Delhi High Court denies interim injunction to Sun Pharma Laboratories for its drug ‘PANTOCID’
“Balance of convenience would, clearly not justify bringing the use, by the defendants, of the PANTOPACID mark to a complete halt, at this late stage.”
Delhi High Court
Mere absence of injuries cannot be a ground to hold that penetrative sexual assault did not take place: Delhi High Court
The Trial Court observed that the victim was very young at the time of the incident and minor contradictions could not be a ground to disbelieve her testimony.”
Air India Limited being a private entity is no longer amenable to writ jurisdiction: Delhi High Court
“The writ petition, while initially deemed maintainable, has since become non-maintainable due to the privatization of Air India Limited. This development has rendered it beyond this Court’s jurisdiction to issue any writ, order, or direction against the respondents.”
Delhi High Court launches ICT initiatives on Independence Day, 2023 in line with its aim to revolutionize the electronic legal ecosystem
The new I.C.T. initiatives focused on accessibility will be a huge step forward in addressing the accessibility demands of the digital environment and will open the door for other Courts to follow suit.
Delhi High Court restrains Hi Tech Private Limited from using the marks HTA or ARS-HTA
“there is no requirement, in law, of a mark having to be registered under the Trade Marks Act, 1999 and the fact of non-registration is, at best, an extremely weak ground on which user of the mark can be doubted.”
Selection Committee need not record reasons for its decision as long as due consideration was given to candidate’s merit: Delhi High Court
“The role of the Selection Committee is neither judicial nor adjudicatory. In the absence of any rule or regulation, there was no obligation on the Appointments Committee of the Cabinet (‘ACC') for providing reasons while passing the order regarding approval or non-approval of a candidate.”
Google’s use of trade marks as keywords for display of advertisements, amounts to ‘use’ under Section 29(6) of Trade Marks Act, 1999: Delhi High Court
“There is nothing illegal in seeking out internet users as targets for advertisements that they may find relevant. In brick-and-mortar world, there will be no question of infringement if customers looking for a product are also offered products of rival competitors”.
Delhi High Court directs Registrar of Trade Marks to remove Deal International’s mark ‘SHERRIN’ due to non-use and trade mark squatting
“The logo and style of writing of the mark ‘SHERRIN’ having been designed in Australia by Russell Corp Australia (P) Ltd., several years prior to the application filed by Ashok Mahajan, trading as Deal International, is also liable to be protected under the law of copyright.”
Delhi High Court takes suo motu cognizance of sexual assault on 3-year-old girl child by school cleaner in South Delhi
“The counsel for the respondent was directed to take all necessary measures to protect the identity and right to privacy of the girl child and that the media acts in compliance with Section 23 of Protection of Children from Sexual Offences Act, 2012.”
‘Right to conduct business is subject to reasonable restrictions’; Delhi HC dismisses plea to quash Northern Railways tender notification on new trains
“Engaging in opportunistic litigation undermines the fairness and credibility of the tendering process, creating an environment of unpredictability. Such practices must be strongly discouraged to ensure the integrity of the tendering system of procurement.”
Can Micro & Small Enterprises Facilitation Council entertain references to arbitration from ‘Medium Enterprises’ under MSMED Act, 2006? Delhi High Court analyses
The MSMED Act, 2006 is a beneficial legislation for Micro, Small and Medium Enterprises and ought to be construed in a manner that is beneficial to such enterprises.
Delhi High Court directs issuance of guidelines to address non-compliance of Section 195 of CrPC
“The concerned public servant should have prepared a complaint under Section 195 CrPC and the same should have been filed before the Magistrate or the same could have been forwarded along with the chargesheet to the concerned Court.”
POCSO| Delhi High Court dismisses petition to recall 7-year-old victim for cross examination; says repeated opportunities do not necessarily indicate fair trial
“While balancing the right of the accused to a fair trial and upholding the intent of the legislation, the courts are duty bound to remain sensitive to the plight of the seven-year-old sexual assault victim.”
“Unproven Extra-Marital Affair allegations do not constitute cruelty”; Delhi High Court sets aside Divorce Order
In the present case, though the wife had made allegation of extra-marital affair against her husband in her written statement, nonetheless, when the husband entered-into the witness box and tendered his affidavit in evidence, he did not whisper even a word in this regard.
Delhi HC directs Goldmines Telefilms to not upload audio-visual songs from 14 movies in copyright infringement case by Super Cassettes Industries
“The suit is filed in respect of exploitation of audio-visual songs from the movies, namely, Diljale; Main Aisa Hi Hoon; Vaastav; Bees Saal Baad; Ek Chaddar Maili Si; Guru; Hisaab Khoon Ka; Jungbaaz; Pati Patni Aur Tawaif; Pyaar Ka Mandir; Tahakla; Muddat; Indaniyat ke dushman; and Oonche Log.”
Delhi High Court issues directions to avoid medical negligence during MTP procedure in sexual assault survivors; Refuses bail
“When a minor seeks a medical termination of pregnancy, doctors must ensure that the process is conducted in compliance with the prevailing laws and regulations, with utmost sensitivity to the minor’s age and maturity level.”
Power to transfer proceedings between High Courts u/s 25 of CPC is exclusively vested in Supreme Court: Delhi High Court
“The Delhi High Court cannot exercise power to transfer proceedings between two separate High Courts as the said power of transfer between two High Courts, can be exercised in terms of Section 25 of the Civil Procedure Code, 1908, by only the Supreme Court.”
[Right to Health] Delhi High Court issues directions to ensure mental and emotional health of prisoners
It is time to ensure that a convict who leaves the correction home/prison is restored to the society as a law-abiding citizen who has repented his past conduct. This can be achieved only if the mental health issues of the convicts in prisons are recognized and attended to, rejecting the notion that this view is too idealistic.
[Glucon-D v Gluco-D] Delhi High Court restrains Cipla from using GLUCO-C and GLUCO-D for its energy drinks
Delhi High Court grants injunction against Cipla Healthcare from using the marks Gluco-C or Gluco-D either by themselves or as part of the marks Prolyte Gluco-C ++ or Prolyte Gluco-D ++ being deceptively similar to the plaintiff registered marks GLUCON-C or GLUCON-D respectively.
Superior court’s reversal/modification of a question of law forming the basis of a judgment cannot be a ground for review; Delhi HC reiterates
“In certain situations, it may be expedient to leave it to the arbitrator to determine the issue as to whether stamping is insufficient, and if so, the arbitrator will take recourse to Section 33 of the Stamp Act, 1889.”