Madras High Court Restrains Three Pharma Companies From Using 'ORG-9' Trademark

The Madras High Court has granted a temporary injunction against three Haryana-based pharmaceutical companies over their use of the mark "ORG-9" after a prima facie finding that it infringes the registered trademark "ARG-9" owned by Chennai-based Nouveau Medicament Private Limited.Justice K. Kumaresh Babu passed the ad-interim order on July 27.Nouveau Medicament Private Limited, a Chennai-based pharmaceutical company, submitted that it holds registration for the trademark "ARG-9".The...

Certified Copy Without Arbitrators' Signatures Is Not a 'Signed Copy' Under Arbitration Act: Calcutta High Court

The Calcutta High Court has ruled that a certified copy of an arbitral award carrying only a third-party certification that the original was signed, without reproducing the arbitrators' signatures, does not amount to delivery of a "signed copy" under Section 31(5) of the Arbitration and Conciliation Act, 1996. Without such delivery, the limitation period for challenging the award under Section 34 does not begin, making an execution petition for its enforcement premature.A single bench of Justice...

ORERA's Failure To Decide Within 30 Days Won't Deem Incomplete RERA Application Registered: Orissa High Court

The Orissa High Court has ruled that an incomplete or deficient application cannot be treated as "deemed registered" under Section 5(2) of the Real Estate (Regulation and Development) Act, 2016, merely because the regulatory authority failed to decide it within 30 days.Justice Sashikanta Mishra observed that Section 5(2) applies only to a valid application that complies with the Act, Rules and Regulations. Since Vishnu Associates' application remained incomplete, including for want of the final...

Retrospective Property Tax Demands Invalid Under GPMC Act: Gujarat High Court

The Gujarat High Court has held that the Ahmedabad Municipal Corporation (AMC) could not retrospectively revise the rateable value of a property and demand property tax years after the relevant assessment period had ended, ruling that such demands were contrary to the Gujarat Provincial Municipal Corporations Act, 1949, and the Taxation Rules framed under it."Having regard to the statutory provisions and rules thereunder, demand of taxes on the basis of revised rateable value with retrospective...

Arbitral Award Can Be Executed Anywhere In India Where Decree Can Be Enforced: Punjab And Haryana High Court

The Punjab and Haryana High Court has recently ruled that an arbitral award can be executed before any court where the judgment debtor's assets are located and is not restricted to the place where the award was passed. Dismissing a writ petition filed by the Union of India and others against Triveni Constructions, Justice Jasgurpreet Singh Puri observed that once an arbitral award is made, the arbitrator's mandate comes to an end and the award is not the decree of any particular court. ...

Arbitral Tribunal Can Pass Interim Award Without Framing Issues Or Separate Plea: Bombay High Court

The Bombay High Court has ruled that an arbitral tribunal can pass an interim award at any stage of the proceedings on any matter it is empowered to finally decide, even if no formal issue has been framed or a separate application seeking such an award has been filed. Justice N.J. Jamadar observed that the decisive question is whether the parties are in dispute over a matter that the arbitral tribunal is required to finally determine, and not whether a formal issue has been settled for...

NCLT & NCLAT Can't Decide Tenancy Rights, Civil Courts Have Exclusive Jurisdiction: Calcutta High Court

The Calcutta High Court on 29 July held that the National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT) cannot decide tenancy rights. Only civil courts can adjudicate such disputes. A Division Bench of Justices Sabyasachi Bhattacharyya and Supratim Bhattacharya dismissed the review petition filed by D & I Taxcon Services Pvt. Ltd. and upheld the eviction decree passed against the company after holding that it occupied the disputed premises as a licensee and...

Madras High Court Refuses To Stall Release Of AI-Enhanced Kochadaiiyaan Over 2014 Financing Dispute

The Madras High Court has refused to stop the release of an AI-enhanced version of the 2014 Rajinikanth film Kochadaiiyaan. It held that the film's financier could not seek to restrain its release since it had not sought any relief against the company that is now the assignee of the film.Justice K. Kumaresh Babu observed that "the plaintiff had not sought for any relief as against the fifth defendant, who is admittedly now assignee of the film." In view of this, the court held that it could not...

Allahabad High Court Seeks Centre's Response On GST Appellate Tribunal Vacancies In Uttar Pradesh

The Allahabad High Court has sought an affidavit from the Department of Revenue, Ministry of Finance, Government of India detailing the efforts being made to fill vacancies in the GST Appellate Tribunal benches in Uttar Pradesh. In a petition filed by S.S. Pharma, the issue of GST appellate tribunals not sitting was brought before the High Court. Justice Piyush Agrawal had directed the state counsels to seek instructions on the appointments, sittings, and disposal of cases by the Appellate...

Article 227 Petition Not Maintainable When Similar Relief Sought Before Supreme Court: Kerala High Court

The Kerala High Court on 30 July held that parties cannot invoke its supervisory jurisdiction under Article 227 of the Constitution to seek interim relief in execution proceedings when connected appeals involving the same dispute are already pending before the Supreme Court. Justice T.R. Ravi refused to stay the execution proceedings pending before the National Company Law Tribunal (NCLT), Kochi in a family dispute over management of companies, holding that the petitioners must seek such relief...

Bombay High Court Upholds Asset Disclosure Order Against Rolta Founder In ₹2300 Cr Foreign Judgment Case

The Bombay High Court on 30 July upheld an order directing Rolta India founder and former Chairman and Managing Director Kamal Singh to disclose his assets and restraining him from creating third-party rights over them in proceedings seeking enforcement of New York State Supreme Court judgments involving claims of about Rs. 2,300 crore. A Division Bench of Justices A.S. Gadkari and Kamal Khata noted that a party cannot avoid enforcement of foreign judgments by questioning their enforceability...

Actor Shruti Haasan Moves Bombay High Court Over AI Deepfakes, Personality Rights Violations

Actress Shruti Haasan has moved the Bombay High Court with a commercial suit seeking ₹15 crore in damages, alleging that unauthorised merchandise sellers, online platforms, and unidentified parties have violated her personality and publicity rights by using her name, image, likeness and voice without her consent. She has also alleged the creation and circulation of AI-generated deepfake content, including sexually explicit videos and images featuring her.Justice Abhay Ahuja has granted Haasan...