Delhi High Court
Delhi High Court Passes Summary Judgment In Tata Power's Trademark Infringement Suit, Grants Dynamic Injunction Against John Doe Entity
The Delhi High Court recently passed summary judgment in favour of Tata Power in a suit filed against infringement of its trademarks, including Tata Power Solaroof and Tata Power EZ Charge.Justice Manmeet Pritam Singh Arora also granted dynamic injunction and permitted the company to implead and seek relief against any other John Doe entity found infringing its marks.Tata filed the suit...
'Disproportionate': Delhi High Court Quashes ₹12 Lakh Cost On Vi-John For Delay In Responding To Dabur's Trademark Infringement Suit
Granting relief to Vi John Healthcare in connection with a trademark suit filed against it by Dabur for alleged infringement of its Meswak toothpaste packaging, the Delhi High Court set aside a cost of ₹12 lakh imposed on the former by the trial court.The costs were imposed in view of the trial court's previous order that any delay by Vi John in filing its Written Statement shall only...
S.74 CGST Act | Consolidated SCN For Multiple Financial Years Necessary To Establish Wrongful Availment Of ITC: Delhi High Court
The Delhi High Court has held that consolidated show cause notice under Section 74 of the CGST is not only permissible but necessary, to unearth wrongful availment of ITC over a span of period.A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta observed,“The nature of ITC is such that fraudulent utilization and availment of the same cannot be established on most...
Process Patent | S.104A Of Patents Act Can Be Invoked At Interim Stage To Seek Disclosure Of Defendant's Process: Delhi High Court
The Delhi High Court has held that there is no bar on the invocation of Section 104A of the Patent Act 1970 at the initial stage of a suit, when the patent holder seeks disclosure of the defendant's process.For context, Section 104A prescribes that where the subject matter of a patent infringement suit is a 'process' for obtaining a product, the burden is on the defendant to prove that...
Recovered 'Ganja' Was Only Marginally Above Commercial Quantity, Rigours U/S 37 NDPS Act May Not Apply: Delhi High Court Grants Bail
The Delhi High Court has held that the rigour of Section 37 NDPS Act does not apply strictly in cases where the quantity of contraband recovered from an accused is only marginally above the prescribed commercial quantity.The applicant in this case was apprehended with a bag containing 21.508 kg of ganja.Section 37 states that bail should not be granted to an accused unless the accused is able...
Delhi High Court Denies Lenient Sentence To Three Police Personnel Accused Of Harrassing Colleague's Wife, Minor Niece
The Delhi High Court has refused leniency towards three Delhi Police personnel, all belonging to the same family, for committing sexual offences against a colleague's wife and 6-year-old niece.“The conduct of the Convict was persistent, who would regularly stand in the street and strip himself naked on seeing the Complainant and her niece. Such act of the Convict who was in Delhi Police,...
High Court Transfers ANI's Copyright & Trademark Infringement Suit Against YouTuber Mohak Mangal From Delhi Court To Itself
The Delhi High Court has transferred to itself the copyright and trademark infringement suit filed by Asian News International (ANI) against YouTuber Mohak Mangal before city's Patiala House Court.Justice Manmeet Pritam Singh Arora directed that the suit be tried along with ANI's defamation and disparagement suit against Mangal pending before the High Court on September 08. “Having...
Maintenance | Wife Can Seek To Summon Bank Authorities As Witness To Determine Husband's Real Income/Assets: Delhi High Court
Observing that it is not uncommon for husbands to suppress their real income in order to avoid paying maintenance to their wives, the Delhi High Court has held that a wife can seek to summon bank officials as witness to the husband's actual income/ assets.Justice Ravinder Dudeja thus allowed Petitioner-wife's plea against a Family Court order dismissing her Section 311 CrPC application to...
Mere Public Outcry, Media Coverage Can't Diminish Gravity Of Offence: Delhi High Court Denies Bail In POCSO Case
While denying bail to a man in a POCSO case, the Delhi High Court has observed that mere public outcry and media coverage of the incident cannot diminish the gravity of the offence. “Merely because there was public outcry and media coverage of the incident, gravity of offence does not get diminished,” Justice Girish Kathpalia said. The FIR was registered in 2016 for the offences under...
Delhi High Court Grants Interim Relief To Cordelia Cruises In Trademark Infringement Suit Against Rishikesh-Based Hotel
The Delhi High Court has granted an interim injunction in favour of luxury sea and ocean cruise operator 'Cordelia Cruises', restraining a Rishikesh based hotel from operating under a similar name.Justice Saurabh Banerjee restrained 'Cordelia Inn' from using the said mark, stating that merely adding a prefix/ suffix (Inn in this case) to an existing mark does not make the offending mark...
Delhi High Court Reprimands GST Dept For Raiding Lawyer's Office, Seizing Computer Over Client's Tax Case
The Delhi High Court has pulled up the GST Department for harassing a tax lawyer, by raiding his offices and seizing his files and electronic gadgets, in connection with alleged GST evasion by one of his clients.A division bench of Justices Prathiba M. Singh and Shail Jain observed that unless the Department has some material to indicate the lawyer's involvement in alleged tax evasion, it...
Will Expeditiously Notify Minimum Standards For Diagnostic Sample Collection And Transport Policy: Centre Tells Delhi High Court
The Central Government recently informed the Delhi High Court that it will expeditiously notify the minimum standards for diagnostic sample collection and sample transport policy. In an order passed on July 18, Justice Anish Dayal noted that that the minimum standards have been approved, are only awaiting the notification and that the process may be accomplished within the next three...