Delhi High Court
Once The Licence Is Revoked, Any Use Of The Trademark By Ex-Licensee Would Amount To Infringement: Delhi High Court
The Delhi High Court has held that once the licence is revoked by the licensor, any use of the mark by the ex-licensee would amount to an infringement of the trademark and would deceive the public, inasmuch as the public would be led to believe that the ex-licensee is still connected with the licensor. The bench of Justice Sachin Datta held that an ex-licensee cannot be allowed to use...
Delhi High Court Restrains Manufacturers From Using ‘Nilkranti’ Device Mark In Suit By ‘Nilkamal’, But Holds No Similarity Between Both Marks
The Delhi High Court has restrained two plastic chair manufacturers from using “Nilkranti” device mark or any other device mark which is confusingly or deceptively similar to the device marks of Nilkamal. Justice C Hari Shankar however rejected Nilkamal’s prayer in its trademark infringement suit to restrain the manufacturers from using “Nilkranti” as a word mark, either for chairs...
Mother Moves Habeas Corpus Plea In Delhi High Court But Refuses To Take Custody Of Minor Daughter Recovered Pregnant
A Division Bench of the Delhi High Court recently disposed of a habeas corpus petition, where the missing girl, a minor, was recovered but her parents/petitioner refused to take custody in view of her pregnancy.Notably, the petition was filed by the mother of the girl, seeking directions for her production before the court. It was alleged that a boy had lured the daughter away,...
Delhi High Court Orders KVS Student Who Failed In Maths Be Promoted To Class-XII, Considers Marks Obtained In Physical Education
Justice Anup Jairam Bhambhani of the Delhi High Court recently allowed a student of Class-XI to be promoted based on marks obtained by him in Physical Education, an additional subject, instead of Mathematics (which he had failed to qualify).The petitioner's grievance was that he had been denied promotion on the ground of Article 106 of the KVS Education Code (as amended in 2018), even...
Delhi High Court Restrains Telangana Based Hospital Chain From Using ‘Maxi Cure’ Mark In Trademark Infringement Suit By Max Healthcare
The Delhi High Court has restrained a Telangana based hospital chain from using the mark “Maxi Cure” for its healthcare services in a trademark infringement suit filed by Max Healthcare.Keeping in view the fact that since Maxi Cure Hospital was using the impugned mark for a hospital, Justice Prathiba M Singh clarified that the injunction shall come into effect only from February 01,...
PIL In Delhi High Court Objects To Synonymous Usage Of 'Dharma' And 'Religion' In Govt Records, Says Two Are Independent Concepts
BJP leader and Advocate Ashwini Kumar Upadhyay has filed a PIL before the Delhi High Court to distinguish between “Dharma” and “Religion” and seeking a direction on the Centre and Delhi Government to include a chapter on the subject in the curriculum of primary and secondary schools to “educate the masses and control the religion-based hatred and hate speeches.”The plea also...
High Court Directs Delhi Govt To Operationalize Within One Month Online Portal For Clearing Its Lawyers' Bills
The Delhi High Court has directed the Delhi Government to immediate take steps for operationalizing the Online Single Window System (OSWS) portal for clearing fee memos of its lawyers and for inaugurating the same within the one month.Justice Prathiba M Singh asked the Delhi Government to file a report regarding the functioning of the portal and listed the matter for hearing on March 07....
Unfortunate That PIL Jurisdiction Abused To Settle Personal Scores: Delhi High Court Imposes Rs.1 Lakh Cost On Litigant
A Division Bench of the Delhi High Court comprising the Chief Justice and Justice Tushar Rao Gedela recently dismissed the PIL filed by a party while suppressing relationship with the private respondent.“…this Court is of the firm opinion that the Petitioner has not approached this Court with clean hands… the Petitioner was certainly an interested person”, the court said.Keeping in...
Court Exercising Powers Under Section 34 Of The A&C Act Cannot Modify An Arbitral Award: Delhi High Court Reiterates
The Delhi High Court has reiterated that the Court exercising powers under Section 34 of the A&C Act cannot modify an arbitral award. It held that the Court can either uphold the award or set aside any finding, however, the Court is powerless to modify the award by allowing a relief that was disallowed by the arbitral tribunal. The bench of Justices Yashwant Varma and Dharmesh...
CENVAT Credit Refund Can’t Be Denied In Absence Of Self-Assessed Return Having Been Questioned, Reviewed Or Re-Assessed: Delhi High Court
The Delhi High Court has held that a CENVAT credit refund cannot be denied in the absence of the self-assessed return having been questioned, reviewed or re-assessed.The bench of Justice Yashwant Varma and Justice Dharmesh Sharma has observed that a self-assessed return also amounts to an “assessment” and unless it is varied or modified in accordance with the procedure prescribed under...
Denial Of Arbitration Clause In Reply To Arbitration Notice Can’t Disentitle A Party To Invoke Section 8 Of The A&C Act In A Suit : Delhi High Court
The Delhi High Court has held that Section 8 of the A&C Act is mandatory in nature meaning thereby that the Court is bound to refer the dispute to arbitration when there exists a valid arbitration agreement between the parties and the respondent makes an application for reference to arbitration before submitting its written statement before the Court. The bench of Justices...
Can Debts Recovery Tribunal Entertain A Claim For Less Than Rs.10 Lakhs Under SARFAESI Act? Delhi High Court Answers
The Delhi High Court recently held that DRT cannot entertain a claim for an amount less than Rs.10 lakhs under the SARFAESI Act. A Division Bench comprising Justices Vibhu Bakhru and Amit Mahajan added that the SARFAESI Act's remedy under Section 13(10) cannot be availed by a bank independent of the provisions of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act), and the pecuniary...