Delhi HC Directs AI+ Smartphones Founder To Appear Over Alleged Suppression In Injunction Against TechWiser

The Delhi High Court on Wednesday directed the personal appearance of Madhav Sheth, founder of NxtQuantum Shift Technologies India Pvt Ltd, trading as AI+ Smartphones, after hearing allegations that the company suppressed material facts and used incorrect contact details while obtaining an ex parte injunction against tech reviewer Prateek Rai of TechWiser. Justice Tushar Rao Gedela passed the direction while hearing Rai's application seeking vacation of the April 28 order restraining him from...

Kerala HC Refers Malabar Group Companies' Dispute With Shareholders Over Non-Compete Breach To Arbitration

The Kerala High Court has recently referred to arbitration a dispute between three Malabar Group companies and certain shareholders over allegations that the shareholders breached non-compete provisions in the companies' Articles of Association by becoming involved in rival jewellery businesses. Justice S Manu was dealing with petitions filed by Malabar International Gold Designs Private Limited, Luster Gold Palace (India) Private Limited and Malabar Gold Supermarket (Kannur) Private Limited...

Calcutta High Court Says Municipal Tax Dispute Over Office Space Is Commercial Dispute

The Calcutta High Court has upheld the transfer of a civil suit over municipal tax liability arising from a property conveyance dispute to its Commercial Division. The court held that the dispute qualified as a commercial dispute because the immovable property was being used as office space when the suit was filed.A division bench of Justice Debangsu Basak and Justice Md. Shabbar Rashidi ruled, “As on the date of filing of the suit, the immovable property was used as office space,” and held that...

Pending Arbitration Does Not Bar Eviction Proceedings Under West Bengal Public Land Act: Calcutta High Court

The Calcutta High Court has recently held that pending arbitration over a lease dispute does not by itself prevent public authorities from initiating eviction proceedings under the West Bengal Public Land (Eviction of Unauthorised Occupants) Act against an alleged unauthorised occupant of public land. Justice Om Narayan Rai, however, set aside the impugned eviction notice after finding that the statutory authority had acted with a prejudged and influenced mind. Explaining why the pending...

Calcutta High Court Treats Polypropylene Sacks As Plastic, Not Textile Products In GST Dispute

The Calcutta High Court has held that polypropylene leno bags manufactured by Mega Flex Plastics Limited should be treated as plastic sacks, not textile products, for GST purposes. A Division Bench comprising Justice Debangsu Basak and Justice Md. Shabbar Rashidi observed that the company's bags were commonly known in the market as “plastic sacks” and not textile sacks. The court held, “The sacks manufactured by the appellant are commonly known in the market as plastic sacks. They are not...

Delhi High Court Quashes IT Order After Dept. Failed To Intimate Decision On Taxpayer's Adjournment Request

The Delhi High Court has quashed an income tax assessment order and demand notice after finding that a taxpayer was denied a fair hearing. The tax department failed to communicate whether his adjournment request had been accepted or rejected. It also passed the order without considering the reply he had filed. A Bench of Justice Dinesh Mehta and Justice Vinod Kumar observed, “It is clear that the petitioner's right of being heard has been infracted and the violation of petitioner's Fundamental...

Bombay High Court Orders Meta To Suspend SWISSTOURS Trademark-Infringing Instagram Account

The Bombay High Court has ordered Meta to suspend an account accused of infringing the 'SWISSTOURS' trademark after finding that the handle continued operating despite an earlier restraining order. Justice Sharmila U. Deshmukh, in an order passed on May 4, directed the social media platform to take all steps within its power to suspend, lock, or disable public access to the impugned Instagram handle after noting that it remained active despite an ad-interim injunction granted in December last...

Madras High Court Refuses To Reject Seven Arts' Copyright Suit In Hera Pheri Remake Rights Dispute

The Madras High Court has dismissed filmmaker Firoz Nadiadwala's plea seeking rejection of a copyright infringement suit filed by Seven Arts International Limited. The suit concerns alleged remake rights to the Malayalam films Ramji Rao Speaking and Mannar Mathai Speaking, which Seven Arts claims form the basis of the Bollywood Hera Pheri franchise. Justice Senthilkumar Ramamoorthy passed the order on April 24. Seven Arts claimed in the suit that it acquired remake rights to both films through...

Madras High Court Restrains MRF's Former Dealer, Another Delhi Entity From Using Its Trademark

The Madras High Court has granted temporary relief to MRF restraining two Delhi-based entities from using its trademarks in relation to their business after MRF alleged that one of them continued displaying the marks at trade exhibitions despite a written undertaking not to do so. Justice Senthilkumar Ramamoorthy passed the order on April 29 in a suit filed by MRF seeking relief for alleged trademark infringement, copyright infringement, and passing off against Conveyo Belt Centre and Shri Ram...

Non-Signatory Group Companies Cannot Be Automatically Impleaded In Arbitration: Bombay High Court

The Bombay High Court has recently held that every group company connected to a commercial transaction cannot automatically be dragged into arbitration just because it belongs to the same corporate group as a signatory party or played some role in the underlying transaction. Explaining the scope of the “group of companies” doctrine, Justice Somasekhar Sundaresan held, “What becomes clear is that whether a non-signatory is a veritable party to the arbitration agreement is the subject matter...

Proof Of Cheque Execution Under NI Act Triggers Presumption Unless Rebutted: Kerala High Court

The Kerala High Court on Monday, 18 May, held that once a complainant proves the transaction and execution of a cheque in a prosecution under Section 138 of the Negotiable Instruments Act, the statutory presumptions under Sections 118 and 139 operate in the complainant's favour unless rebutted by the accused. Justice A. Badharudeen set aside a Trial Court judgment acquitting Jayapal, the accused in a cheque dishonour case involving Rs. 3 lakh and convicted him under Section 138 of the NI Act....

Arbitrator's Mandate Can't Be Denied Extension Because It May Remove Challenge Ground: Delhi High Court

The Delhi High Court has extended an arbitrator's mandate after an arbitral award had already been pronounced, holding that an extension cannot be refused merely because it would eliminate a ground to challenge the award. Justice Avneesh Jhingan observed, “Merely as the outcome of the arbitration proceedings was known to the parties and with extension of the mandate one of the ground to challenge award under Section 34 of the Act may not survive, cannot be the consideration for rejection...