Delhi High Court Passes John Doe Order, Restrains Infringement Of 'Tata' Trademarks

The Delhi High Court has passed a john doe order restraining the infringement of “Tata” trademarks, observing that repeated instances of duping of customers had occurred through domains that have claimed to offer fake dealerships or distributorships. Justice Amit Bansal said that the presence of trademark TATA along-with the word “dealerships” or “distributorships” or “consumer” had led innocent public to believe that they were official TATA websites and part with their hard-earned money.“Given...

Customs Act | Adjudicating Authority Can't Decline Refund Of Excess Duty In Presence Of CA's Certificate: Delhi High Court

The Delhi High Court has made it clear that the Customs authority cannot, in absence of some evidence, decline refund of excess duty paid by a trader when the latter furnishes certificates from a qualified chartered accountant in support of its case.A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta thus dismissed the Department's appeal against Nokia.Nokia sought refund of excess duty paid on import of mobile handsets. While the goods were exempted by the Central government...

'Jurisdiction Issue': High Court On YouTuber Mohak Mangal's Plea To Transfer ANI's Copyright & Trademark Infringement Suit From Delhi Court

YouTuber Mohak Mangal on Thursday moved the Delhi High Court seeking transfer of the copyright and trademark infringement suit filed by Asian News International (ANI) against him before city's Patiala House Court to the High Court.Justice Anup Jairam Bhambhani heard the matter briefly and questioned if the transfer plea could even be heard by him, because as per the Commercial Courts Act, the matter has to be heard by a division bench. This was after Advocate Siddhant Kumar appearing for ANI...

'Was Returning From Mecca': Delhi High Court Orders Customs To Release Woman's Gold Jewellery, Says 24 Kt Purity Not Grounds For Seizure

The Delhi High Court has ordered the Customs Department to release the gold jewellery which was seized from a Muslim woman while she was returning from a religious pilgrimage to Mecca.A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta observed that it is normal practice in our country for women to wear basic jewellery and the same cannot be seized by the Customs Department only on the ground that it is of 24 carat purity.“The Court has heard the parties and has considered...

Mandate Of Arbitrator Can Be Terminated For Delay In Passing Award Despite Absence Of Automatic Termination Clause In NSE Bye-Laws: Delhi HC

The Delhi High Court bench of Justice Jasmeet Singh has held that although the National Stock Exchange (NSE) Bye Laws do not provide for the automatic termination of the Arbitrator's mandate after the expiry of the time period stipulated under Bye Law 7(b) of the NSE Bye Laws, the mandate of the Arbitrator can be terminated by the Relevant Authority if the Arbitrator fails to pass the award within time thereby indirectly limiting the arbitrator's mandate. This shows that the intent and...

Amendment To Bring Additional Grounds U/S 34 Of A&C Act Is Maintainable If Objections Are Not Beyond Judicial Scrutiny Of Court: Delhi HC

The Delhi High Court bench of Justice Manoj Kumar Ohri while hearing amendment petition filed u/s 34 of the A&C Act observed that the omission to plead a ground of challenge in the original Section 34 petition pertaining to non-adherence to the mandatory procedure of Section 29A would not oust the jurisdiction of the Section 34 Court to scrutinize the same. The Court held that the amendments sought in the present application fall within the exceptions carved out by the Supreme Court...

Contract Clause Favouring Employer Over Contractor In Claiming Damages Are Deemed Knowingly Included If Not Challenged Before Tribunal: Delhi HC

The Delhi High Court bench of Justice Manoj Kumar Ohri has held that clauses of the contract giving an advantage to the employer over the contractor in claiming damages, if not questioned before the Arbitral Tribunal or at the time of formation or execution of the contract, cannot be questioned under section 34 of the Arbitration Act as the parties are deemed to have knowingly incorporated such clauses in the contract. Brief Facts: The present petition has been filed under section 34...

SC's Vijay Madanlal Judgment Doesn't Exempt Foreign Recipients Of Proceeds Of Crime From Scrutiny On Mere Contractual Legitimacy Of Transaction: Delhi HC

The Delhi High Court has made it clear that foreign recipients of proceeds of crime are not exempted from scrutiny under the Prevention of Money Laundering Act, 2002, on a mere ground of 'contractual legitimacy' of transactions.Justice Ravinder Dudeja thus rejected the plea of one Amrit Pal Singh, a resident of Hong Kong for the past 17 years, being probed by the Enforcement Directorate.As per facts, Singh's company received fraudulent foreign outward remittances amounting to USD 2,880,210...

Past Professional Relationship Creates Enough Bias To Terminate Arbitrator's Mandate U/S 14 Of A&C Act, Duration Is Immaterial: Delhi HC

The Delhi High Court bench of Justice Jasmeet Singh has held that if any person had any professional or supervisory relationship with the party to the Arbitration, such person cannot be appointed as an Arbitrator as per Entry 1 of the Seventh Schedule. It does not matter whether such a relationship existed over 17 years ago but the real test is whether such a relationship created a reasonable apprehension of bias. Accordingly, the mandate of the Arbitrator was terminated in the present...

Exclusive Jurisdiction Clause Prevails Over Arbitrator's Procedural Order In Determining 'Seat' Of Arbitration: Delhi High Court

The Delhi High Court bench of Justice Jasmeet Singh has held that an 'exclusive jurisdiction clause' in the arbitration agreement unequivocally denotes the 'seat' of arbitration. The court observed that any contrary determination made by the Arbitrator without the express written consent of the parties only relates to a 'venue' under Section 20(3) of the Arbitration and Conciliation Act, 1996. The Court therefore dismissed the Section 29A(5) petition due to lack of territorial...

Delhi High Court Rejects Income Tax Department's Appeal Against Thomson Press Over Alleged Transaction Of Property Below Circle Rate

The Delhi High Court has dismissed an appeal preferred by the Income Tax Department against Thomson Press (India) over the sale of a property in Noida back in 2013, allegedly at a price much lower than the prevailing circle rate.A division bench of Justices Vibhu Bakhru and Tejas Karia noted that the registered agreement to sell and payment of stamp duty with respect to the property transaction were already completed by the date when the circle rate of the area in question was enhanced.“In view...

Delhi High Court Refuses To Injunct Xiaomi From Using 'Find Device' Technology Over Alleged Patent Infringement

The Delhi High Court has ruled in favour of Xiaomi Technology India Private Limited in a patent infringement suit filed against its “find device” technology, which helps users to locate, lock or erase data from their lost or stolen devices.Justice Amit Bansal dismissed the interim injunction plea filed by Conqueror Innovations Private Limited in its patent infringement suit against Xiaomi. Conqueror Innovations alleged that Xiaomi's “find device” feature infringed its patented technology...