Simranjeet, Author at SCC Times

Sale of re-possessed vehicles is subject to charge of VAT: Delhi High Court reiterates

“It is erroneous to suggest that the sale of goods is not chargeable to tax under the Delhi Value Added Tax Act, 2004, if there is no increase or accretion in the value of goods by the dealer.”

Case Briefs High Courts

‘Does not constitute infringement of trade mark’; Delhi HC sets aside order restraining Booking.com from using ‘MakeMyTrip’ as keyword on Google Ads Program

“Use of trade marks as keywords cannot, by any stretch, be construed as applying the registered trade mark to any material intended to be used for labelling or packing goods, as a business paper, or for advertising goods or services.”

Case Briefs High Courts

‘Puma cats and lion belong to same family, Felidae’; Delhi HC cancels ‘leaping lion’ mark of Gajari Online Services Pvt. Ltd in rectification petition filed by PUMA

“The continued use of the impugned mark will affect the purity of the registered trade mark as the same is likely to cause deception and confusion, in terms of Section 11(2) and 11(3) of the Trade Marks Act, 1999.”

Case Briefs High Courts

Delhi High Court grants permanent injunction to Banyan Tree Holdings Ltd. for mark ‘ANGSANA’ in relation to hospitality services, spa

“Spa services have a requirement for high quality, best hygiene, safety/security of customers and if unauthorized use of plaintiff’s mark ‘ANGSANA’ is permitted to be used, the same will result in severe erosion of its goodwill.”

Case Briefs High Courts

Solid waste management activities are exempted from payment of tax under Bihar Goods and Services Tax Act, 2017: Patna High Court

“The Appellate Authority had allowed the appeal in the case of a different assessee, who had been carrying on the very same work of solid waste disposal in the very same Municipality.”

Case Briefs High Courts

‘NewsClick has a lot to answer’; Delhi High Court dismisses its plea for stay on income tax demand

“NewsClick’s plea of financial stringency based on its balance-sheet inspires no confidence as according to the Assessing Officer the accounts have not been properly maintained.”

Case Briefs High Courts

‘Not innocent adopters, but conscious imitators of Johnson & Johnson’s mark ‘ORSL’; Delhi High Court restrains usage of ‘OSRI’ mark for electrolyte drinks

“Defendants’ act of adopting mark which is structurally and visually nearly identical to that of plaintiff along with a trade dress which is also imitative of that of plaintiff, indicates that defendants have strained every nerve to come as close to plaintiff as possible.”

Case Briefs High Courts

Delhi High Court declares ‘BURGER KING’ as a well-known trade mark

“Defendants are free to use trade mark “BURGER EMPEROR”/and other “BURGER EMPEROR”/ formative marks and logo/device .”

Case Briefs High Courts

Delhi High Court grants permanent injunction to CNN News Channel for mark ‘CNN’ in relation to news services

“The aspect of likelihood of confusion has to be examined from the perspective of the consumer of average intelligence and imperfect recollection.”

Cases Reported Never Reported Judgments

Never Reported Judgment | Prayer to rescind partition on ground of fraud cannot be entertained after several years, when party had access to accounts for due diligence [(1952) 2 SCC 316]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on rescinding partition on ground of fraud.

Case Briefs High Courts

Over-crowding of emergency wards must be circumvented to make best medical assistance available to critical patients: Delhi High Court

“The Court took cognizance of the necessity to upgrade and enhance the overall infrastructure facilities in the government hospitals, in particularly the emergency wards.”

Case Briefs High Courts

Merely because wife is earning, does not automatically operate as absolute bar for awarding maintenance: Delhi High Court

“Maintenance pendente lite/permanent alimony u/s 24 or 25 of the Hindu Marriage Act, 1955 may be claimed by either wife or husband. The phrase “sufficient for her or his support” has to be interpreted to mean that applicant is able to maintain with reasonable comfort and standard of living which applicant was accustomed in matrimonial home.”

Case Briefs High Courts

Delhi High Court directs Voltranic India Lubricants to pay Rs. 1 lakh cost to Castrol Ltd. for infringing its ‘CASTROL’ mark

“Copying of so many marks, labels, packaging, and containers is a deliberate act on defendants’ behalf to gain monetarily by selling counterfeit products.”

Case Briefs High Courts

Directions for investigation u/s 156(3) CrPC cannot be given mechanically by Magistrate; application of mind necessary: Delhi High Court

“Magistrate is not bound to direct investigation by police even if all allegations made in complaint disclose ingredients of cognizable offence. Each case must be viewed depending upon facts and circumstances involved therein.”

Case Briefs High Courts

Employee cannot be penalized for employer’s failure to deposit TDS: Delhi High Court

“If petitioner is able to obtain any amount of money towards tax deducted from his income at source for Assessment Years 2009-10, 2011-12 and 2012- 13 from his employer, the same shall be deposited by him with the revenue.”

Case Briefs High Courts

‘Deceptively similar to Sun Pharma’s mark ABZORB’; Delhi HC restrains Protriton Products LLP from using mark ‘ABBZORB’ in relation to health supplements

“Even if two device marks are visually completely dissimilar, and if their textual components are deceptively similar to each other, then visual dissimilarities between marks, owing to “added matter”, pale into insignificance, where infringement is concerned.”

Case Briefs High Courts

Delhi High Court dismisses India-Pakistan ‘Super Basmati’ Rice Dispute for non-prosecution

“Basmati has also been registered as a geographical indication under the provisions of the Geographical Indications of Goods (Registration and Protection) Act, 1999 in India.”

Case Briefs High Courts

Delhi High Court grants injunction to Emerald Enterprises for its mark ‘EMERALD’ in relation to valves

“The name, the goods and the class of customers is identical. The Plaintiff was a long prior user of the mark and name ’Emerald’ for valves and the Defendant’s adoption is recent.”

Case Briefs High Courts

‘Secured more marks than minimum qualifying marks for general category’; Delhi HC directs Centre to consider EWS candidate under General Category for post of Navik (General Duty)

“Purpose of examination is to screen out best candidates available for job and since petitioner obtained more than minimum required marks, he should have been considered for Stage-II under General Category as his rejection is not based on merit but only on account of document verification.”

Case Briefs High Courts

‘Call meeting of all Cyber Crime Cells in order to have coordination in dealing with fraudulent transaction cases’, Delhi High Court directs Joint Secretary, MHA

“Whenever any information is requested by the Cyber Crime Cells of police authorities, banks ought to respond to the same in a diligent manner.”