del) 1062NOMINAL INDEXAjay Kumar v. The State NCT of Delhi 2023 LiveLaw (Del) 1040 COURT ON ITS OWN MOTION v. KENDRIYA VIDYALAYA SANGATHAN AND ORS and other connected matters 2023 LiveLaw (Del) 1041 PCIT Versus Qualcomm India Pvt Ltd 2023 LiveLaw (Del) 1042 CIT Versus Indus Towers Ltd. 2023 LiveLaw (Del) 1043 PERNOD RICARD INDIA...

Delhi High Court Declares “New Balance” And “NB” Trademarks Of US-Footwear Apparel Brand As 'Well-Known'

Justice Prathiba M. Singh of the Delhi High Court recently declared footwear and apparel brand New Balance’s marks as well-known. It was clarified, however, that there shall be no monopoly in the words “New” and “Balance” if used separately in respect of any other goods or services.“…the mark “NEW BALANCE” is a unique combination of two distinctive words i.e. “New”...