Delhi High Court Temporarily Restrains Ga Se Gaanv From Using 'RANI SAHIBA' Trademark For Basmati Rice

The Delhi High Court on 10 August granted an ex-parte ad-interim injunction restraining FMCG company Ga Se Gaanv Essence LLP from using “RANI SAHIBA” or any deceptively similar mark for rice products, and from passing off its goods as those of Rakesh Jain. A Bench comprising Justice Anup Jairam Bhambhani also directed the takedown of an infringing Amazon listing and other online references bearing the mark. He observed: “This court is of the view that the plaintiff has succeeded in making-out...

Bombay High Court Upholds IBBI's Power To Levy 0.25% Fee On Successful Resolution Plans

The Bombay High Court on 19 August upheld the validity of Regulation 31A of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016, holding that the provision enabling the IBBI to levy a regulatory fee on successful resolution plans is neither ultra vires the Insolvency and Bankruptcy Code, 2016 nor violative of Article 14 of the Constitution. A Bench of Justices Manish Pitale and Shreeram V Shirsat dismissed four petitions...

IBC Amendment Excluding Personal Guarantors From Interim Moratorium Is Retroactive: Delhi High Court

The Delhi High Court on 19 August held that the amendment inserting Section 96(4) into the Insolvency and Bankruptcy Code, 2016 (IBC) is retroactive and applies to pending insolvency applications, even though the Amending Act does not expressly say so. Justice Tushar Rao Gedela held that the amendment applied to the pending Section 95 IBC application filed by IDBI Trusteeship Services Ltd. against Manish Jain, a personal guarantor to the corporate debtor, and consequently vacated the interim...

Pending GST Fraud Case No Ground To Restrict Passport Renewal To Three Years: Delhi High Court

The Delhi High Court on 20 August held that the pendency of a criminal case concerning alleged Goods and Services Tax fraud cannot justify restricting an accused person's passport renewal to three years when sufficient safeguards prevent him from leaving India without the Court's permission. Justice Saurabh Banerjee modified the trial court's order limiting Atul Modi's passport renewal to three years and directed that his passport be renewed for the regular term of ten years. He held: “There...

RERA Recovery Proceedings Not Automatically Illegal During CIRP: Karnataka High Court

The Karnataka High Court on 11 August held that the mere pendency of the Corporate Insolvency Resolution Process (CIRP) against a developer does not automatically render recovery proceedings initiated under another statute illegal. Justice Suraj Govindaraj dismissed the writ petition filed by M Govind Reddy and M Yashodamma challenging a public auction notice issued to enforce a Recovery Certificate under the Real Estate (Regulation and Development) Act, 2016 (RERA Act). Further, questions...

Importer Must Verify Genuineness Of Duty Scrips Used For Customs Clearance, Can't Shift Responsibility To Agent: Delhi High Court

The Delhi High Court has held that an importer, being the ultimate beneficiary of duty benefits, has the responsibility to verify the genuineness of duty credit scrips used for customs clearance.The Division Bench of Justices Anil Kshetarpal and Shail Jain held that an importer cannot escape liability for forged or manipulated scrips by shifting the blame to its agent.The Court was dealing with a batch of six customs appeals and 41 writ petitions arising from an investigation into large-scale...

Income Tax Act | S. 68 Can't Tax Property Sale Advance In Subsequent Year Even If Capital Gain Was Set Off Against Loss: Delhi High Court

The Delhi High Court has held that an amount received as an advance towards the sale of property cannot be added as unexplained cash credit under Section 68 of the Income Tax Act in a subsequent assessment year, merely because the assessee allegedly adopted a “device” to set off the capital gain arising from the sale against a capital loss.The division bench of Justices Dinesh Mehta and Rajneesh Kumar Gupta was dealing with an appeal filed by the Revenue against an ITAT order concerning...

Delhi High Court Cancels 'DAPLOGIN' Trademark Registration Over Similarity With Dr. Reddy's 'DAPLO'

The Delhi High Court on 17 August cancelled Razenta Pharmaceuticals' trademark registration for “DAPLOGIN” in a dispute with Dr. Reddy's Laboratories over the latter's registered “DAPLO” mark. Justice Jyoti Singh allowed Dr. Reddy's Laboratories' petition under Section 57 of the Trade Marks Act, 1999, and directed the Registrar of Trade Marks to rectify the register by cancelling Razenta Pharmaceuticals' registration within six weeks. She held: “The mark DAPLO is neither publici juris nor...

Bombay High Court Allows Kataria Insurance Brokers To Retain Name, Bars Gems Jewellery Insurance

The Bombay High Court on 19 August allowed Kataria Insurance Brokers Pvt. Ltd. to continue using its corporate name “KATARIA INSURANCE”, while restraining it from providing insurance services relating to the gems and jewellery sector, in a trademark dispute involving insurance agent Bhavesh Suresh Kataria. Justice Somasekhar Sundaresan allowed the company's application seeking vacation of an interim injunction dated 8 December 2025, which had restrained it from using “KATARIA” in its corporate...

MSME Council Must Follow Mandatory Arbitration Process Before Passing Award: Madras High Court

On 19 August, the Madras High Court held that an award passed by the Chennai Region Micro, Small and Medium Enterprises Facilitation Council without initiating arbitration as required under Section 18(3) of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) cannot be sustained. Justice P.B. Balaji set aside the Rs. 33.40 lakh award passed in favour of Mahalakshmi Trading Corporation against 3F Industries Ltd., holding that the Council had proceeded straight to an “Award”...

Criminal Court Cannot Order Release Of Seized Goods Without Customs Cognizance: Gauhati High Court

The Gauhati High Court on 13 August held that a regular criminal court cannot exercise powers under the general criminal law to release goods seized under the Customs Act when no cognizance of a Customs offence has been taken. Justice Mridul Kumar Kalita allowed a criminal petition filed by the Deputy Director, Directorate of Revenue Intelligence (DRI), Dimapur Regional Unit, challenging the 12 March 2026 order of the Principal District and Sessions Judge/Special Judge, Dimapur. The order had...

Reassessment Objections Must Be Raised Before Assessing Officer First: Telangana High Court

The Telangana High Court on 11 August declined to interfere with reassessment proceedings against Nitin Enterprises at the preliminary stage, holding that objections concerning the jurisdiction and validity of the reassessment must first be raised before the Assessing Officer and, if necessary, pursued through the statutory appellate remedies. A Division Bench comprising Justices P. Sam Koshy and Narsing Rao Nandikonda held that proceedings initiated through a notice under Section 148A and the...