Delhi High Court
Writ Petitions Against Orders Passed By IPAB Must Be Decided By Single Judge: Delhi High Court
The Delhi High Court has ruled that the writ petitions challenging the orders passed by the Intellectual Property Appellate Board (IPAB) before its abolition in 2021 would have to be heard and decided by a single judge and not a division bench.Tribunal Reforms Act, 2021 abolished various Tribunals including India's Intellectual Property Appellate Board (IPAB) and assigned their functions to...
Interim Relief To TV Today, Delhi High Court Restrains Capital TV From Using ‘To The Point’ & ‘Special Report’ Marks For News Programmes
The Delhi High Court has restrained Capital TV news channel from using “To The Point”, “Halla Bol”, “Special Report”, “Black & White” and “Kismat Connection” in a trademark infringement suit filed by TV Today Network which runs India Today and Aaj Tak news channels.Justice Prathiba M Singh clarified that the individual words by themselves, which are part of the...
Delhi High Court Pulls Up Trial Court For Discharging Accused In Rape Case Based On Victim’s Polygraph Test
The Delhi High Court has pulled up a trial court in the national capital for discharging an accused in a rape case on the basis of the results of polygraph test conducted on the victim. Calling it erroneous, Justice Swarana Kanta Sharma said that the result of polygraph test at best could have been considered as part of the investigation and tested during the trial on the touchstone...
No Interim Maintenance To Wife U/S 24 Hindu Marriage Act Where Both Spouses Qualified And Earning Equally: Delhi High Court
The Delhi High Court has observed that where both the spouses are equally qualified and earning equally, interim maintenance cannot be granted to the wife under Section 24 of the Hindu Marriage Act.A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna said that the object of Section 24 is to ensure that during the matrimonial proceedings under the enactment, either...
FCRA License Suspension: Delhi High Court Allows Centre For Policy Research To Use 25% Of ‘Unutilized Funds’
The Delhi High Court on Monday allowed a plea moved by India’s leading think-tank Centre for Policy Research (CPR) seeking permission to utilise 25% of “unutilized funds” in the fixed deposits towards the payment of salaries of its employees. Justice Subramonium Prasad allowed the application moved by CPR in the petition against the suspension of its licence under Foreign...
Delhi High Court Orders Medical Examination Of Woman Seeking To Terminate Pregnancy After Deciding To Separate From Husband
The Delhi High Court on Monday directed All India Institute Medical Sciences (AIIMS) to constitute a medical board to examine a woman seeking medical termination of her 22 weeks pregnancy after she decided to separate from her husband by taking a divorce. Justice Subramonium Prasad observed that a Medical Board would be necessary for considering as to whether it would be safe for the woman...
Delhi High Court Directs Kendriya Vidyalaya Sangathan To Prepare ‘Vacancy Based Roster’ For Persons With Disabilities In Three Months
The Delhi High Court has directed the Kendriya Vidyalaya Sangathan (KVS) to conduct an audit of the total number of vacancies and prepare a “vacancy based roster” for recruitment of persons with disabilities within three months.A division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula said that the exercise be done as per Rule 11 of the Rights of Persons...
No Stamp Duty Is Payable On An Instrument Executed By, Or On Behalf Of, Or In Favour Of The Government, N.N. Global Not Applicable To Such Instruments: Delhi High Court
The Delhi High Court has held that no stamp duty is payable on an instrument which is executed by, or on behalf of or in favour the government. The bench of Justice Rekha Palli held that the recent judgment by the Constitution Bench of the Supreme Court in N.N. Global would have no application to an agreement executed by or on behalf or in favour of the government. It held that the...
Panel Consisting Of 5 Arbitrators Is Not Broad-Based, Party Can’t Be Compelled To Nominate : Delhi High Court
The High Court of Delhi has held that a panel consisting of only 5 arbitrators in not broad-based and the party drawing up such a panel cannot insist or compel the other party to nominate its arbitrator from such a narrow panel. The bench of Justice Rekha Palli held that it is incumbent upon the Court to appoint the arbitrator and constitute an impartial arbitral tribunal whenever...
Arbitration Clause Allowing One Party To Appoint 2/3rd Of Arbitral Tribunal Is Not Enforceable: Delhi High Court
The Delhi High Court has held that an arbitration clause wherein one of the contracting party has the power to appoint the 2/3rd members of the arbitral tribunal and compels the other party to choose its nominee arbitrator from a narrow panel of only 5 names is not enforceable in law. The bench of Justice Rekha Palli held that a narrow panel of 5 arbitrator with a further power to...
Level Of Tolerance Permitted For Confusion Among Customers In Pharmaceutical Products ‘Very Low’, Can’t Be Easily Condoned: Delhi High Court
The Delhi High Court has observed that the level of tolerance allowable for confusion among consumers is “very low” in pharmaceutical products which cannot be easily condoned.Justice Prathiba M Singh was dealing with a suit filed by Glaxo Group Limited seeking protection of the packaging and trade dress of its product name “Aufmentin” used for pharmaceutical and medicinal...
Delhi High Court Restrains Manufacturer From Selling Biscuits Under ‘Good Time Butter Cookies’ Mark In Suit By ‘Good Day’
The Delhi High Court has restrained a manufacturer from selling its biscuits under the mark “Good Time” or “Good Time Butter Cookies” or any other mark which is deceptively similar to Britannia’s Good Day biscuits.Justice Prathiba M Singh passed the order in favour of Britannia considering that it is a well reputed brand selling “Good Day Butter Cookies” “since such a long...