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Delhi High Court

Title ‘SHOLAY’ uniquely connote the film & cannot be used as domain name

June 3, 2022 1959 Views 0 comment Print

HC held that The use of the mark ‘SHOLAY’ as part of domain names and company names, etc. are completely illegal & unlawful

Agreement challenged on the ground of fraud or forgery is not arbitrable

June 3, 2022 12888 Views 0 comment Print

An arbitration agreement is separable from the main agreement. It is only in cases where the allegation of forgery or fraud are in respect to the existence of arbitration agreement itself, the disputes would not be arbitrable.

Loss in a contract doesn’t permit a party to avoid its contractual obligations

June 2, 2022 822 Views 0 comment Print

It is not necessary that all contracts yield a profit; some result in a loss as well. This is not a factor to permit a party to avoid its contractual obligations.

Collector cannot determine compensation payable for acquisitions under Resettlement of Displaced Persons Act

June 2, 2022 3018 Views 0 comment Print

HC held that Collector shall have no jurisdiction to determine compensation payable for acquisitions under Resettlement of Displaced Persons Act.

Total consideration cannot be forfeited substantially without establishment of suffered loss

June 2, 2022 4047 Views 0 comment Print

The respondent’s case that it was entitled to forfeit the sum of ₹60,00,000/- paid by the petitioner rested solely on the ground that it was earnest money and therefore, it could be forfeited in terms of the Agreement.

Debt of ‘Corporate Debtor’, not considered in Resolution Plan, doesn’t extinguish automatically

May 28, 2022 1818 Views 0 comment Print

HC observed that the debt which the ‘Corporate Debtor’ owes for payment in future, if not taken into consideration in the ‘Resolution Plan’ does not extinguish automatically and the creditors, including the ‘Financial Creditor’ or ‘Operational Creditor’ or ‘Secured Creditor’ or ‘Unsecured Creditor’ has rights to claim the same.

No provision under Trademark contemplates defence of honest & concurrent to a charge of infringement

May 26, 2022 2847 Views 0 comment Print

Section 12 is essentially a provision which enables the Registrar to permit registration of a mark which is identical or similar to an existing mark in respect of same or similar goods. It does not envisage honest and concurrent user as a defence to an allegation of infringement of a registered trade mark.

Section 148 of NI Act provides minimum 60 days’ time period for depositing fine

May 26, 2022 31536 Views 0 comment Print

Harsh Sehgal Vs State & Anr (Delhi High Court) Facts- The complainant/respondent no. 2, Galaxy Datamatics Pvt. Ltd., averred that the accused no. 1, M/S Takshila Retail Pvt. Ltd., earlier known as M/s Blues Clothing Pvt. Ltd., accused no. 2, Dinesh Sehgal and accused no. 3, Harsh Sehgal, approached the respondent no.2 for a short-term […]

Assessee have independent statutory right to file reply to SCN & draft assessment order

May 26, 2022 1911 Views 0 comment Print

Ketan Ribbons Pvt Ltd Vs National Faceless Assessment Centre Delhi (Delhi High Court) Hon’ble Delhi High Court quashed Assessment Order, Notice of demand and Penalty notice passed on 23-05-2021 during COVID-19 where show cause notice and draft assessment order were issued during lockdown and the assessee could not file any reply. The court further was […]

Consider plea for extension of payment date under SVLDR scheme due to Cancer Treatment of Assessee – HC directs dept

May 23, 2022 1323 Views 0 comment Print

Delhi HC allows petition challenging recovery notices. Petitioner seeks leniency citing financial constraints and health issues.

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