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...

Delhi High Court Quashes Unreasoned Patent Refusal To AbbVie, Flags Inconsistent Maintainability Findings

The Delhi High Court on 29 April set aside an order of the Deputy Controller of Patents and Designs refusing a patent application filed by Abbvie Ireland Unlimited Company, holding that refusal orders must be reasoned and that divisional applications cannot be rejected on inconsistent maintainability grounds without proper analysis of the record. Justice Jyoti Singh quashed the order and remanded the matter for fresh consideration. She observed: “Refusing a patent application is a serious...

Copyright Registration Cannot Be Granted Automatically If No Objection Is Filed: Calcutta High Court

The Calcutta High Court has recently held that copyright registration cannot be granted merely because no objection is received within the statutory period, holding that the Registrar of Copyright must independently verify the correctness of the application before granting registration. Interpreting the Registrar's obligations under the Copyright Rules in cases where no objection is received to a registration application, Justice Arindam Mukherjee observed, “On a conjoint reading of the...

Bombay High Court Finds Prolonged Detention In Cheque Bounce Case “Shockingly Disproportionate”

The Bombay High Court on 5 May held that prolonged incarceration of a cheque bounce convict solely for non-payment of compensation is ex-facie unreasonable, excessively harsh and "shockingly disproportionate". A Bench of Justice N.J. Jamadar modified the default sentence imposed on Cyrus Noshirwan Kartak, the Director of Mintaur Engineering Private Limited in 17 cheque dishonour cases to the period already undergone and directed his release. He observed:“Default sentence is...

Father Of Deceased Taxpayer Can Be Treated As Legal Representative Despite Not Being Legal Heir: Delhi HC

The Delhi High Court has held that the father of a deceased assessee can be treated as a “legal representative” under the Income Tax Act even if he is not a Class-I heir under the Hindu Succession Act.A Division Bench of Justices Dinesh Mehta and Amit Mahajan observed,“A person need not be a legal heir, much less a Class I heir under the Hindu Succession Act to fall within this definition. The test is not one of inheritance; it is one of representation vis-à-vis the estate of the deceased.”The...

Delhi High Court Upholds Dr. Reddy's Rights Over “REDDY” Mark, Rejects Acquiescence Defence

The The Delhi High Court on 18 May dismissed proceedings filed by Reddy Pharmaceuticals Ltd. and upheld reliefs granted in favour of Dr. Reddy's Laboratories (DRL) Ltd. in a long-running dispute over the mark “REDDY”, affirming both the permanent injunction and the order directing removal of the trademark.A Division Bench Justices C. Hari Shankar and Om Prakash Shukla dismissed Reddy Pharmaceuticals' appeal against the Single Judge's decree and rejected its writ petition challenging the...

Arbitral Tribunal's Refusal To Implead Proposed Parties Is Appealable: Bombay High Court

The Bombay High Court has held that where an arbitral tribunal finds it lacks jurisdiction over persons sought to be added to arbitration proceedings, such a decision can be challenged, though it declined to interfere with such a refusal in a dispute between two partners in a property development firm. Justice Somashekar Sundaresan held that such intervention may be necessary because, “if the arbitration proceedings are conducted entirely without the involvement of someone who is later...

Madras High Court Says No Cheque Bounce Prosecution If Underlying Arbitral Award Was Challenged

The Madras High Court has recently quashed cheque bounce proceedings against a builder after finding that he had challenged the arbitral award cited as the basis of the alleged liability before the cheque was allegedly issued. Justice G.K. Ilanthiraiyan said, “Even before the date of issuance of the cheque i.e. 15.07.2019, the accused challenged the very arbitration award before this Court as early as on 11.02.2019 in Arb.OP.Nos.381 and 382 of 2019. Therefore, the accused would not have issued...

Delhi High Court Says Regoshin Healthcare's Online Presence Sufficient To Let Trademark Suit Proceed In Delhi

The Delhi High Court has recently refused to return a trademark infringement and passing off suit filed by Amritsar-based businessman Ravinder Singh against Regoshin Healthcare Pvt. Ltd. and others. Singh has alleged infringement of his registered 'ROYAL' and 'ROYU' trademarks through the use of allegedly deceptively similar marks for pharmaceutical and allied products. Justice Jyoti Singh held that, at the threshold stage, the court was required to proceed on the basis that the averments in...

Private Arbitration Cannot Override Statutory Labour Adjudication: Madras High Court

The Madras High Court has recently held that statutory labour adjudication cannot be displaced by private contractual arbitration where statutory worker rights are involved.A Division Bench of Justice P Velmurugan and Justice K Govindarajan Thilakavadi observed, “While the Arbitration and Conciliation Act, 1996 governs voluntary arbitration, the Industrial Disputes Act, 1947 is a specialized social legislation designed to protect workers, and its mandatory procedures cannot be over ridden by...

Gujarat High Court Says GST Arrest Valid Though Verbatim Signed 'Reasons To Believe' Copy Was Not Supplied

The Gujarat High Court has upheld the arrest of a person accused in a fake Input Tax Credit (ITC) racket, holding that while an arrestee must be furnished the “reasons to believe” forming the basis of arrest to enable a legal challenge, failure to provide a verbatim signed copy of the Commissioner's internal note does not vitiate the arrest. "Therefore, this Court, is of the opinion that the 'reasons to believe' recorded by the Commissioner has been furnished to the petitioner, facilitating him...