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The Court has a duty to ensure compliance with the principles of natural justice and when an award has been passed without complying with the mandatory principles of natural justice, this Court being the custodian of rights and liberties of parties must take its guard to correct the infirmities which have already been carried out.
In pharmaceutical patents, especially, additional care must be taken to ensure that, by being allowed to evergreen a patent beyond its expiry, the patent holder does not keep others, who may seek to deal in the patented product, out of the market. The ultimate sufferer, in such a situation, would be the ailing public, who seek access to the product.
None of the statements of the applicant led to any discovery of a ‘fact' in terms of Section 27 of the IEA.
by Vaibhav Garg† and Devansh Malhotra††
If the court were to find that the material which is likely to be broadcast or published already exists in the public domain and has existed as such for a considerable period without an objection having been raised, that too would detract from the right of the plaintiff to seek ad interim injunctive relief.
Article 246 read with List 1 Entry 2 of the Seventh Schedule of Constitution of India envisages Armed Forces of the Union of India and includes “Naval, Military and Air Forces; any other armed forces of the Union”
The plaintiff contended that the impugned platforms contained various features, such as the audio extraction feature, which are beyond the limited role of an intermediary specified under Section 79 (2)(a) of the IT Act, thereby disentitling the defendant from the 'safe-harbour' protection guaranteed to intermediaries under the IT Act.
Delhi High Court: In a bail application filed by the accused, Kapil Taneja, seeking bail for alleged offences under Sections 419, 420,
The Court held that the student cannot be granted admission in primary school for the academic year 2023-24 based on allotment letter issued for the academic sessions 2021-22 and 2022-23
Justice CD Singh expressed his deep dismay as to how a petition seeking reimbursement for only Rs. 51, 824/- has been pending since 16 years, and is being vehemently contested by the GNCTD.
Absence of cross-examination of witnesses resulted in gross miscarriage of justice. The omission of fair and proper trial is not only a violation of fundamental principles of judicial procedure and constitutional mandate but is also a violation of mandatory provisions of Section 304 CrPC
The Delhi High Court held that the use of mark “AIVVA” by Aivva Enterprises (P) Ltd. was phonetically similar to the mark “AIWA” of Aiwa Co. Ltd. and thus, caused confusion in the market. Therefore, the Court confirmed ex-parte ad interim injunction in favour of the mark “AIWA” in a trade mark infringement suit.
Grant of injunction in favour of the plaintiff company would cause irreparable injury to the Artist which cannot be compensated in monetary terms as he would be forced to continue with the contract of personal service even though mutual trust has been lost between parties.
The parties may choose to enter two different contracts covering the same transaction at different points of time, however, the purchase orders do not in any manner supersede the contract between the parties.
The Court directed the respondents to identify a place to feed the stray dogs in accordance with the guidelines laid down by the Courts, Supreme Court and AWBI.
Delhi High Court: In the present suit filed by the Plaintiff against Defendants and other parties who are unnamed, technically
Whether or not an employee should be permitted to retire in accordance with the Scheme in the event that the Scheme itself provides for retirement to become effective upon completion of the notice period. The VRS that was implemented by the Department is, in essence, an expression of the Department’s aim to prune the overstaffed positions.
The Court, while exercising powers under Section 11 of the Act, can refuse to refer the parties to arbitration only where “it is manifestly and ex facie certain that the arbitration agreement is nonexistent, invalid or the disputes are non-arbitrable, though the nature and facet of non-arbitrability would, to some extent, determine the level and nature of judicial scrutiny.”
Detaining Authority gravely erred in relying upon the illegible documents which is equivalent to non-placement of translated-RUDs in a language which the detenu understands, which consequently vitiates the ‘subjective satisfaction’ arrived at by the Detaining Authority.
The confessional statement was signed beyond the official hours in the office premises in the presence of only male witnesses.