Delhi High Court Protects Personality Rights Of Journalist Sudhir Chaudhary, Orders Take Down Of AI & Deepfake Videos In 48 Hours

The Delhi High Court on Friday (October 10) passed an interim order protecting the personality rights of Journalist and Editor-in-chief of DD News Sudhir Chaudhary, who had sought relief regarding circulation of allegedly misleading and AI generated videos against him on social media.Justice Manmeet Pritam Singh Arora in her order noted that in addition to the links mentioned in suit, Chaudhary also wants to file additional links pertaining to deepfake videos on YouTube.The court thereafter...

Delhi High Court Drops Suo Moto Contempt Action Against Income Tax Officer For Allegedly Passing Unreasoned Order

The Delhi High Court has dropped the civil contempt proceedings initiated against a Principal Commissioner of Income Tax (now retired) six years ago, for alleged wilful disobedience of its order to give reasons for insisting an assessee to deposit 20% demand in appeal.The proceedings were initiated suo moto in 2019 on a prima facie opinion but on a closer scrutiny, Justice Vikas Mahajan now found that the Respondent's order though brief, was not bereft of reasons.“Such reasons are brief and not...

[Finance Act] Retrospective Abolition Of ITSC Doesn't Nullify Settlement Applications Filed Between Feb 1 To Mar 31, 2021: Delhi High Court

The Delhi High Court has held that the Finance Act 2021, which retrospectively abolished the Income Tax Settlement Commission (ITSC), responsible for enabling compromise between the state and its tax payers, cannot create a void.For context, the Finance Act 2021 envisaged replacing the ITSC with a body known as the Interim Board of Settlements from 01.02.2021. However, the Act came into force on 01.04.2021.Thus, the question before the Court was whether settlement applications made in the...

Delhi High Court Asks GST Appellate Tribunal To Examine 'Profiteering' Allegations Against Tata Play

The Delhi High Court recently asked the GST Appellate Tribunal to re-look into the profiteering allegations levelled against DTH services provider Tata Play.The direction was made by a division bench comprising Justices Prathiba M. Singh and Shail Jain while dealing with the company's appeal against the show cause notice and consequential order passed against it by the erstwhile National AntiProfiteering Authority (NAPA).Section 171(2) of the GST Act provided for the constitution of NAPA but...

Delhi High Court Refers To Arbitration Dispute Over Rights In Parabhas-Starrer 'The Raja Saab'

The Delhi High Court has referred to arbitration the dispute between People Media Factory Private Limited and IVY Entertainment Private Limited over rights in the Telugu film “The Raja Saab” starring actor Prabhas.Justice Tejas Karia noted that both the companies, by mutual consent, agreed to refer their suits concerning copyright and IPR in the film to arbitration after entering into an Arbitration Agreement on September 26. PMF is engaged in the business of production of cinematographic...

Delhi High Court Flags Lack Of Criteria For Assessing 'Inventive Step' Under Patents Act; Says Patent Office Decisions Often Subjective

The Delhi High Court today raised concern over the office of the Controller General of Patents, Designs and Trade Marks “routinely” deciding applications for registration of patents, amid lack of any set criteria to assess 'inventive step' under the Patents Act, 1970.In order to be patentable, an invention has to demonstrate an inventive step in its creation, vis-à-vis earlier inventions/ prior art. Any product or process which is “obvious” when compared to prior art, is not patentable.The Court...

Delhi High Court Issues Dynamic+ Injunction Protecting Copyrighted Works Of Global Entertainment Companies Including Universal City Studios

The Delhi High Court has issued a dynamic+ injunction protected the copyrighted works of various global entertainment companies, including Universal City Studios. Justice Manmeet Pritam Singh Arora restrained 106 rogue websites from hosting or streaming the cinematograph work or content in relation to which the entertainment companies have copyright or exclusive distribution rights. The Court directed the DNRs to lock or suspend the rogue websites in question and further ordered the internet...

Delhi High Court Restrains Websites Offering Repair Services From Infringing 'Samsung' Trademarks, Copyright

The Delhi High Court has restrained three websites offering repair services from unauthorizedly using logo, design and images pertaining to “Samsung”, resulting in infringement of the latter's trademarks and copyright. Justice Tejas Karia ordered that the access to the domains of the websites in question be locked or suspend or disabled. “This is a case where the adoption and use of the Impugned Websites, containing the well-known Mark 'SAMSUNG' is dishonest and a calculated attempt intended to...

Delhi High Court Orders Economic Offences Wing To Probe Alleged Forgery Of Customs Stamps At Airport

The Delhi High Court has asked the Economic Offences Wing of the Delhi Police to conduct an enquiry into alleged forgery of Customs stamps at the Delhi International Airport.A division bench comprising ​​justices Prathiba M. Singh and Shail Jain passed the direction after the Department claimed that the Customs stamp on an air traveller's representations in connection with their seized gold was fake.When an air traveller makes a representation to the Customs, the Department returns a receipt...

FIRC Need Not Match Each Transaction, Periodic Certificate Sufficient If Total Forex Benefit Proven: Delhi High Court

The Delhi High Court has held that a Foreign Inward Remittance Certificate (FIRC) need not correspond to each individual transaction and it may reflect a period as a whole, provided that the overall benefit being claimed is fully substantiated by the total foreign exchange remittance.FIRC is issued by bank as proof of international payments for exports.A division bench comprising ​​justices Prathiba M. Singh and Shail Jain observed,“FIRCs need not match transaction by transaction and could even...

Delhi High Court Refuses To Interfere With Rejection Of AAI's ₹9.34 Crore CENVAT Credit

The Delhi High Court has refused to interfere with an order of the GST authority rejecting CENVAT Credit to the tune of Rs.9.34 crores claimed by the Airport Authority of India.A division bench comprising ​​justices Prathiba M. Singh and Shail Jain noted that the central authority had failed to furnish documents in support of its claim and said, “there is no jurisdictional error or arbitrary exercise of power in the passing of the adjudication order which warrants interreference under writ...

Claims Raised After Commencement Of Insolvency Proceedings Stand Extinguished, Not Amenable To Arbitration: Delhi High Court

The Delhi High Court Bench of Justice Jyoti Singh has observed that claims which are not a part of the Resolution Plan on the date of approval, shall stand extinguished and no person will be entitled to arbitrate such claims. Put differently, post-insolvency commencement date claims which are not made a part of the Resolution Plan are not arbitrable. Facts The present petition was filed by the Petitioner under Section 34, Arbitration and Conciliation Act, 1996 (“ACA”) challenging...