Delhi High Court Orders Customs To Release 'Name Engraved' Gold Jewellery Of Indian Tourist

The Delhi High Court has ordered the Customs Department to release the gold kada of an Indian tourist, which was seized upon his return to the country after a visit to the Republic of Mali.Petitioner had argued that the jewellery was a personal effect, as evident from engraving of his first name on the same, and was thus exempted from duty.A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta ordered that the jewellery be released within four weeks.Petitioner had claimed that...

'No Terrorist Act Committed, Mere Presence At Protest Site No Ground To Invoke UAPA': Khalid Saifi Argues For Bail In 2020 Delhi Riots Case

United Against Hate founder Khalid Saifi, an accused in the 2020 Delhi riots 'larger conspiracy' case, on Tuesday (March 25) told the Delhi High Court that there was nothing to show that he committed any terrorist act or that he conspired to commit any terrorist activity. Senior Advocate Rebecca John appearing for Saifi submitted that mere presence at a protest site at a public place cannot be a ground to invoke the stringent UAPA. John was making rebuttal submissions in Saifi's bail plea before...

'Comedy Of Errors': Delhi HC On CESTAT Passing Contradictory Orders In Appeal Which Did Not Meet Its Pecuniary Jurisdiction

The Delhi High Court recently took a critical view of the Customs Excise And Service Tax Appellate Tribunal at New Delhi for repeatedly passing contradictory orders in an appeal, which should have been dismissed for want of pecuniary jurisdiction.“This order reveals a complete comedy of error…The petition reveals an unfortunate situation wherein the CESTAT while intending to correct an...

Delhi HC Awards ₹34.41 Lakh Damages To Japanese Automobile Tyres Manufacturer 'Bridgestone' Over Trademark Infringement By Indian Firm

The Delhi High Court has issued a permanent injunction in favour of the Japanese company, Bridgestone Corporation, against trademark infringement of its 'Bridgestone' mark by a similar business manufacturing tyres and tubes for automobiles under 'Brimestone' mark.Justice Amit Bansal awarded Rs. 34.41 lakh compensation to Bridgestone Corporation, noting that the defendant M/S Merlin Rubber wrongfully gained substantial financial benefits from the unauthorized sale of the infringing...

Execution Of Gift Deed After Arbitral Award Was Passed Indicates Attempt To Frustrate Rights Of Decree Holder, Not Bona Fide Conduct: Delhi HC

The Delhi High Court bench of Justice Manoj Jain has held that the execution of the Gift Deed by the petitioner after an arbitral award is passed suggests an attempt to frustrate the rights of the decree-holder. Also, the court held that the manner in which the Gift Deed has been executed by the parents clearly suggests that the sole objective was to somehow thwart and defeat the decree which has, reportedly, attained finality. Brief Facts of the case: The present dispute...

Delhi High Court Hints At Allowing Jailed MP Engineer Rashid To Attend Parliament, Tells NIA To Not Underestimate Powers Of Court, Speaker

The Delhi High Court on Tuesday hinted on granting permission to jailed Jammu and Kashmir MP Engineer Rashid to attend the second part of the parliamentary session, which will end on April 04, while being in custody. A division bench comprising of Justice Chandra Dhari Singh and Justice Anup Jairam Bhambhani reserved verdict on Rashid's plea after his counsel, Senior Advocate N Hariharan, submitted that he was not pressing for release on interim bail or custody parole and was only seeking...

Delhi High Court Upholds Arbitrator's Refusal Of Injunction Against Use Of Tagline "Jeeto Har DinZo" By Winzo Games

The Delhi High Court bench of Justice Subramonium Prasad has upheld the findings of the Arbitrator, who refused to grant an injunction restraining Winzo Games Private Limited (“Respondent”) from using the tagline “Jeeto Har DinZo” developed by Creativeland Advertising Private Limited (“Appellant”). Since there was no formal agreement fixing a price for the tagline and no claim of copyright infringement, the Appellant's claim was based solely on an alleged breach of confidentiality. The...

Availability Of Drug For Rare Diseases At Economical Prices Material Factor To Be Considered Before Restraining Via Interim Injunction: Delhi HC

The Delhi High Court has observed that availability of a drug for treatment of rare diseases at economical and competitive prices is a material factor to be considered for grant of interim injunction in an intellectual property right (IPR) lawsuit. “A drug which is the only one available for treatment in India, for a rare disease, its availability to the public at large at very economical and competitive prices, is a material factor which a Court will consider at the time of dealing with an...

X Corp Tells Delhi High Court That It Can't Be Compelled To Onboard SAHYOG Portal, Says It Has Own Mechanism To Take Down Unlawful Content

X Corp. (formerly Twitter) has told the Delhi High Court that it cannot be compelled to come on SAHYOG portal, which has been developed to bring together all authorized agencies and social media intermediaries on one platform for ensuring immediate action against unlawful online information. The portal aims at achieving a clean cyber space for Indian citizens by automating the process of sending take down notices to social media intermediaries. X Corp. has said that it has its own portal to...

Delhi High Court Seeks Centre's Response On Regulatory Mechanism To Ensure Taxi Apps Are Disabled Friendly Prior To Their Launch

The Delhi High Court has directed the Union Government to file a response on the regulatory mechanism in place to ensure that taxi applications are disabled friendly prior to their launch.“The respondent no.2/Ministry of Road Transport And Highways is directed to file an affidavit to place on record the regulatory mechanism that is in place to ensure that the application/s, such as the...

Delhi High Court Withdraws Judicial Work From Justice Yashwant Varma

Judicial work has been withdrawn from Delhi High Court judge, Justice Yashwant Varma with immediate effect in view of the controversy of alleged discovery of unaccounted currencies at the outhouse in his residential premises. A notice to this effect has been published on the official website of the Delhi High Court. “In view of recent events, the judicial work from Hon'ble Mr. Justice...

Court's Jurisdiction U/S 11(6) Of A&C Act Is Decided Under CPC When No Seat Or Venue Is Specified In Arbitration Agreement: Delhi High Court

The Delhi High Court bench of Justice Manoj Kumar Ohri has held that in the absence of a specified seat or venue in the Arbitration Agreement, the court's jurisdiction under Section 11 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) is determined by Sections 16 to 20 of the Civil Procedure Code, 1908 (CPC). The relevant factors include where the respondent resides or...