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...

Delhi High Court Protects Personality Rights Of Sri Sri Ravi Shankar, Injuncts Deepfake And Morphed Content

The Delhi High Court has recently passed a john doe order protecting the personality rights of “The Art of Living” foundation founder, Sri Sri Ravi Shankar. Justice Manmeet Pritam Singh Arora restrained john doe (unknown entities) from infringing Shankar's personality and publicity rights by using his name, voice, image, likeness, unique style of discourse and delivery or any other attribute exclusively identifiable with him, for any commercial or personal gain, without his consent.The...

Delhi High Court Protects Personality Rights Of Telugu Actor Nagarjuna; Restrains Unauthorised Use Of His Name, Image

The Delhi High Court has passed an interim order protecting the personality rights of Telugu actor Nagarjuna Akkineni by restraining various entities from misusing his image, name, voice or other elements of his persona for monetary gains without his consent or authorization.Justice Tejas Karia restrained various websites and John Doe (unknown entities) restrained from violating the actor's personality or moral rights by directly or indirectly using or exploiting or misappropriating his name,...

Delhi High Court Flags Glitch In GST Portal Generating Notice For Personal Hearing After Decision On Appeal

The Delhi High Court recently came across a peculiar case relating to Input Tax Credit refund claim, whereby a notice for personal hearing was issued to the trader, after the Appellate Authority rejected its plea.A division bench comprising Justices Prathiba M. Singh and Shail Jain flagged the glitch in the Department's portal, which generated a personal hearing notice after the passage of the final order.“At the time of the uploading of the order, a date is again fixed for personal hearing by a...

After Delhi High Court Nudge, Customs Dept Finalises Amendments To Baggage Rules, Seeks Time For Infrastructure Upgrade

The Customs Department recently informed the Delhi High Court that the Draft Baggage Rules (amending Baggage Rules, 2016) have been finalized and are ready to be issued.A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta were further informed that the Department is awaiting upgradation of IT infrastructure, for effective implementation of the new rules.“Issuance of amended Baggage Rule without proper regulation and IT Infrastructure will again give rise to litigation thus...

Penalty Can Be Imposed On Courier Agency For Not Reporting Suspicious Consignment To Customs: Delhi High Court

The Delhi High Court has held that the Commissioner of Customs can impose a penalty on a courier service which fails to report suspicious consignments being sent or received from abroad.A division bench comprising Justices Prathiba M. Singh and Shail Jain observed that courier agencies have a responsibility to ensure that whenever there are any suspicious courier packets being delivered or being transacted through them, due diligence ought to be exercised and if there is any suspicion, the same...

S.171 GST Act | Businesses Registration Can Be Cancelled Over Non-Reduction Of Prices After GST-Rate Cut: Delhi High Court

The Delhi High Court has held that an authority constituted under Section 171 of the Central Goods and Services Tax Act 2017 can order businesses to reduce their prices following reduction in GST rates applicable to their products.A division bench of Justices Prathiba M. Singh and Shail Jain further held that such authority can also impose penalty or cancel GST registration of those in default, in extreme cases.“In the event the 'authority' confirms there is a necessity to apply anti...

After GST Rate Cut, Non-Reduction Of Price Can't Be Justified By Secretly Increasing Product Quantity At Same MRP : Delhi High Court

The Delhi High Court has made it clear that when GST rates applicable on a given product are reduced by the GST Council, its benefit should trickle down to the end consumer by reduction in prices of such products.A division bench of Justices Prathiba M. Singh and Shail Jain observed that letting manufacturers increase the quantity of the product while charging the same MRP will defeat the purpose of rate-cuts.“The benefits extended to the consumer are also of utmost importance. The purpose of...