Delhi High Court Protects Personality Rights Of Telugu Actor Nagarjuna; Restrains Unauthorised Use Of His Name, Image

The Delhi High Court has passed an interim order protecting the personality rights of Telugu actor Nagarjuna Akkineni by restraining various entities from misusing his image, name, voice or other elements of his persona for monetary gains without his consent or authorization.Justice Tejas Karia restrained various websites and John Doe (unknown entities) restrained from violating the actor's personality or moral rights by directly or indirectly using or exploiting or misappropriating his name,...

Delhi High Court Flags Glitch In GST Portal Generating Notice For Personal Hearing After Decision On Appeal

The Delhi High Court recently came across a peculiar case relating to Input Tax Credit refund claim, whereby a notice for personal hearing was issued to the trader, after the Appellate Authority rejected its plea.A division bench comprising Justices Prathiba M. Singh and Shail Jain flagged the glitch in the Department's portal, which generated a personal hearing notice after the passage of...

Release U/S 436A CrPC Not Automatic Even When Offence Does Not Entail Death Penalty: Delhi High Court

The Delhi High Court has made it clear that release on bail under Section 436A of CrPC is not automatic even where the offence alleged does not entail death penalty.For context, Section 436A CrPC prescribes the maximum period for which an undertrial prisoner can be detained. It states that an accused (not booked for offence prescribing death penalty as one of the punishments), who has undergone detention for up to one-half of the maximum imprisonment specified for that offence, shall be released...

S.156(3) CrPC | Magistrate Cannot Direct Police To Register FIR Under Drugs & Cosmetics Act: Delhi High Court

The Delhi High Court recently quashed a FIR under the Drugs and Cosmetics Act, 1940— lodged by the Police at the direction of a Magistrate under Section 156(3) CrPC.Justice Neena Bansal Krishna held that violations under the Drugs and Cosmetics Act fall within exclusive domain of the Drugs Inspector and cannot be probed by the Police.Reliance was placed on Union of India vs. Ashok Kumare Sharma (2020), where having regard to the mandate of Section 32 of the Drugs Act and on a conspectus of...

After Delhi High Court Nudge, Customs Dept Finalises Amendments To Baggage Rules, Seeks Time For Infrastructure Upgrade

The Customs Department recently informed the Delhi High Court that the Draft Baggage Rules (amending Baggage Rules, 2016) have been finalized and are ready to be issued.A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta were further informed that the Department is awaiting upgradation of IT infrastructure, for effective implementation of the new rules.“Issuance of...

Delhi High Court Raps Rajasthan Police For Arresting Two Minors From Delhi Without Informing Local Police

The Delhi High Court today rapped the Rajasthan Police for arresting two minors from the national capital, without informing the Delhi Police.In Sandeep Kumar v. State (Govt. of NCT of Delhi) and Others, (2019), a division bench of the High Court had issued guidelines that must be followed by the police of one State, when they go to some other State or Union Territory, to effect an arrest.It mandates that before visiting the other State, the Police Officer must endeavour to establish contact...

Divorced Wife Entitled to Maintenance Under Section 125 CrPC Irrespective Of Ground Or Manner Of Divorce: Delhi High Court

The Delhi High Court has observed that a divorced wife is entitled to maintenance under Section 125 or CrPC, it respective of the ground or the manner of divorce. “….it is pertinent to observe that once a wife is divorced, she is per se entitled to maintenance under Section 125 Cr.P.C irrespective of the ground or the manner in which the divorce is taken,” Justice Neena Bansal Krishna said.The Court was dealing with a husband's plea seeking quashing of the maintenance petition filed by the...

Delhi High Court Restrains Man From Using 'Barbie' Trademarks, Orders Removal Of References From Social Media

Granting relief to Mattel Inc, the Delhi High Court has restrained a man from using “Barbie” trademarks in relation to commercial kitchen equipment, event management and catering services. Justice Manmeet Pritam Singh Arora restrained Padum Borah from using marks like Barbie, Barbie One Stop Solution For Horeca & Foods Processing, Barbie Enterprises, Barbie Hospitality, Barbie Catering, Barbie Kitchen Mart or any other deceptively similar variant of Mattel Inc's registered “BARBIE”...

Delhi High Court Restrains Rupa Publications From Selling 'Coat-Pocket' Edition Of Constitution In Trade Dress Similar To EBC's

The Delhi High Court has restrained Rupa Publications from publishing or selling its 'coat pocket' edition of the Constitution of India bare act, in a trademark infringement suit filed by Eastern Book Company (EBC).Justice Manmeet Pritam Singh Arora found the impugned edition's trade dress to be deceptively similar to EBC's “iconic” red and black style coat-pocket edition launched back in 2009.“The defendant has adopted a similar colour scheme, text and font, gilt edging, book posteen colour,...

Minor Not Labelling Sexual Acts As Forceful In Initial Statements Can't Exculpate Accused Under POCSO Act: Delhi High Court

The Delhi High Court has observed that the act of a minor victim not calling the sexual acts as forcible in her initial statements cannot exculpate the accused under the POCSO Act.While upholding the conviction of a 21 year old in a case of raping a 14 year old minor girl, Justice Sanjeev Narula said:“….even if the Prosecutrix did not characterise the sexual acts as forcible in her earliest accounts, or even described them as consensual in her MLC, such statements do not exculpate the...

Penalty Can Be Imposed On Courier Agency For Not Reporting Suspicious Consignment To Customs: Delhi High Court

The Delhi High Court has held that the Commissioner of Customs can impose a penalty on a courier service which fails to report suspicious consignments being sent or received from abroad.A division bench comprising Justices Prathiba M. Singh and Shail Jain observed that courier agencies have a responsibility to ensure that whenever there are any suspicious courier packets being delivered or...

Delhi High Court Fines Litigants ₹50K For Casting 'Mythical' Aspersions Against Judge

The Delhi High Court has fined two litigants for filing a transfer petition by “making and cooking up an imaginary story” and casting aspersions based on “misleading and mythical” assertions on a sitting trial court judge. Justice Saurabh Banerjee took a serious objection to the filing of the petition and dismissed it with a costs of Rs. 50,000 to be deposited with the Delhi High Court Bar Association Lawyers Social Security and Welfare Fund. The litigants sought transfer of a civil suit, in...