Delhi High Court Dismisses Review Of Suppression Findings In Trademark Suit, Says Advocate Cannot Shift Duty To Junior

The Delhi High Court has dismissed a review petition filed by the counsel on record for Celagenex Research (India) Pvt. Ltd. against its earlier findings that two material documents had been wilfully suppressed in the plaint filed in a trademark suit over the mark 'RewireX'. The counsel sought a review in his personal capacity, arguing that the documents had not been brought to his attention by the company.The court held that a filing counsel cannot avoid responsibility for ensuring full...

Centre Failed To Curb Fraudulent GST Registrations Using Innocent Citizens' PAN and Aadhaar: Delhi High Court

The Delhi High Court has observed that the Central government has failed to curb the practice of obtaining fraudulent GST registrations by misusing the PAN and Aadhaar details of innocent citizens, despite nearly nine years having elapsed since the enforcement of the Central Goods and Services Tax (CGST) Act, 2017.The Division Bench of Justices Anil Kshetarpal and Shail Jain made the observation while considering petitions alleging fraudulent GST registrations obtained using the PAN and Aadhaar...

Expiry Of Original 6-Month Period No Ground For Release If Customs Validly Extends It: Delhi High Court

The Delhi High Court on 2 September held that expiry of the initial six-month period under Section 110(2) of the Customs Act, 1962 does not by itself entitle a person to release of seized goods where the period has been validly extended and a Show Cause Notice is issued within the extended period. A Division Bench of Justices Anil Khetarpal and Shail Jain dismissed a petition seeking release of nine gold bars and one gold chain detained by Customs authorities at Delhi airport from the...

Delhi High Court Refuses Writ Against Gold Confiscation, Cites Disputed Facts And Revision Remedy

The Delhi High Court has refused to entertain a writ petition challenging the absolute confiscation by Customs authorities, holding that disputes concerning the alleged oral show-cause notice and waiver of personal hearing involve disputed questions of fact which should be examined by the statutory revisional authority.The Division Bench of Justices Anil Khetarpal and Shail Jain observed that although the existence of an alternative remedy does not completely bar the High Court's jurisdiction...

Delhi High Court Refuses To Cancel Fitship's 'FITFEAST' Mark, Says ASR Failed To Prove Standalone Use

The Delhi High Court on 31 August dismissed a rectification petition filed by ASR Market Ventures, the company behind FITPASS, against Fitship Private Limited's registered FITFEAST trademark for its protein snack range. Justice Jyoti Singh also refused ASR's plea for an interim injunction in its connected passing off suit against Fitship. She held that ASR could not establish goodwill in FITFEAST as a standalone mark. The Bench observed: “The documents demonstrate that ASR has been...

Rights Under Art. 300A Can't Bypass Customs Proceedings For Release Of Seized Goods: Delhi High Court

The Delhi High Court on 3 September held that reliance on Article 300A of the Constitution, which protects a person's property rights, cannot by itself entitle a person to unconditional release of property when statutory proceedings under the Customs law are underway. A Division Bench of Justices Anil Khetarpal and Shail Jain made the observation while dismissing a petition filed by Nahid Zakiya through SPA Mohammad Uzair seeking the return of a 58-gram gold chain detained by Customs...

Customs Seizure Cannot Be Set Aside Merely For Want Of Written Show-Cause Notice Delhi High Court

The Delhi High Court on 2 September held that the absence of a separate written show-cause notice under Section 124 of the Customs Act, 1962 does not by itself warrant unconditional release of goods seized by Customs, particularly where the Department claims that an oral show-cause notice was issued within the statutory period. A Division Bench of Justices Anil Khetarpal and Shail Jain disposed of a petition by Najir seeking unconditional release of three gold bars bearing the marking “1 Ounce...

ITC Blocked By GST Authorities Cannot Be Treated As Appeal Pre-Deposit: Delhi High Court

The Delhi High Court on 3 September held that input tax credit (ITC) blocked under Rule 86A of the Central Goods and Services Tax (CGST) Rules cannot be treated as payment of the mandatory pre-deposit required for filing a GST appeal. A Division Bench comprising Justices Anil Khetarpal and Shail Jain dismissed a petition filed by Spherion Solutions Private Limited seeking permission to utilise Rs. 3,33,257 from its blocked Electronic Credit Ledger (ECL) towards the statutory pre-deposit under...

Delhi High Court Refuses Release Of Customs-Detained Gold Over Disputed Coercion Claim

The Delhi High Court has held that a disputed claim that a passenger was coerced into signing documents admitting non-declaration of goods cannot, by itself, justify their release in writ jurisdiction. The court cannot accept such a version over contemporaneous documents bearing the passenger's signatures when it raises disputed questions of fact.The Division Bench of Justices Anil Khetarpal and Shail Jain made the observation while dismissing a petition seeking release of two gold bars, which...

Delhi High Court Appoints Amicus Curiae In Janhvi Kapoor's Personality Rights Suit

The Delhi High Court has appointed Advocate Gautam Bhatia as an amicus curiae to assist it in the personality rights suit filed by actor Janhvi Kapoor, alongside Advocate Rohan Alva, who was already assisting the court with actor Vivek Oberoi's personality rights.Justice Anup Jairam Bhambhani made the appointment “considering the importance of the issues involved" in these matters and fixed a date in September.The appointment comes amidst concerns of overbroad prayers made in recent personality...

Delhi High Court Lays Down Guidelines For Execution Of Insufficiently Stamped Domestic Arbitral Awards

The Delhi High Court has laid down detailed guidelines to its registry for ensuring compliance with stamp duty and registration requirements in petitions seeking enforcement of domestic arbitral awards.The directions come after the court held that an inadequately stamped arbitral award cannot be acted upon at the enforcement stage merely because the decree holder subsequently deposits the deficient stamp duty. Where adequate stamp duty is sought to be paid after the permissible period, the...

Homebuyer Can Claim Delay Compensation Through Arbitration Over RERA, Consumer Law Remedies: Delhi High Court

The Delhi High Court has ruled that a homebuyer can claim compensation for delayed possession through arbitration even though remedies are also available under the Real Estate (Regulation and Development) Act, 2016, and the Consumer Protection Act, 2019.“Merely because the Respondent elected to invoke the arbitration agreement instead of pursuing remedies under the Consumer Protection Act, 2019 or RERA, it cannot be deprived of compensation otherwise legally payable for delayed...