Use Of Full Name Not Mandatory To Avail Protection U/S 35 Trademarks Act: Delhi High Court

The Delhi High Court has held that the benefit of Section 35 of the Trade Marks Act 1999, which proscribes any injunction being granted against the use by the defendants of his/ her name as a trademark, is not restricted to use of full name by the defendant.“Section 35 places no such limitation,” observed a division bench of Justices C. Hari Shankar and Om Prakash Shukla.The Court was dealing with an appeal preferred by Vasundhra Jewellers Pvt. Ltd. seeking injunction against Vasundhara Fashion...

Dismissal Of Plea U/S 8 Of A&C Act Amounts To Res Judicata; S.11 Court Cannot Refer Parties To Arbitration: Delhi High Court

The Delhi High Court bench of Justice Purushaindra Kumar Kaurav, while dismissing a Section 11 petition under the A&C Act, observed that dismissing a Section 8 application under the A&C Act amounts to res judicata. The Section 11 Court cannot refer the parties to Arbitration if the order dismissing Section 8 is not set aside or interfered with. A Collaboration Agreement...

No Injunction Can Be Granted Against Defendant Using Their Name As Trademark Even In Cases Of Passing Off: Delhi High Court

The Delhi High Court has held that “no injunction can be granted even in the case of passing off against a defendant, restraining the use by her, or him, of her, or his, own name.”The division bench of Justices C. Hari Shankar and Om Prakash Shukla in this regard cited Section 35 of the Trade Marks Act, 1999 which proscribes any injunction being granted against the use by the defendants of her, or his, own name as a trademark, on the ground of infringement. Appellant (original plaintiff) had...

GST Dept Can't Probe Misuse Of GSTIN By Third Party, Power Lies With Economic Offences Wing: Delhi High Court

The Delhi High Court has made it clear that allegations of misuse of a trader's GST identification number by a third party cannot be probed by the GST Department.A division bench of Justices Prathiba M. Singh and Shail Jain observed,“Section 132 of the CGST Act, 2017 provides for certain offences which the GST Department can take cognizance of. However, the allegation here is that the...

'Can't Turn Blind Eye To Reformative Purpose Of Imprisonment': Delhi High Court Reduces 3-Month Sentence Awarded To POCSO Convict

The Delhi High Court has reduced the sentence of 3 months imprisonment imposed upon a POCSO convict after 10 years of trial, stating that it cannot “uproot” him from the society after a decade.Justice Amit Mahajan observed that while the Court is cognizant of the gravity of the offences however, it cannot turn a blind eye to the reformative and rehabilitative purpose of the...

Delhi High Court To Hear Next Week PIL Against LG Notification Allowing Police Officers To Depose Virtually

A PIL was mentioned before the Delhi High Court today against a notification issued by Delhi Lieutenant Governor (LG) VK Saxena declaring all police stations in the national capital as “designated places” for recording deposition of police officers through video conferencing.A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela listed the matter for hearing...

Delhi High Court Grants John Doe Order Awarding Dynamic Interim Injunction Protecting Tata Pay Trademark

The Delhi High Court has granted an ex-parte ad-interim dynamic injunction, protecting the trademark of Tata Group's payment solutions platform Tata Pay.Justice Tejas Karia restrained unknown entities from infringing the group's 'TATA' and 'TATA PAYMENTS' marks.Tata contended that Tata Digital Private Limited serves as its financial services arm, engaged in providing a wide range of...

Delhi High Court Upholds Vires Of S.193(9) BNSS On Further Probe, Says It Does Not 'Camouflage' Accused's Right To Default Bail

The Delhi High Court has upheld the constitutional validity of Section 193(9) of Bharatiya Nagarik Suraksha Sanhita, 2023, saying that the provision does not act as a camouflage to an accused's right to default bail. A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela dismissed a PIL filed by lawyer Yash Mishra which challenged the validity of Section 193(9)...

Conviction Of A Single Accused For Gang Rape Is Permissible If Other Accused Couldn't Be Apprehended: Delhi High Court

The Delhi High Court has held that a single person can be convicted for the offence of gang rape punishable under Section 376DA IPC (Section 70 BNS), even if the co-offender manages to escape trial.A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta while dealing with an appeal against conviction observed,“One of the arguments of the Appellant is also that as the...

Delhi High Court Monthly Digest: July 2025 [Citations 720 - 908]

Citations 2025 LiveLaw (Del) 720 to 2025 LiveLaw (Del) 908NOMINAL INDEXMINOR A THR HER MOTHER S v. STATE & ANR 2025 LiveLaw (Del) 720SANTOSH KUMAR SINGH v. STATE (GOVT. OF THE NCT) OF DELHI 2025 LiveLaw (Del) 721Amazon Technologies Inc v. Lifestyle Equities 2025 LiveLaw (Del) 722Rasiklal Mohanlal Gangani v. State & Anr. 2025 LiveLaw (Del) 723SHANKESH MUTHA v. UNION OF INDIA & ANR...

Delhi High Court Upholds Conviction Of Father For Repeatedly Raping 9-Yr-Old Daughter, Says Witnesses' Credibility Unshaken

The Delhi High Court has upheld the conviction and 10 year sentence of a father for raping his 9 year old minor daughter repeatedly every night in 2017.Justice Manoj Kumar Ohri said that the father was unable to shake the credibility of any of the witnesses who supported the prosecution case by thorough examination and did not point any fatal gaps in the prosecution case or explained the...

Delhi High Court Issues Notice On PIL Against Private Schools Forcing EWS Students To Purchase Expensive Books

The Delhi High Court on Wednesday (August 27) issued notice on a PIL alleging “systematic exclusion” of Economically Weaker Section (EWS) students from private schools in the national capital “through forced purchase” of expensive private publisher books and excessive school materials.A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela sought response...