Delhi High Court Weekly Round-Up: February 13 To February 19, 2023

Citations 2023 LiveLaw (Del) 145 to 2023 LiveLaw (Del) 160NOMINAL INDEXSUNIL PODAR v. THE NATIONAL TRUST FOR WELFARE OF PERSON WITH AUTISM, CEREBRAL PALSY, MENTAL RETARDATION AND MULTIPLE DISABILITIES AND ANR. 2023 LiveLaw (Del) 145University of Delhi versus M/s Kalra Electricals 2023 LiveLaw (Del) 146HDFC Ergo General Insurance Co. Ltd versus Bindu Paswan & Anr 2023 LiveLaw (Del) 147HERMES INTERNATIONAL & ANR. v. CRIMZON FASHION ACCESSORIES PRIVATE LIMITED 2023 LiveLaw (Del) 148SANDEEP SINGH DESWAL v. STATE (GOVT. OF NCT OF DELHI) 2023 LiveLaw (Del) 149DABUR INDIA LIMITED v. ASHOK KUMAR AND ORS and other connected matters 2023 LiveLaw (Del) 150KENTUCKY FRIED CHICKEN INTERNATIONAL HOLDINGS LLC v. THE REGISTRAR OF TRADE MARKS 2023 LiveLaw (Del) 151ELSEVIER LTD. AND ORS. v. ALEXANDRA ELBAKYAN AND ORS. 2023 LiveLaw (Del) 152DB v. RB 2023 LiveLaw (Del) 153COURT ON ITS OWN MOTION v. UNION OF INDIA AND ORS 2023 LiveLaw (Del) 154Milan Saini v. Kamal Kumar & Anr. and other connected matters 2023 LiveLaw (Del) 155Ghanshyam Pandey versus Union of India & Anr. 2023 LiveLaw (Del) 156Jindal Exports and Imports Pvt Ltd vs. Director General of Foreign Trade & Ors. 2023 LiveLaw (Del) 157VED YADAV v. STATE OF NCT OF DELHI 2023 LiveLaw (Del) 158Master Arnesh Shaw v. Union of India & Anr. 2023 LiveLaw (Del) 159Sunil Kumar Chandra versus M/s Spire Techpark Pvt Ltd 2023 LiveLaw (Del) 160Foreign National Cannot Claim Vested Or Constitutional Right To Be Appointed As Guardian Of Person With Disabilities: Delhi High CourtTitle: SUNIL PODAR v. THE NATIONAL TRUST FOR WELFARE OF PERSON WITH AUTISM, CEREBRAL PALSY, MENTAL RETARDATION AND MULTIPLE DISABILITIES AND ANR.Citation: 2023 LiveLaw (Del) 145The Delhi High Court has observed that a foreign national cannot claim a vested or constitutional right to be appointed as guardian of a person with disabilities.A division bench of Chief Justice Satish Chandra Sharma and Justice Yashwant Varma was hearing a plea moved by a father whose adopted son has "severe mental retardation" with disability certified to be 90% disability.He challenged the validity of Rule 17(1)(iii)(a) of National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Rules, 2001 and Regulation 12(1)(i) of Board of Trust Regulations, 2012. The provisions allow only Indian citizens to be guardian of a person. The petitioner and his son are citizens of the USA but hold Overseas Citizenship of India cards.Clarification Sought By Arbitrator On Other Matters, Won’t Make Them Subject Of Arbitral Proceedings: Delhi High CourtCase Title: University of Delhi versus M/s Kalra ElectricalsCitation: 2023 LiveLaw (Del) 146The Delhi High Court has ruled that information and clarification sought by the Arbitral Tribunal on matters and dispute arising under other contracts, which do not form a part of the arbitral reference, will not alone make them the subject of arbitral proceedings.The bench of Justice Anup Jairam Bhambhani remarked that the letter issued by the Arbitrator, seeking information and clarification as to whether payments were released to the claimant under other contracts, which were not inter-related with the contract under consideration, was neither a direction nor an order made by the Arbitrator, and it was merely an effort to seek clarification on certain matters.Just Because A Driver Is Holding Valid Licence For LMV Doesn’t Mean He Is Authorised Or Competent To Drive A Two-Wheeler As Well: Delhi High CourtCase Title: HDFC Ergo General Insurance Co. Ltd versus Bindu Paswan & AnrCitation: 2023 LiveLaw (Del) 147The Delhi High Court has set aside the award passed by a Motor Accidents Claims Tribunal (MACT) where it had refused to grant recovery rights to the Insurance Company against the driver/owner of a two-wheeler involved in an accident.While rejecting the insurance company's argument that it is not liable to pay anything as the rider was not holding a valid licence to drive the two-wheeler, the MACT had said that a male person who is competent to drive a Light Motor Vehicle cannot be expected to be incompetent in driving a two-wheeler.Delhi High Court Declares Hermes International’s ‘H’ Mark As Well-Known TrademarkTitle: HERMES INTERNATIONAL & ANR. v. CRIMZON FASHION ACCESSORIES PRIVATE LIMITEDCitation: 2023 LiveLaw (Del) 148The Delhi High Court has declared the stylized mark - “H” - of Hermes International, a french luxury brand, as a well-known trademark within the meaning of section 2(1)(zg) of the Trade Marks Act, 1999.Justice C Hari Shankar observed that the criteria mentioned under section 11 (6) and (7) of the Act was satisfied in the matter to justify declaration of the mark as a well-known trade mark.LOC Can’t Be Issued In Routine Manner, Mere Suspicion Of Not Returning To India After Travel No Basis To Deny Permission To Travel Abroad: Delhi HCTitle: SANDEEP SINGH DESWAL v. STATE (GOVT. OF NCT OF DELHI)Citation: 2023 LiveLaw (Del) 149The Delhi High Court...

Delhi High Court Weekly Round-Up: February 13 To February 19, 2023

Nupur Thapliyal

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