Delhi High Court
Singer Kumar Sanu Moves Delhi High Court Seeking Protection Of His Personality Rights, Hearing On Monday
Indian playback singer, Kumar Sanu Bhattacharjee, has filed a suit before the Delhi High Court seeking protection of his personality rights.The matter will be heard on Monday by Justice Manmeet Pritam Singh Arora. Sanu has sought protection of his personality or publicity rights, including his name, voice, vocal style and technique, vocal arrangements and interpretations, mannerism and manner of singing, image, caricature, photographs, likeness, signature and various other attributes...
Delhi High Court Allows Natco To Sell Spinal Muscular Atrophy Drug, Rejects Roche's Patent Infringement Appeal
The Delhi High Court on Thursday upheld a single judge's refusal of an interim injunction sought by Swiss pharmaceutical giant F Hoffmann-La Roche AG against Natco Pharma Ltd, in a patent dispute over Risdiplam, a drug used to treat Spinal Muscular Atrophy (SMA).A Division Bench of Justice C Hari Shankar and Justice Ajay Digpaul dismissed Roche's appeal against a Single Judge's decision, which had allowed Natco to continue manufacturing and selling the drug in India. Roche had argued that...
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...