Delhi High Court sets aside arbitral award due to violation of S. 12(5) Arbitration Act
“It is well settled principle that unilateral appointment of Arbitrator is not permissible under the law”
Delhi High Court
Delhi HC restrains entities from infringing Jackie Shroff’s publicity and personality rights including his name, voice and image for commercial gains
The Court sought response from a content creator for a YouTube video titled “Jackie Shroff Is Savage (*) Jackie Shroff Thug Life” and viewed that restricting such creative expressions stifles freedom of expression, potentially deterring the public from exercising their right to free speech due to fear of legal repercussions.
Battle of Forms: Determining the Prevailing Terms in a Contract Formed by the Exchange of Forms
by Rajat Pradhan* and Deepshikha Bhati**
HIGH COURT MAY 2024 WEEKLY ROUNDUP| Stories on Baba Tarsem Singh Murder; Maternity Benefits for Third Child; Aaj Tak Sting Operation; PM Modi; and more
A quick legal roundup to cover important stories from all High Courts this week.
Delhi High Court initiates contempt against advocate for writing derogatory comments in chat box during virtual hearing
“Petitioner appears to have taken a wrong end of law, aggrieved against adverse orders passed by the Judicial Officers of the District Courts as well as this Court and cannot be permitted to cross the red line, thereby making personal attack on the Judges which undermines the integrity of the Institution.”
Delhi HC dismisses petition challenging auction for operating Janaushadhi Shop at Safdarjung Hospital under Pradhan Mantri Bhartiya Janaushadhi Scheme
The Delhi High Court opined that tendering authority has the power to determine the terms on which tender will be given, unless the terms are not arbitrary and discriminating, the Court cannot scrutinize them.
‘Worked on a higher post for more than 14 years’; Delhi HC quashes demand for recovery of differential higher salary paid after demotion
The Delhi High Court directed the respondents to consider releasing petitioner’s terminal benefits by taking into account the higher salary which he was drawing during the 14 years when he was working as a Research Officer.
Delhi High Court sets aside Assessment Order passed against Bausch and Lomb for violation of natural justice principles
It is wholly insufficient to proceed to make an addition on the basis that CBIC is an apex body and information provided by it cannot be doubted, without even analyzing such information.
[Karim’s v. Karin’s] Delhi High Court rules in favour of Karim’s trademark in infringement suit
“The Defendants have entirely imitated Plaintiff No. 1’s registered trademarks, replicating all aspects such as font of the letters, design of the logo, color scheme, size, style, and placement of letter and the taglines. Both the marks are also used for identical services.”
‘Seat of arbitration is the place where arbitral proceedings are anchored’; Delhi High Court rejects petition filed u/s 34 of Arbitration Act
The Delhi High Court says that the seat of the arbitration is to be determined based on arbitral proceedings and not with cause of action for underlying disputes.
Delhi High Court reverses acquittal of father for sexually assaulting his minor daughter
‘Victim would have thought that she would find monastery in the lap of her father, instead, he turned out to be a monster.’
Delhi High Court restrains franchisor to sell poor quality food items under the name of BURGER SINGH after termination of Franchise Agreement
Termination of Franchise Agreement will revoke respondent authorization to operate the franchise outlet, as well as obligating the respondent to cease the use of petitioner’s trademark.
[FMGE] Delhi High Court refuses provisional registration as medical practitioner due to criminal case pending for impersonation
The Petitioner is accused of a very serious offence of impersonation. It is the allegation that somebody else appeared on his behalf to take Foreign Medical Graduate Exam (FMGE).
Delhi High Court grants interim injunction in favour of Bulgari S.P.A for its design infringement of Serpenti Necklace by Amaris Flagship
The Court was prima facie satisfied that Amaris Flagship’s impugned “Shield-It Necklace” is visually and structurally similar, with similar colour combinations and placement of elements/ ornamentation, to Bulgari S.P.A.’s “Serpenti Ocean Treasure Necklace”.
Delhi High Court issues show cause to advocate for writing derogatory comments in chat box during virtual hearing
The petitioner, a practicing advocate, who was expected to maintain decorum placed comments in the chat box during the proceedings via video conferencing against the sitting judge and the proceedings being taken up by the Court.
Delhi High Court restrains Hindustan Unilever Limited from comparing ‘Ponds’ with ‘Nivea’, holds comparison to be misleading
The Delhi High Court opined that the law related to advertisements in any form — print, digital, or TVC will also extend to ‘in-mall’ marketing campaigns since it is a method of promotion and marketing of company’s product to a consumer.
Can the Court order disclosure of identity information of an Aadhaar cardholder? Delhi High Court answers
“Considering the facts of the present petition, this Court is of the considered opinion that interest of justice would be served if the information as sought by the petitioner is provided”
Delhi HC directs Chief Secretary to implement Committee recommendations to cure defects in current medical system to avail financial assistance
“To ensure the implementation of the said recommendations, this Court directs the Chief Secretary, GNCTD to convene monthly meetings till all the recommendations get implemented and action taken report shall be filed by the Chief Secretary, GNCTD on or before 15-10-2024.”
‘Cattle in dairies next to landfills feed on hazardous waste; their milk would have serious consequences on humans consuming’; Delhi HC issues directions for relocation of dairies
“The magnitude of the problem is humongous, which has been compounded by the abject failure of the concerned authorities and the respondents to take timely action, despite repeated directions of this Court.”
Supreme Court sets aside arrest and remand of NewsClick chief editor Prabir Purkayastha in UAPA case
The Right to Life and Personal Liberty is the most sacrosanct fundamental right guaranteed under Articles 20, 21 and 22 of the Constitution of India. Any attempt to encroach upon this fundamental right has been frowned upon by this Court in a catena of decisions