SARFAESI Sale Certificates Not Liable To Stamp Duty Upon Issuance: Kerala High Court [Full Bench]

The Kerala High Court has recently held that a sale certificate issued pursuant to an auction sale under the SARFAESI Act is not liable to stamp duty merely upon its issuance. The Court also held that a Registering Officer cannot refuse to file a copy of such certificate on the ground that it is unstamped. A Full Bench comprising Justices Sathish Ninan, T.R. Ravi and M.A. Abdul Hakhim answered a reference arising from conflicting Division Bench decisions on the issue. “It has been held that...

Delhi High Court Rules Intas' BEVATAS Does Not Infringe Sun Pharma's BEVETEX Trademark

The Delhi High Court has ruled in favour of Intas Pharmaceuticals, setting aside a permanent injunction that had restrained the company from using its trademark 'BEVATAS' for its anti-cancer drug. A Division Bench of Justice V. Kameswar Rao and Justice Manmeet Pritam Singh Arora held that Intas' mark 'BEVATAS' does not infringe Sun Pharma Laboratories' registered trademark 'BEVETEX', allowed the appeal and dismissed Sun Pharma's suit. The dispute dates back to December 2017, when Sun Pharma...

Telangana HC Orders Education Dept. To Hear Representation Against Permission For School Using Trademarked 'SPR' Name

The Telangana High Court has directed Telangana's education authorities to consider a representation seeking cancellation of permissions and recognition granted to a rival school operating under the name "SPR High School". The petitioner contended that the name infringed his registered trademarks and was being used despite an injunction granted by a civil court. Justice Juvvadi Sridevi was dealing with a petition filed by educationalist V. Sree Pathi Reddy. He sought consideration of his...

Magistrate Cannot Refer Parties To Mediation In SARFAESI Proceedings Under Section 14: Kerala High Court

The Kerala High Court has set aside an order referring a SARFAESI proceeding to mediation, holding that the role performed by a Magistrate in such proceedings is purely ministerial and does not involve any adjudicatory process. Justice P.V. Balakrishnan observed that a Chief Judicial Magistrate or Additional Chief Judicial Magistrate exercising powers under the SARFAESI Act does not perform any quasi-judicial function and has no discretion in the matter. “It cannot be disputed that the power...

Delhi High Court Cancels 'PONTA' Trademark In Plea By Panasonic, Holder Of 'PENTA' Mark

The Delhi High Court has recently ordered the cancellation of the word mark 'PONTA' and its device variant, holding that they are deceptively similar to Panasonic's registered 'PENTA' trademark for electrical goods. Justice Tushar Rao Gedela, deciding two rectification petitions filed by Panasonic Holdings Corporation, directed the Registrar of Trade Marks to remove both marks from the Register within four weeks. "What strikes the eye at the first glance is the glaring similarity, rather...

Unauthenticated Alteration In Cheque Date Renders It Void: Kerala High Court

The Kerala High Court has recently held that an alteration in the date of a cheque that is not authenticated by the drawer's full signature amounts to a material alteration and renders the cheque void, while upholding an acquittal in a cheque dishonour case. Justice A. Badharudeen held: “When there is alteration of the date in the cheque which is not authenticated by putting the full signature of the drawer on the place of alteration, the same operates as a material alteration and the same...

Delhi High Court Bars Sale Of Irish Whiskey Brand 'The Whistler' In India In Trademark Dispute With Piccadily

The Delhi High Court has restrained Robert A. Merry and Co. Ltd., the Irish whiskey maker behind “The Whistler” brand, from selling its Irish whiskey in India. The court found that the company failed to establish that its transborder goodwill and reputation had spilled over into India before Piccadily Agro Industries Ltd. launched its own “Whistler” whiskey in 2018. Justice Jyoti Singh, deciding two cross-suits filed by the rival whiskey makers, dismissed Robert A. Merry's application for an...

Mandatory RERA Pre-Deposit Cannot Be Diluted By Replacing Statutory Interest Rate With MCLR: Kerala HC

The Kerala High Court has recently held that a builder could not be permitted to calculate the mandatory pre-deposit for pursuing a RERA appeal on the basis of the Marginal Cost of Funds-based Lending Rate (MCLR) instead of the State Bank of India's Benchmark Prime Lending Rate plus 2% prescribed under Rule 18 of the Kerala Real Estate (Regulation and Development) Rules, 2018. The Court observed that such a course would "render Rule 18 a dead letter." A Division Bench of Justice Raja...

Madras High Court Issues Statewide Directions For Timely Disposal Of SARFAESI Pleas Seeking Aid In Taking Possession

The Madras High Court on Friday issued a comprehensive set of statewide directions governing applications under Section 14 of the SARFAESI Act. The Court observed that delays by designated authorities defeat the legislation's objective of enabling expeditious recovery of secured assets and reducing non-performing assets (NPAs). Section 14 of the SARFAESI Act enables banks and other secured creditors to seek the assistance of a Chief Metropolitan Magistrate, Chief Judicial Magistrate or...

Allahabad High Court Orders Release Of GST Taxpayer Over Arrest Papers Lacking CBIC-DIN

The Allahabad High Court has recently directed the release of a GST taxpayer after holding that his arrest and detention were illegal because the grounds of arrest did not bear a CBIC-DIN and the arrest memo failed to disclose the place of arrest. Petitioner Ashish Tyagi was arrested in connection with proceedings under Section 132(1)(a), 132(1)(f) and 132(1)(i) of the CGST Act, 2017 in a case initiated by the Directorate General of GST Intelligence (DGGI), Ghaziabad. The case pertained to...

'Criminal Prosecution Cannot Be A Frolicsome Act': Karnataka HC Quashes Fraud Case Against Ex-Vihaan Director

The Karnataka High Court has recently quashed criminal proceedings against chartered accountant M.N. Gunasheela, a former director of Vihaan Direct Selling (India) Pvt Ltd, in connection with a complaint concerning the affairs of the company. The Court also quashed a Look Out Circular issued against him. Justice M. Nagaprasanna held that the complaint did not disclose any specific role attributable to Gunasheela. The Court also noted that the company's business operations commenced after he...

Wrong Rubber Stamp Below Signature Does Not Invalidate Show Cause Notice: Allahabad High Court

The Allahabad High Court has recently held that the use of an incorrect rubber stamp beneath the signature on a show-cause notice does not create a jurisdictional defect. The Court said this would not affect jurisdiction where the authority issuing the notice is otherwise vested with powers under the relevant Act and Rules. Rejecting a jurisdictional challenge raised by Dev Trading Company to a show-cause notice issued under the Health Security se National Security Cess Rules, 2026, a Division...