Mankind Pharma Entitled To Higher Protection Over "Kind" Family Marks: Delhi High Court Orders Removal Of 'Unkind' Trademark

The Delhi High Court has held that pharmaceutical company Mankind Pharma Limited is entitled to higher protection for “Kind” family marks, while ordering removal of “Unkind” mark from the Register of Trademarks. Justice Tejas Karia observed that merely changing the first part of the Impugned Trade Mark and using the “distinguishing family name or characteristic” is likely to...

Misrepresentation Of Marital History Amounts To Suppression Of Facts, Renders Subsequent Marriage Voidable: Delhi High Court

The Delhi High Court has ruled that a misrepresentation of one's marital history is not a trivial omission but a clear suppression of facts going to the root of a marriage, which renders a subsequent marriage voidable under Section 12 of the Hindu Marriage Act.“Its concealment strikes at the very core of free and informed consent, rendering the marriage voidable under Section 12(1)(c) of...

'Yatra' Is A Generic Word, Can't Be Declared Well-Known Mark: Delhi High Court Denies Interim Injunction To Travel Company

The Delhi High Court has ruled that the word “Yatra” is a generic and descriptive word, over which no monopoly can be claimed by travel company Yatra Online Limited. Justice Tejas Karia said that though the mark 'YATRA' is dominant, but the travel company cannot claim monopoly over it as the same is generic and commonly descriptive for the service of travel and tourism.The Court dismissed...

Delhi High Court Orders Blocking Of Sci-Hub, Mirror Websites In India In Publishers' Copyright Infringement Suit

The Delhi High Court has ordered blocking of shadow library website Sci-Hub and its mirror websites in India in a copyright infringement suit filed by publishing houses Elsevier, Wiley and American Chemical Society.Justice Manmeet Pritam Singh Arora directed the DoT and Union Ministry of Information and Technical to issue a notification calling upon the various internet and telecom...

Delhi High Court Holds 12 Men Guilty Of Criminal Contempt For Assaulting Lawyers In Kolkata

The Delhi High Court has held 12 men guilty of criminal contempt for assaulting 11 lawyers appointed as Court Commissioners in Kolkata in 2015. A division bench comprising Justice Subramonium Prasad and Justice Harish Vaidyanathan Shankar imposed fine of Rs.2,000 on each of the Contemnors and sentenced them to undergo simple imprisonment for one day.Though all the contemnors tendered...

DHCBA Condemns Delhi LG Notification Allowing Recording Of Police Officials' Evidence From Police Stations

The Delhi High Court Bar Association (DHCBA) has condemned a notification issued by the Delhi Lieutenant Governor (LG) VK Saxena declaring video conferencing rooms in police stations as designated places for recording of evidence. The DHCBA has passed a resolution on August 22 saying that the notification issued on August 13 must be withdrawn as it is against the basic tenets of justice and...

'No Conscious Possesion': Delhi High Court Quashes FIR Against Man Who Carried Father's Cartridges From 1971 Indo-Pak War

The Delhi High Court has quashed an FIR registered under the Arms Act against a man who unknowingly carried cartridges belonging to his late father who served in the Indian Army in the Indo-Pak War in 1971, terming it “no conscious possession.”Justice Neena Bansal Krishna said there was no criminal intent on his part, that the presence of the cartridges was without his knowledge and he...

'How Can You Charge Customers Above MRP? Why Is Extra Amount Not Part Of Service Charge?' Delhi High Court Asks Restaurant Body

The Delhi High Court on Friday questioned the National Restaurant Association of India (NRAI) as to how the hotels and restaurants can charge customers for a food item over and above the MRP, and why the extra amount does not form part of the service charge- which is charged as a separate category.The query came from a division bench comprising Chief Justice DK Upadhyaya and Justice Tushar...

Woman Has No Right To Residence Under Domestic Violence Act After Divorce Unless Contrary Statutory Right Shown: Delhi High Court

The Delhi High Court has ruled that a woman has no right to residence under Section 17 of the Domestic Violence Act after the marriage is dissolved by way of a divorce unless a contrary statutory right is shown to exist. “Once the marriage stands dissolved by a valid decree of divorce, the domestic relationship comes to an end. Consequently, the substratum upon which the right of residence...

Bond Between Siblings Needs To Be Strengthened With Continuous Interaction When Parents Reside Separately: Delhi High Court

The Delhi High Court has ruled that the bond between siblings needs to be strengthened with continuous interaction especially when their parents are living separately due to matrimonial issues.“The bond between the siblings is required to be strengthened with continuous interaction, particularly when their parents are residing separately on account of marital discord,” a division...

Delhi High Court Passes John Doe Order In Favour Of 'Ghar Soaps', Directs E-Commerce Websites To Block Infringing Listings

The Delhi High Court has passed a john doe order protecting artistic rights of “Ghar Soaps”, a brand manufacturing natural and chemical free skincare products, in its suit against various unknown entities alleging trademark and copyright infringement over use of deceptively similar packaging. Justice Manmeet Pritam Singh Arora observed that the trademark 'GHAR SOAPS' has acquired...

Delhi High Court Issues Notice On Plea Challenging Appointment Of Ex-Railway Officials As Arbitrators In Railway Dispute

The Delhi High Court bench comprising Justice Amit Bansal has issued notice in a petition filed under Section 14 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”), seeking termination of the mandate of the Standing Arbitral Tribunal (“SAT”) constituted by the Union of India, West Central Railway (“Respondent”) in view of the ruling of the Supreme Court...