Delhi High Court Weekly Round-Up: October 02 To October 08, 2023

Citations 2023 LiveLaw (Del) 917 to 2023 LiveLaw (Del) 933NOMINAL INDEX PCIT Versus Pepsico India Holding Pvt. Ltd. 2023 LiveLaw (Del) 917 ADITYA N PRASAD v. GOVERNMENT OF NCT OF DELHI & ORS. 2023 LiveLaw (Del) 918 DOMINOS IP HOLDER LLC & ANR. v. MS DOMINICK PIZZA & ANR. 2023 LiveLaw (Del) 919 SUBHASHINI RATAN & ORS. vs LEGISLATIVE ASSEMBLY SECRETARIAT NCT OF DELHI & ORS. 2023 LiveLaw (Del) 920 DIVYAM AGGARWAL v. UNION OF INDIA & ANR m2023 LiveLaw (Del) 921 Shelly Oberoi v. Union of India 2023 LiveLaw (Del) 922 Abhishek SIngh v. Hon'ble High Court of Delhi 2023 LiveLaw (Del) 923 Sudershan Kumar Bhayana (Deceased) v. Vinod Seth (Deceased) 2023 LiveLaw (Del) 924 Harshita Gandhi v. Nimit Gandhi 2023 LiveLaw (Del) 925 SHRI RAMLEELA COMMITTE JANAKPURI & ANR. v. RISHU KANT SHARMA & ORS. 2023 LiveLaw (Del) 926 TARUN NARANG v. STATE (GOVT. OF NCT OF DELHI) AND ORS. 2023 LiveLaw (Del) 927 Pankaj Kumar Sharma v. GNCTD & Ors. 2023 LiveLaw (Del) 928 PRASHANT REDDY T v. CPIO, UNIQUE IDENTIFICATION AUTHORITY OF INDIA 2023 LiveLaw (Del) 929 STAR INDIA PVT LTD & ANR. v. YODESISERIAL.SU & ORS 2023 LiveLaw (Del) 930 AAKASH GOEL v. DEPARTMENT OF SOCIAL WELFARE DELHI GOVT and other connected matter 2023 LiveLaw (Del) 931 X v. Y 2023 LiveLaw (Del) 932 FRESH FRUIT FLOWERS AND VEGETABLES TRADERS ASSOCIATION v. DIRECTORATE GENERAL OF FOREIGN TRADE & ANR. 2023 LiveLaw (Del) 933EPF Contribution Paid Next Day After National Holiday, Delhi High Court Allows Deduction As Due Fell On National HolidayCase Title: PCIT Versus Pepsico India Holding Pvt. Ltd.Citation: 2023 LiveLaw (Del) 917The Delhi High Court has allowed the deduction for the employee’s contribution towards the provident fund as the due date fell on a national holiday.The bench of Justice Rajiv Shakdher and Justice Girish Kathpalia has observed that since the due date fell on a date that was a national holiday, the deposit could have been made by the respondent or assessee only on the date that followed the national holiday.Display 'Environmental Cost' Of Projects At Construction Sites: Delhi High Court To CentreTitle: ADITYA N PRASAD v. GOVERNMENT OF NCT OF DELHI & ORS.Citation: 2023 LiveLaw (Del) 918The Delhi High Court has directed the Union Government to ensure that the environmental cost of all projects, including the number of trees that are felled and location of compensatory plantation, is displayed at the construction sites.Justice Subramonium Prasad said that an officer not less than the rank of Joint Secretary in the Union Ministry of Urban Development should be made responsible to ensure compliance of the direction.[Trademark Infringement] Higher Degree Of Caution Required Where Marks Pertain To Food Items Or Eateries: Delhi High CourtTitle: DOMINOS IP HOLDER LLC & ANR. v. MS DOMINICK PIZZA & ANR.Citation: 2023 LiveLaw (Del) 919The Delhi High Court has observed that where the trademarks in a suit pertain to food items or eateries where food items are served, a “higher degree of care and caution” is to be observed.Observing that running an eating house using a mark which is deceptively similar to a reputed mark does not speak well for the enterprise concerned, Justice C Hari Shankar said:“The intent to capitalise on the reputation of a known and established brand, by using a mark which is deceptively similar to the mark used by the brand, can, in a given case, give rise to a legitimate apprehension of quality compromise by the imitator. Courts have, therefore, to be vigilant in ensuring that, where the marks relate to consumable items or to enterprises such as hotels, restaurants and eating houses where consumable items are served to customers, such imitative attempts are not allowed to go unchecked.”Delhi High Court Vacates Stay On Termination Of Delhi Assembly FellowsCase Title: SUBHASHINI RATAN & ORS. vs LEGISLATIVE ASSEMBLY SECRETARIAT NCT OF DELHI & ORS.Citation: 2023 LiveLaw (Del) 920The Delhi High Court on Tuesday vacated its interim order staying the decision of the Delhi Legislative Assembly Secretariat disengaging the services of Fellows and Associate Fellows under the Delhi Assembly Research Centre Fellowship Programme.Justice Subramonium Prasad noted that the Supreme Court in July had refused to stay the operation of the letter issued by Delhi Government’s Services Department directing the disengagement of the Fellows and Associate Fellows.Delhi High Court Dismisses Plea Seeking Ban On Display Of ‘Gross Images’ In Anti-Tobacco Ads In Cinemas, OTT PlatformsCase Title: DIVYAM AGGARWAL v. UNION OF INDIA & ANRCitation: 2023 LiveLaw (Del) 921The Delhi High Court has dismissed a petition seeking prohibition on the display of anti-tobacco health spots containing “graphic or gross images” during films in cinemas, TV or OTT platforms.Justice Subramonium Prasad observed that the graphic description given in the Government issued advertisements are meant to be “eye-openers for the people” to not use tobacco and tobacco products and therefore,...

Delhi High Court Weekly Round-Up: October 02 To October 08, 2023

Nupur Thapliyal

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