Kerala High Court Orders FIR Against Pinarayi Vijayan, Daughter In CMRL-Exalogic Case

The Kerala High Court on Friday directed the registration of an FIR against Pinarayi Vijayan, his daughter Veena Vijayan, and former minister Mohammed Riyas in the CMRL-Exalogic case over alleged offences under the Prevention of Corruption Act. Justice A. Badharudeen passed the order on a petition filed by advocate K.M. Shajahan, who sought an FIR based on material forwarded by the Enforcement Directorate (ED). The petitioner also sought to transfer the investigation to the Vigilance and...

Commercial Court Can Secure Claim At Interm Stage If Party's Commercial Credibility Is In Doubt: Calcutta High Court

The Calcutta High Court has held that a commercial court can direct a party to secure a plaintiff's claim at an interim stage if it prima facie finds that the party's commercial credibility, probity, or substratum is in question. Justice Aniruddha Roy observed, “With the promulgation of the C. C. Act, 2015, even while trying a commercial suit, if the Court prima facie finds that the conduct of the defendant is such that it might have lost its commercial credence and probity or substratum,...

Delhi High Court Gives Income Tax Dept Final Chance To Credit ₹3.65 Crore Advance Tax To 92-Year-Old Assessee

The Delhi High Court has given the Income Tax Department a final opportunity to comply with its earlier order directing adjustment of a ₹3.65 crore advance tax payment towards the capital gains tax liability of a 92-year-old assessee, failing which the Court said it would direct payment of interest on the amount.The Division Bench of Justices Subramonium Prasad and Renu Bhatnagar has directed the Department to ensure that the amount is credited to the assessee's account by October 31, 2026.The...

Publisher's Heir Cannot Claim Copyright Without Proof Of Assignment From Authors: Delhi High Court

The Delhi High Court has refused to grant an interim injunction to Shakti Sagar, who claimed copyright over 47 law books published by Delhi Law House (DLH) through her late father-in-law and husband. The court held that she had failed to establish a prima facie right because she had not shown how the copyrights were originally acquired from the authors. Justice Purushaindra Kumar Kaurav held that a person who is not the author can derive copyright title only through an assignment under Section...

PMLA Not Meant For Private Property Disputes, ED Must Prioritise Public Money Cases: Madras High Court

On 6 October, the Madras High Court observed that the stringent provisions of the Prevention of Money Laundering Act (PMLA) are not meant to be invoked in disputes that are essentially between private individuals over private property, and that the Enforcement Directorate should prioritise cases involving public money, corruption and scams of national consequence. Justice N Ramesh granted bail to Ala Alagappan, the third accused in an ED money laundering case arising from allegations that his...

Arbitration Clause Need Not Be Reproduced In Work Orders If GCC Is Incorporated: Bombay High Court

The Bombay High Court has held that an arbitration clause need not be reproduced in individual work orders where the General Conditions of Contract containing the clause have been incorporated by reference. Justice Amit Borkar held that the relevant question is whether the General Conditions were incorporated into the work orders or were referred to only for a limited purpose, while appointing a sole arbitrator in a payment dispute between Shivkumar Enterprises and TATA Projects Limited. The...

Director Can't Challenge Income-Tax Search Against Company In Individual Capacity: Karnataka High Court

On 6 October, the Karnataka High Court held that a company director cannot challenge an income-tax search and seizure conducted against the company in his individual capacity when the search is not directed against him personally. Justice B M Shyam Prasad found force in the Revenue's contention that Obedulla A, a director of Attica Gold Private Limited, could not challenge the search against the company in his individual capacity. The Bench observed: “If any person could have a grievance with...

DRT Sale Certificate Does Not Require Compulsory Registration: Madhya Pradesh High Court

The Madhya Pradesh High Court has held that a sale certificate issued in favour of a successful auction purchaser in proceedings before the Debt Recovery Tribunal (DRT) does not require compulsory registration. A Single-Judge Bench comprising Justice Sandeep N. Bhatt allowed Sukh Sagar Agro Industries' petition challenging the refusal to file/record its sale certificate in Book No. I. Sukh Sagar Agro had purchased the property in an auction conducted by the Recovery Officer, DRT-Jabalpur, who...

Calcutta High Court Rejects Revenue's Bid To Reopen Facts In ₹9.32 Crore Unlisted Share Sale Addition

The Calcutta High Court on 5 October dismissed the Revenue's appeal against deletion of a Rs. 9.32 crore addition relating to sale proceeds from unlisted equity shares of Superdeal Resources Private Limited, finding that the Tribunal's conclusions were based on the evidence on record. A Division Bench comprising Justices Rajarshi Bharadwaj and Sudip Deb held that the Revenue cannot seek a fresh examination of factual findings in an appeal under Section 260A of the Income Tax Act in the absence...

Kerala High Court Upholds Rejection Of South Indian Bank's ₹52 Cr. Additional Bad-Debt Claim To ITAT

The Kerala High Court on 28 September held that the Income Tax Appellate Tribunal (ITAT) cannot refuse to examine a bad-debt disallowance on merits merely because a separate additional claim was raised before the first appellate authority. A Division Bench comprising Justices Devan Ramachandran and Basant Balaji remanded South Indian Bank's Rs. 14.10 crore bad-debt disallowance to the ITAT for fresh consideration, while upholding the rejection of the Bank's separate Rs. 52 crore additional...

Customs Dispute Over Car, Cash Confiscation Go To CESTAT, Not Revision Authority: Madras High Court

The Madras High Court on 1 October held that a customs dispute concerning confiscation of a vehicle and Indian currency seized in connection with alleged gold smuggling has to be challenged before the Customs, Excise and Service Tax Appellate Tribunal (CESTAT), and not through a revision application before the Central Government. Justice C. Saravanan granted S. Michael Kennadi liberty to approach the CESTAT against the First Appellate Authority's order, while declining to interfere with the...

Madras High Court Warns Bank-Initiated LOCs Could Leave Debtors At “Mercy Of Wolves Of Creditors”

The Madras High Court has held that a bank manager's letter to the Bureau of Immigration seeking issuance of a Look Out Circular cannot be treated as “law” for restricting a citizen's fundamental right to travel abroad. The court warned that allowing nationalised banks to seek Look Out Circulars (LOCs) against debtors could embolden private creditors and non-banking financial companies (NBFCs) to seek similar restrictions, leaving debtors “at the mercy of wolves of creditors.”“'Law' under...