Delhi High Court
Judge's Refusal To Grant Adjournment Or Consolidate Connected Complaint No Ground For Case Transfer: Delhi High Court
The Delhi High Court has said that a judge's refusal to grant adjournment on dates sought or to consolidate connected complaint is not grounds for transferring the case to another judge.“Scheduling is an aspect of case management, and unless shown to be actuated by mala fides, it cannot give rise to a reasonable apprehension of partiality,” Justice Sanjeev Narula said.The Court dismissed...
Delhi High Court Issues Dynamic+ Injunction Protecting Copyrighted Works Of Global Entertainment Companies Including Universal City Studios
The Delhi High Court has issued a dynamic+ injunction protected the copyrighted works of various global entertainment companies, including Universal City Studios. Justice Manmeet Pritam Singh Arora restrained 106 rogue websites from hosting or streaming the cinematograph work or content in relation to which the entertainment companies have copyright or exclusive distribution rights. The...
Delhi High Court Restrains Websites Offering Repair Services From Infringing 'Samsung' Trademarks, Copyright
The Delhi High Court has restrained three websites offering repair services from unauthorizedly using logo, design and images pertaining to “Samsung”, resulting in infringement of the latter's trademarks and copyright. Justice Tejas Karia ordered that the access to the domains of the websites in question be locked or suspend or disabled. “This is a case where the adoption and use of...
Delhi High Court Closes Maggi's Trademark Infringement Suit After Utensils Manufacturer Undertakes To Stop Use Of 'Maggisun'
The Delhi High Court has closed a trademark infringement suit filed by Nestlé S.A., the parent company which manufactures “Maggi”, after it entered into a settlement with a company manufacturing utensils under the mark “Maggisun.”Justice Tejas Karia decreed the suit as the defendant, Shankeshwar Utensils & Appliances Private Limited, undertook that it will not manufacture or...
Mere Celebration Of Bail On Social Media No Ground For Cancellation Without Threat To Complainant: Delhi High Court
The Delhi High Court has observed that mere celebration of bail by an accused or his associates on social media is no ground for cancellation of such a relief, without there being specific threat to the complainant.While refusing to cancel bail of an accused in a house trespass case, Justice Ravinder Dudeja said:“The argument that the accused or his associates celebrated their release on...
Delhi High Court Grants Ex-Parte Interim Injunction In Mankind Pharma's Suit, Restrains 'Dickind', 'Lonokind', 'Fenkind' & 'Chimokind' Marks
The Delhi High Court has granted an ex-parte ad-interim injunction in favour of Mankind Pharma, in relation to its 'Kind' family of marks.Justice Tejas Karia restrained the defendant entity from using, till the next date of hearing, marks like 'DICKIND', 'LONOKIND', 'FENKIND' and 'CHIMOKIND'.The bench observed that the identity in the impugned marks is so close to Mankind's trademarks that...
Delhi High Court Grants Bail To Foreign National Booked For Drug Trafficking, Notes IO Admitted To Mixing Samples From Different Packets
The Delhi High Court has granted bail to a foreign national, incarcerated for over 4 years in connection with a drug trafficking case.In doing so, Justice Arun Monga noted that the Investigating Officer had himself admitted during cross-examination that the seized substance had been mixed before sampling, making it impossible to identify which packet the samples sent for testing came from...
Delhi High Court Orders Economic Offences Wing To Probe Alleged Forgery Of Customs Stamps At Airport
The Delhi High Court has asked the Economic Offences Wing of the Delhi Police to conduct an enquiry into alleged forgery of Customs stamps at the Delhi International Airport.A division bench comprising justices Prathiba M. Singh and Shail Jain passed the direction after the Department claimed that the Customs stamp on an air traveller's representations in connection with their seized...
'Acnestar' Phonetically Similar To 'Acnescar': Delhi High Court Rules In Favour Of Mankind Pharma In Trademark Infringement Suit
The Delhi High Court has restrained Maharashtra-based Brinton Pharmaceuticals from using the mark ACNESCAR, or any other mark which is confusing or deceptively similar to Mankind Pharma's ACNESTAR.A division bench comprising Justices C. Hari Shankar and Om Prakash Shukla observed that ACNESCAR is phonetically nearly identical to ACNESTAR and unless the two words are pronounced syllable...
Calling Off Marriage After Courtship Not Necessarily Breach Of Promise: Delhi High Court Grants Bail To Accused
The Delhi High Court has observed that calling off a marriage after the courtship period, after reasoned choice, cannot be termed as breach of promise to marry.Granting bail to a man in a case registered for the offence of sexual intercourse with a woman under a false promise of marriage, Justice Arun Monga said:“It seems to be an unfortunate case where two consenting adults entered into...
FIRC Need Not Match Each Transaction, Periodic Certificate Sufficient If Total Forex Benefit Proven: Delhi High Court
The Delhi High Court has held that a Foreign Inward Remittance Certificate (FIRC) need not correspond to each individual transaction and it may reflect a period as a whole, provided that the overall benefit being claimed is fully substantiated by the total foreign exchange remittance.FIRC is issued by bank as proof of international payments for exports.A division bench comprising...
Delhi High Court Refuses To Interfere With Rejection Of AAI's ₹9.34 Crore CENVAT Credit
The Delhi High Court has refused to interfere with an order of the GST authority rejecting CENVAT Credit to the tune of Rs.9.34 crores claimed by the Airport Authority of India.A division bench comprising justices Prathiba M. Singh and Shail Jain noted that the central authority had failed to furnish documents in support of its claim and said, “there is no jurisdictional error...