Delhi High Court
Mental Health: Delhi High Court Issues Directions To Authorities For Protecting 'Mental Integrity, Soundness Of Mind' Of Prisoners
The Delhi High Court has issued a slew of directions to the authorities for ensuring protection of mental and emotional health of the prisoners, observing that while imprisonment restricts the right to liberty, it does not restrict the human rights of convicts. “It is time to ensure that a convict who leaves the correction home/prison is restored to the society as a law abiding citizen who...
POCSO Act Is Gender Neutral, Misleading To Argue ‘It Is Gender-Based Legislation And Is Being Misused’: Delhi High Court
The Delhi High Court has observed that the Protection of Children from Sexual Offences Act, 2012, is a gender-neutral legislation and that it is insensitive to argue that the law is being misused.While dealing with a POCSO case where the accused submitted that the enactment is a gender-based law and therefore is being misused, Justice Swarana Kanta Sharma said:“To say the least, POCSO Act...
Delhi High Court Awards Rs 5 Lakh Cost To Sun Pharma In Its Trademark Infringement Suit Over ‘Oxiplat’ Mark
The Delhi High Court has awarded costs of Rs. 5 lakh to pharma company Sun Pharmaceutical Industries Limited in a trademark infringement suit filed by it over its registered mark “Oxiplat”, which is named after one of its drug preparations.The mark ‘Oxiplat’ was coined by Sun Pharmaceuticals in 2001. Since then, it has been used for medicinal preparations consisting of Oxaliplatin, a...
Revocation Petition Under Section 64 Of Patents Act Not A Suit Within Meaning Of Section 10 CPC: Delhi High Court
The Delhi High Court has ruled that a revocation petition under Section 64 of the Patents Act is not a suit within the meaning of Section 10 of the Code of Civil Procedure.Section 64 of the Patents Act provides various grounds for revocation of patents. On the other hand, section 10 of CPC deals with stay of a suit — it states that no court shall proceed with the trial of any suit in which...
Delhi High Court Restrains Goldmines Telefilms From Uploading Songs Of 14 Bollywood Movies In Copyright Infringement Suit By T-Series
The Delhi High Court has directed the production house Goldmines Telefilms to not upload songs from 14 Bollywood movies on YouTube after T-Series filed a suit for permanent injunction claiming copyright over the same.T-Series said that it owns prior assignment deeds in respect of the audio-visual works and the cinematograph films for the songs from movies like Guru and Vaastav, and that...
Courts Should 'Prioritize' PCPNDT Act’s Purpose Over Technicalities While Deciding Applications Seeking Condition Of Delay: Delhi High Court
The Delhi High Court has observed that courts should prioritize the purpose and objective of Pre-Conception and-Natal Diagnostic Techniques Act, 1994, while adjudicating the applications seeking condonation of delay in cases pertaining to the enactment. “The primary intent of PC&PNDT Act is to safeguard the rights of the unborn girl child and promote gender equality by curbing the misuse...
‘Unfortunate That Permanent State Mental Health Authority Not Constituted Till Date’: High Court Summons Delhi Govt’s Health Secretary
Observing that it is unfortunate that the permanent State Mental Health Authority under Mental Health Act, 2017, has not been constituted till date in the national capital, the Delhi High Court has asked Delhi Government’s Health Secretary to remain present before it on September 15. “It is made clear that in case the permanent State Mental Health Authority is constituted as per...
Whether An Agreement Is A Works Contract Or Not To Be Decided By Arbitrator For Applying MSMED Act: Delhi High Court
The Delhi High Court has held that an issue whether an agreement is in the nature of works contract and the consequent issue of applicability of MSMED Act to such contracts is to be decided by the arbitrator. The bench of Chief Justice Satish Chandra and Justice Saurabh Banerjee dismissed an LPA against the orders of a single judge bench holding that the single bench had...
Delhi High Court Restrains WOW Momo From Using ‘WOW China Bistro’ Mark In Trademark Infringement Suit By ‘China Bistro’
The Delhi High Court has temporarily restrained fast food chain WOW! Momo from using the mark “WOW China Bistro” in a trademark infringement suit filed by an entity that has been operating various restaurants under its registered mark “China Bistro.”Justice C Hari Shankar however clarified that WOW! Momo would be entitled to use the mark “WOW! CHINA” or “WOW! CHINA LIVE...
Ensure Settlement Deeds Are Drafted With Due Application Of Mind, Don't Use Printed Proforma: Delhi High Court To Mediation Centres & Family Courts
The Delhi High Court has taken serious objection against the drafting of settlement agreements in matrimonial cases by mediation centres on “printed proforma.”“This court while dealing with petitions of matrimonial quashing often comes across the settlement agreements being drafted by the Mediation Centres which are on a printed proforma. This court takes serious objection to it,”...
Delhi High Court Weekly Round-Up: July 31 - August 06
Citations 2023 LiveLaw (Del) 641 to 2023 LiveLaw (Del) 655NOMINAL INDEXSHABNAM v. GOVERNMENT OF NCT OF DELHI & ORS and other connected matter 2023 LiveLaw (Del) 641 J. VINUTHA v. ALL INDIA INSTITUTE OF MEDICAL SCIENCES - AIIMS & ANR. 2023 LiveLaw (Del) 642 SpiceJet Limited vs Kal Airways Pvt Ltd & Ors. 2023 LiveLaw (Del) 643 MONK ESTATES PRIVATE LIMITED & ANR. v. GOVERNMENT...
Arbitrator Cannot Add The Amount Of Pre-Reference Interest To The Principal Amount While Determining Pendente Lite Interest: Delhi High Court
The Delhi High Court has held that the arbitrator cannot add the amount of pre-reference interest to the principal amount while determining pendente lite interest as the same would amount to levying interest on a compounded basis. It held that the principal amount has to remain static throughout. The bench of Justices Yashwant Varma and Dharmesh Sharma held that Section 31(7)(a) of...