Rights Under Art. 300A Can't Bypass Customs Proceedings For Release Of Seized Goods: Delhi High Court

The Delhi High Court on 3 September held that reliance on Article 300A of the Constitution, which protects a person's property rights, cannot by itself entitle a person to unconditional release of property when statutory proceedings under the Customs law are underway. A Division Bench of Justices Anil Khetarpal and Shail Jain made the observation while dismissing a petition filed by Nahid Zakiya through SPA Mohammad Uzair seeking the return of a 58-gram gold chain detained by Customs...

Copyright Disputes Can Be Resolved Through Arbitration Despite Remedy Under Copyright Act: Madras High Court

The Madras High Court has ruled that a copyright infringement dispute can be resolved through arbitration when the parties have agreed to that mode of dispute resolution, holding that the civil remedy available under the Copyright Act does not prevent arbitration.Justice K. Kumaresh Babu ruled,“It is true that Section 55 provides for a civil remedy in an infringement of a copyright. There can be no doubt that the civil remedy can also be by a process of arbitration, as arbitration is in the form...

Customs Seizure Cannot Be Set Aside Merely For Want Of Written Show-Cause Notice Delhi High Court

The Delhi High Court on 2 September held that the absence of a separate written show-cause notice under Section 124 of the Customs Act, 1962 does not by itself warrant unconditional release of goods seized by Customs, particularly where the Department claims that an oral show-cause notice was issued within the statutory period. A Division Bench of Justices Anil Khetarpal and Shail Jain disposed of a petition by Najir seeking unconditional release of three gold bars bearing the marking “1 Ounce...

ITC Blocked By GST Authorities Cannot Be Treated As Appeal Pre-Deposit: Delhi High Court

The Delhi High Court on 3 September held that input tax credit (ITC) blocked under Rule 86A of the Central Goods and Services Tax (CGST) Rules cannot be treated as payment of the mandatory pre-deposit required for filing a GST appeal. A Division Bench comprising Justices Anil Khetarpal and Shail Jain dismissed a petition filed by Spherion Solutions Private Limited seeking permission to utilise Rs. 3,33,257 from its blocked Electronic Credit Ledger (ECL) towards the statutory pre-deposit under...

Delhi High Court Refuses Release Of Customs-Detained Gold Over Disputed Coercion Claim

The Delhi High Court has held that a disputed claim that a passenger was coerced into signing documents admitting non-declaration of goods cannot, by itself, justify their release in writ jurisdiction. The court cannot accept such a version over contemporaneous documents bearing the passenger's signatures when it raises disputed questions of fact.The Division Bench of Justices Anil Khetarpal and Shail Jain made the observation while dismissing a petition seeking release of two gold bars, which...

Bombay High Court Orders Takedown of AI Deepfakes Misusing Actor Shruti Haasan's Personality Rights

The Bombay High Court has ordered the removal of online content identified in actor Shruti Haasan's suit and restrained the unauthorised use of her name, voice, image and likeness through artificial intelligence and other technology.Justice Madhav J. Jamdar granted the relief as an ad-interim measure after observing that the material placed before the court made out “a very strong prima facie case”. The relief will continue until further orders.Haasan approached the court after discovering a...

Bombay High Court Refuses Metro Brands Leave To Combine Trademark, Passing Off Claims Against Kerala Rival In Mumbai

The Bombay High Court has refused to allow footwear company Metro Brands Limited to combine its passing-off claim with its trademark infringement suit against Kerala-based Met Brands Private Limited in Mumbai. The court found that the balance of convenience favoured a trial in Kerala. The alleged passing off took place there, and Met Brands carries on business in the State.Justice Gauri Godse observed that Metro Brands had not pleaded that its principal place of business was only within Mumbai's...

Delhi High Court Appoints Amicus Curiae In Janhvi Kapoor's Personality Rights Suit

The Delhi High Court has appointed Advocate Gautam Bhatia as an amicus curiae to assist it in the personality rights suit filed by actor Janhvi Kapoor, alongside Advocate Rohan Alva, who was already assisting the court with actor Vivek Oberoi's personality rights.Justice Anup Jairam Bhambhani made the appointment “considering the importance of the issues involved" in these matters and fixed a date in September.The appointment comes amidst concerns of overbroad prayers made in recent personality...

Foreign Remittances Alone Can't Establish Gross Turnover As 'Proceeds Of Crime': Bombay High Court

On September 2, the Bombay High Court held gross business turnover or foreign remittances cannot, by themselves, establish that an entire turnover or all bank balances of a company constitute “proceeds of crime” under the Prevention of Money Laundering Act (PMLA).A Division Bench of Justices A.S. Gadkari and Kamal Khata quashed and set aside the 6 March 2025 order of the PMLA Appellate Tribunal which had upheld the 15 March 2023 order of the Adjudicating Authority continuing the freezing of...

Delhi High Court Lays Down Guidelines For Execution Of Insufficiently Stamped Domestic Arbitral Awards

The Delhi High Court has laid down detailed guidelines to its registry for ensuring compliance with stamp duty and registration requirements in petitions seeking enforcement of domestic arbitral awards.The directions come after the court held that an inadequately stamped arbitral award cannot be acted upon at the enforcement stage merely because the decree holder subsequently deposits the deficient stamp duty. Where adequate stamp duty is sought to be paid after the permissible period, the...

Gujarat High Court Quashes GST Demand Against Deceased Proprietor, Says Legal Heir Must Be Properly Heard

The Gujarat High Court has held that GST proceedings initiated against a deceased taxpayer cannot be sustained when the legal heir was neither made a noticee nor given a meaningful opportunity to respond, quashing proceedings initiated against a proprietor who had died several years earlier. A Division Bench comprising Justices A.S. Supehia and Vaibhavi D. Nanavati allowed a petition filed by Ushaben Kalpeshbhai Patni, the wife of the deceased proprietor, Kalpeshbhai Ramubhai Patni, and quashed...

Homebuyer Can Claim Delay Compensation Through Arbitration Over RERA, Consumer Law Remedies: Delhi High Court

The Delhi High Court has ruled that a homebuyer can claim compensation for delayed possession through arbitration even though remedies are also available under the Real Estate (Regulation and Development) Act, 2016, and the Consumer Protection Act, 2019.“Merely because the Respondent elected to invoke the arbitration agreement instead of pursuing remedies under the Consumer Protection Act, 2019 or RERA, it cannot be deprived of compensation otherwise legally payable for delayed...