Delhi High Court
Delhi High Court Directs BCD To Take Action Against Lawyer If Found Guilty Of 'Manufacturing' Order Purportedly Passed By IPAB
The Delhi High Court has directed the Bar Council of Delhi to take action against a lawyer if he is found guilty of "manufacturing" an order purportedly passed by the Intellectual Property Appellate Board (IPAB) in 2016.A division bench of Justice Suresh Kumar Kait and Justice Shailender Kaur however discharged the clients who engaged the lawyer to represent their case before the Board after...
Delhi High Court Weekly Round-Up: November 13 To November 19
Citations 2023 LiveLaw (Del) 1115 to 2023 LiveLaw (Del) 1141NOMINAL INDEXMadhu Sudan Sharma v. Omaxe Ltd 2023 LiveLaw (Del) 1115 Northern India Paint Colour and Varnish Co. LLP v. Sushil Chaudhary 2023 LiveLaw (Del) 1116 Madhu Sudan Sharma v. Omaxe Ltd 2023 LiveLaw (Del) 1117 Babu Lal and Anr. v. Cholamandalam Investment and Finance Company Ltd. and Anr. 2023 LiveLaw (Del)...
Reassessment Notice Severed At Old Address Despite Knowing Assessee’s New Address: Delhi High Court Quashes Assessment Order
The Delhi High Court has quashed the assessment order as the notice under Section 148 was improperly served as it was sent to the old address, despite the fact that the department was aware of the new address.The bench of Justice Rajiv Shakdher and Justice Girish Kathpalia has observed that no notice, under Section 143(2) of the Income Tax Act, was issued to the respondent or assessee...
Delhi High Court Says Contempt Action For Attack On Local Commissioners Maintainable As They Are An Extension Of Court
During the hearing of a criminal contempt case initiated in respect of a violent attack on Local Commissioners (LCs) out for inspection in 2014, a Division Bench of the Delhi High Court opined that LCs are an extension of the court, and as such, it had jurisdiction to initiate/continue contempt proceedings.Mr. Varun Goswami, acting as Amicus Curaie, submitted before the court that the incident...
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...