Delhi High Court Weekly Round-Up: October 23 To October 29, 2023

Citations 2023 LiveLaw (Del) 1017 to 2023 LiveLaw (Del) 1032NOMINAL INDEXDr. Neena Raizada v. Medical Council of India through its Secretary & Ors. 2023 LiveLaw (Del) 1017Wills John v. Delhi Development Authority 2023 LiveLaw (Del) 1018The Commissioner Of Income Tax (International Taxation)-1, Delhi Versus M/S Bio-Rad Laboratories (Singapore) Pte. Ltd. 2023 LiveLaw (Del) 1019KAVI...

Relief To 'Prestige', Delhi High Court Restrains Manufacturers From Infringing Its Pressure Cookers Design

The Delhi High Court has temporarily restrained two manufacturers from selling or advertising “Paristone” pressure cookers bearing a design which is prima facie identical and infringes that of “Prestige” Svachh range of pressure cookers. Justice C Hari Shankar also restrained the manufacturers from using the trade dress “Paristone” for its mark which is almost identical to the...

Mother Of Malayali Nurse Sentenced To Death In Yemen Moves Delhi High Court Seeking Travel Permission To Negotiate 'Blood Money'

Mother of Nimisha Priya, an Indian citizen who killed a Yemen national and has been sentenced to death there, has moved the Delhi High Court seeking permission to travel to the foreign country to negotiate with the victim’s family by paying blood money.Justice Subramonium Prasad sought response of the Union Government and directed it to file a status report in the matter. The mother has...

Delhi High Court Grants Assessee An Opportunity To Adduce Evidence On Qualification, Experience, Work Profile Of Employees To Avoid Section 40A(2) Disallowance

The Delhi High Court has granted the assessee an opportunity to adduce appropriate evidence—documentary or otherwise—before the Assessing Officer in order to establish its claim regarding educational qualification, experience, work profile, and in particular the duties discharged by the concerned persons to justify the claim of the appellant or assessee qua payment of salary to the...

Delhi High Court Quashes Assessment Order Passed Before Expiry Of Time To File A Reply To The Show Cause Notice

The Delhi High Court has quashed the assessment order passed before the time to file a reply to the show cause notice expired.The bench of Justice Rajiv Shakdher and Justice Girish Kathpalia has observed that the show cause notice was issued on March 31, 2023, giving time to the petitioner or assessee to file its reply by May 5, 2023 (15:49 hours). The impugned order was passed on April...

Delhi HC Overrules Boehringer Decision, Says Divisional Application Under Patents Act Maintainable If Plurality Of Invention Disclosed In Specifications

While answering a reference, a Division Bench of the Delhi High Court comprising Justices Yashwant Varma and Dharmesh Sharma recently overruled the judgment passed by a Single Bench in Boehringer Ingelheim International GMBH v. The Controller of Patents.The decision came to be rendered in the context of Section 16 of the Patents Act, 1970. This provision allows filing of a further...

Delhi HC Upholds Notification Of Armed Forces Medical Service Refusing Allotment To Candidates Admitted/ Allocated Seat In MCC 3rd Counselling

The Delhi High Court recently refused to entertain an appeal challenging “last minute” notification of the Director General, Armed Forces Medical Services (AFMS) preventing candidates from participating in subsequent rounds of counselling, should they commence attendance at an institution or be allotted seats by the Medical Counselling Committee in the third round of counselling.The...

Delhi High Court Dismisses Plea Challenging Appointment Of IAS Nidhi Chibber As CBSE Chairman By Way Of ‘Bureaucratic Reshuffle’

The Delhi High Court has recently dismissed a petition challenging the appointment of Senior IAS officer Nidhi Chibber as the chairman of Central Board of Secondary Education (CBSE) by way of a “bureaucratic reshuffle.”Justice Chandra Dhari Singh rejected the plea moved by Independent School Federation of India alleging that Chibber did not fulfil the requisite terms and conditions...

Delhi High Court Restrains Flavoured Tea Brand From Making Fresh Manufacture In Chaayos’ Trade Dress, Orders Take Down Of Listings From Amazon

The Delhi High Court has restrained a flavoured tea brand, selling its products under the brand name “Teacurry” and “Just Vedic”, from making any fresh manufacture under the trade dress and packaging of the tea café “Chaayos.”Regarding the products that have already been manufactured under Chaayos’ packaging, Justice Prathiba M Singh directed the flavoured tea manufacturer to...

Right To Marry Person Of Choice Protected Under Constitution, Not Even Family Members Can Object: Delhi High Court

While granting police protection to a couple who got married against the wishes of their parents, the Delhi High Court has said that where the parties are major, their right to marry a person of choice is protected under the Constitution of India and even their family members cannot object to such relationship. Justice Tushar Rao Gedela observed that the couple’s right to marry cannot...

“Can Have Communal Overtones’: Delhi High Court Refuses Permission For Muslim Mahapanchayat Meeting On Oct 29

The Delhi High Court on Wednesday refused to grant permission to an organization to hold a public meeting (All India Muslim Mahapanchayat) at the Ramlila Ground on October 29. Justice Subramonium Prasad upheld the Delhi Police’s decision which revoked the permission granted to the organization for holding the meeting, observing that it cannot be held to be arbitrary. It was the police’s...

Delhi High Court Directs Dept. To Refund IGST On Telecommunication Services Rendered By Vodafone Idea To Foreign Telecom Operators

The Delhi High Court has directed the department to refund IGST on telecommunication services rendered by Vodafone Idea to foreign telecom operators (FTO).The Bench of Justice Vibhu Bakhru and Justice Amit Mahajan has observed that the predecessor of the petitioner (Vodafone India Ltd.) had prevailed before the Customs Excise and Service Tax Appellate Tribunal on the question of whether...