No Cancellation Of Educational Trust Registration For Generating Surplus: Punjab & Haryana High Court

The Punjab and Haryana High Court on 27 February held that mere generation of surplus by an educational institution cannot be a ground for cancelling registration of a charitable trust, so long as the activities are genuine and carried out in accordance with the objects of the trust. A Division Bench comprising Justice Lisa Gill and Justice Parmod Goyal dismissed an appeal filed by the Income Tax Department and upheld the order of the Income Tax Appellate Tribunal (ITAT) restoring the...

Calcutta High Court Protects 'SWASTIK' Rice Label Against Deceptive Packaging By Competitor

The Calcutta High Court has decreed a suit in favour of Jay Baba Bakreswar Rice Mill Private Limited against an individual, Deepak Kumar Barnwal, over the use of the “SWASTIK” label mark for rice products. Justice Ravi Krishan Kapur observed that the respondent's packaging was “strikingly similar and deceptively identical” to that of the petitioner and held that the rival marks appeared to be identical. Jay Baba Bakreswar Rice Mill told the court that it is engaged in the manufacture and sale...

Pre-Institution Mediation Not Mandatory If Suit Seeks Urgent Interim Relief: Bombay High Court

The Bombay High Court has recently reiterated that a commercial suit cannot be rejected merely for non-compliance with the mandatory pre-institution mediation requirement under Section 12A of the Commercial Courts Act if the plaint demonstrates that the suit contemplates urgent interim relief. A single bench of Justice Gauri Godse delivered the ruling in an interim application filed by Warana Sugar Ltd, its director Vinay Kore, and its corporate guarantor Tatyasaheb Kore Warana Sahakari Sakhar...

Digital Gold Transactions Not Outside Scope Of BUDS Act Due To Lack Of SEBI/RBI Regulation: Karnataka High Court

The Karnataka High Court has refused to quash criminal proceedings against Jar Gold Retail Private Limited and its director over allegations that its digital gold platform operates as an unregulated deposit scheme.The Court observed that merely because the purchase or storage of gold is not regulated by bodies such as the Securities and Exchange Board of India (SEBI) or the Reserve Bank of India (RBI), such transactions cannot be treated as falling outside the scope of the Banning of Unregulated...

Bombay High Court Temporarily Bars Delhi Hospital From Infringing 'SAIFEE HOSPITAL' Mark

The Bombay High Court has recently granted ad-interim relief to Saifee Hospital Trust, restraining a Delhi-based company from infringing its registered trademark “SAIFEE HOSPITAL” after finding that the rival mark “SAIFI HOSPITAL” is “visually, structurally and phonetically deceptively similar”.In an order dated February 10, Justice Sharmila U. Deshmukh observed that the defendant company, Saifi Hospital Private Limited, was offering similar medical services under the impugned mark even though...

Non-Resident Individual Eligible For Dispute Resolution Panel Route In Tax Reassessment: Madras High Court Clarifies

The Madras High Court has clarified that a non-resident individual falls within the amended definition of an “eligible assessee” under the Income Tax Act, and therefore reassessment proceedings routed through the Dispute Resolution Panel cannot be challenged on that ground.The court dismissed a writ petition filed by individual taxpayers Motilal Jain and Mahaveer Jain and upheld a reassessment order issued under the Income Tax Act following directions of the Dispute Resolution Panel.The order...

Arbitral Tribunal's Interim Relief Meant To Preserve Arbitration, Not Secure Speculative Claims: Delhi High Court

The Delhi High Court has observed that interim relief under Section 17 of the Arbitration and Conciliation Act is meant to preserve the fruits of arbitration and cannot be used to secure a claimant against speculative future contingencies. Justice Harish Vaidyanathan Shankar in a judgment delivered on February 26, observed: “Section 17 of the A&C Act is designed to preserve the fruits of arbitration where a real and imminent risk is established; it is not intended to secure a claimant...

Electronic Credit Ledger Cannot Be Blocked Beyond One Year Under CGST Rules: Karnataka High Court

The Karnataka High Court on 25 February, held that the restriction imposed by blocking a taxpayer's electronic credit ledger under Rule 86A of the Central Goods and Services Tax Rules, 2017, cannot continue beyond one year, and any continuation of such blocking after the statutory period is illegal. Justice S. Sunil Dutt Yadav was hearing a writ petition filed by Jupiter Ventures challenging the action of the tax authorities in blocking its Electronic Credit Ledger on 21 November 2024. The...

Additional VAT Surcharge Valid Over Concessional Tax: Punjab & Haryana High Court

The Punjab and Haryana High Court, on 27 February, held that an additional VAT surcharge under Section 7A can be levied over and above the concessional tax payable under Section 7 on sales of declared goods made to registered dealers.A Division Bench comprising Justice Lisa Gill and Justice Parmod Goyal was dealing with a batch of appeals filed by Jyoti Strips Pvt. Ltd. challenging assessment and appellate orders passed under the Haryana Value Added Tax Act, 2003.The Bench held: "The...

Patent Examination Cannot Be Skipped Due To Pre-Grant Opposition: Bombay High Court

The Bombay High Court has set aside the rejection of a fungicide patent application, reiterating that examination proceedings under the Patents Act cannot be bypassed merely because a pre-grant opposition is pending. In a judgment delivered on February 27, Justice Arif S. Doctor held that the Controller acted “plainly arbitrary, unexplained, and contrary to the statutory scheme of the Act and the Rules framed thereunder” by cancelling a scheduled examination hearing, assuring the applicant that...

Interim Protection Lapses As Arbitration Invoked After 90 Days: Andhra Pradesh High Court Denies Firm Relief

The Andhra Pradesh High Court has recently declined to interfere with an order granting limited interim relief against the freezing of a partnership firm's bank account, observing that the protection had already lapsed after the firm failed to initiate arbitral proceedings within 90 days. A division bench of Justice Ravi Nath Tilhari and Justice Maheswara Rao Kuncheam observed that the interim relief granted by the Special Judge for Trial and Disposal of Commercial Disputes at Visakhapatnam was...

Works Contract Payment Dispute Can Proceed In MSME Arbitration: Madras High Court

The Madras High Court has refused to interfere with an order of the Micro and Small Enterprises Facilitation Council rejecting a Section 16 jurisdictional objection, holding that a payment claim arising from services under a civil works contract falls within the scope of the MSMED Act and can be adjudicated in arbitration before the Council. Justice S. Sounthar observed that while courts ordinarily do not intervene when an Arbitral Tribunal rejects a jurisdictional objection, this case required...