HIGH COURT MARCH 2024 WEEKLY ROUNDUP| Stories on Dolma Aunty Momos trade mark; Betting/ Spot Fixing Scandal; Mumbai Twin Blast; and more
A quick legal roundup to cover important stories from all High Courts this week.
Delhi High Court
Delhi High Court dismisses Bloomberg’s appeal against ADJ’s order to take down defamatory article against Zee Entertainment
“Appellants rushed to this Court without exploring the option of filing their reply to the application under Order XXXIX Rule 1 and 2 of the Civil Procedure Code, 1908 (‘CPC’) and/or application under Order XXXIX Rule 4 of the CPC for modification of the ex-parte ad-interim order.”
Delhi High Court dismisses petition to allow Overseas Citizen of India to participate in the International Maths Olympiad on behalf of India
“The courts have often held that having undertaken a chance at an examination, or in an interview, a candidate cannot later seek to question the rules applicable to that examination.”
Delhi High Court upholds maternity benefits of a contractual employee; Imposes costs on Delhi State Consumer Forum
Delhi High Court expressed surprise at GNCTD filing an appeal challenging the provision of benefits under the Maternity Benefit Act to a dedicated young woman who served in the Delhi State Consumer Forum for over five years on contractual basis considering their efforts to promote women’s interests, such as the Mukhyamantri Mahila Samman Yojna promising a monthly sum of Rs. 1,000 to adult women in Delhi, excluding tax-payers, government employees, or pensioners.
Delhi High Court: Complaint by Delhi Pollution Control Committee not authorized under Section 19 of Environmental Protection Act
As per notification No. S.O. 624(E) dated 03.09.1996, the Central Government authorized the Chairman and Member Secretary of the Delhi Pollution Control Committee (DPCC) to file complaints under Section 19 of the Environment (Protection) Act, 1986. However, the notification did not grant the authority for further delegation of power by the Chairman and Member Secretary to file such complaints.
Delhi High Court upholds Dolma Aunty Momos trademark; Cancels infringing trademark registration
The ruling sets a precedent for protecting established brands and upholding the integrity of trademark registration processes. The cancellation of the infringing trademark serves as a deterrent to potential trademark violators, emphasizing the importance of respecting intellectual property rights in commercial activities.
[RALEIGH v. RALLEYZ] Delhi High Court grants interim injunction to Swiss Bike Vertriebs for mark ‘RALEIGH’ in relation to bicycles
“Defendant’s mark ‘RALLEYZ’ is constituted in such a manner so as to phonetically sit remarkably close, if not together, and squeezed with, plaintiffs’ mark ‘RALEIGH’. It is clearly in the core zone of deceptive similarity, likely to cause confusion and likely to have an association with plaintiff’s mark.”
‘No coercive action to be taken’; Delhi HC directs DDA to stay demolition of Pakistani Hindu Refugee Camp at Majnu Ka Tilla
“A public notice dated 4-3-2024 is pasted in the area asking the residents of the Pakistani Hindu Refugee Camp to vacate the place by 6-3-2024, failing which Delhi Development Authority will demolish their Camp.”
Supreme Court Collegium recommends transfer of 2 Delhi High Court Judges
The Collegium on 13-03-2024 recommended the transfer to 2 Delhi High Court Judges namely- Justice Sanjeev Sachdeva and Justice V. Kameshwar Rao.
Use of “Dish” deemed non-infringing trademark; Delhi High Court rejects interim injunction against Prasar Bharti’s DD Free Dish
The word ‘DISH’ is a common English word which denotes Dish Antenna and cannot be described as a prominent or an essential feature of such nature so as to allow the plaintiff a monopoly over its use. The two products at dispute were “DD Free Dish” by Prasar Bharti (Doordarshan) and “Dish TV” by Dish TV India Limited.
Supreme Court upholds Delhi HC Judgment granting 1 mark to judiciary aspirant due to changed answer in DJS-2023
The Petition candidate got 160.25 marks in the DJS preliminary examination however, last cut off was 160.75 marks.
Merely writing the expression “Yes” cannot be considered a valid approval u/s 151 of Income Tax Act 1961: Delhi High Court
“The satisfaction arrived at by the prescribed authority under Section 151 of the Income Tax Act, 1961 (‘the Act’) must be clearly discernible from the expression used at the time of affixing its signature while according approval for reassessment under Section 148 of the Act.”
Delhi High Court refuses divorce to husband on displaying constant reluctance towards reconciliation
Unfortunate are the matrimonial disputes where the fountain head of friction inter se the spouses is mere lack of adjustment, understanding and the will to stay together. These factors are the wheels of the chariot of a workable marriage and if either spouse becomes averse to move together and chooses to abandon the relationship, then extensive reconciliatory efforts by one spouse, would also not yield any results.
‘Not a case of innocent adoption’; Delhi High Court rules in favour of Hero Investcorp for mark ‘HERO’ in relation to engine oil
“The findings of the reports of the Local Commissioners also clearly indicate that defendants are actively involved in the sale, distribution, and manufacturing of counterfeit HERO Oil, thereby infringing upon plaintiffs’ registered HERO marks.”
[Money Laundering] ‘Cooperating with Investigating Agency by public figure is public service’; Delhi HC denies pre-arrest bail to Amanatullah Khan, MLA from AAP
“Being a public figure in politics, petitioner is first and foremost in the public service and it is natural that he will always have something or other happening in his constituency. It is for the public figure to find time and appear before the investigating agency, when so required as per the law.”
No form of mediation permissible in POCSO cases; Delhi High Court denies relief to father in POCSO case due to delay, child’s best interests
Delhi High Court issued a mandatory reminder, rather than a gentle reminder that it is essential to emphasise that in cases involving offences of serious nature, particularly those falling under the Protection of Children from Sexual Offences (POCSO) Act, no form of mediation is permissible.
Mother and father are equally entitled to recognition as child’s parents; Delhi HC directs GGSIPU to include mother’s name in degrees/certificates
“It would be clearly retrogressive if educational certificates, degrees and other such documents reflect the name only of the father of a candidate, eliminating the name of the mother.”
‘Right to use one’s name on one’s goods cannot be compromised’; Delhi HC denies injunction to Jindal Industries for mark ‘JINDAL’ against mark ‘RN JINDAL SS TUBES’
“The risk of having others bona fide using ‘JINDAL’ as a name for their products, and in the marks used on their products, is a risk that plaintiff consciously took, when it obtained registration of the mark ‘JINDAL’.”
HIGH COURT MARCH 2024 WEEKLY ROUNDUP| Stories on GOLD STEP v. GOLD FLAKE; Section 125 CrPC; Dear Jassi; Compassionate Appointment; Bail in Sexual Assault and more
A quick legal roundup to cover important stories from all High Courts this week.
Rape matters cannot be resolved through money or out of court settlements; Delhi High Court rejects quashing of rape FIR despite settlement
‘Money, it seems, is to be exchanged for getting a quietus to the present criminal proceedings for offence of rape—a proposition that is not only immoral but also strikes at the very core of our criminal justice system.’