Secured Creditor Cannot Seek Removal Of Disclosed Encumbrances Without Settling Dues: Madras High Court

The Madras High Court has held that priority given to secured creditors over government dues under the SARFAESI Act does not allow a bank or auction purchaser to seek removal of known encumbrances without complying with Rules 9(6) to 9(10) of the Security Interest (Enforcement) Rules, 2002.Rule 9(6) deals with confirmation of the sale and issuance of the sale certificate, while Rule 9(10) prescribes the contents/ form of the sale certificate, including the details of known encumbrances.A coram...

Madras High Court Refuses To Restrain Worldwide Release Of Hindi 'Drishyam 3,' Finds Remake Rights Disputed

The Madras High Court has recently refused to restrain the worldwide release and exploitation of the Hindi remake of Malayalam film Drishyam 3, starring Ajay Devgn. It held that Rajkumar Theatres had not clearly established that it continued to hold an exclusive or joint copyright in the Hindi remake rights.Justice K. Govindarajan Thilakavadi dismissed Rajkumar Theatres' application on October 1, 2026. The company had sought interim protection against the film's release pending...

SARFAESI | Civil Court Must Lift Property Attachment If Mortgage Predates It: Kerala High Court

The Kerala High Court has ruled that a civil court cannot refuse to consider a secured creditor's request to lift an attachment over a mortgaged property merely because the attachment would otherwise be effaced after publication of a SARFAESI sale notice. The court held that where the mortgage predates the attachment, the attachment must be lifted. “Once the secured creditor approaches the Civil Court with an application for lifting the attachment in accordance with the principles laid down...

Municipal Commissioner Cannot Alter Property-Tax Categories Without State Sanction: Gujarat High Court

The Gujarat High Court has ruled that a Municipal Commissioner cannot use a carpet-area cut-off to move commercial properties from one property-tax category to another without prior State Government approval.A Division Bench of Justice A.S. Supehia and Justice Vaibhavi D. Nanavati quashed a March 27, 2015, office order issued by the Bhavnagar Municipal Corporation, which treated shops and showrooms with a carpet area of more than 35 square metres as NU-1 properties. NU-1 properties carry a...

Madras High Court Sets Aside Customs Broker Suspensions, Says 'Immediate Action' Must Be Timely

The Madras High Court has set aside the suspension of licenses of 11 Customs Brokers, holding that the power to order “immediate suspension” cannot be exercised after an unexplained or substantial delay.Justice Hemant Chandangoudar held that while “immediate” does not mean that the suspension must be ordered instantaneously, the Customs authorities must act with reasonable promptness once the material necessary for taking action is available.The Court was hearing a batch of writ petitions filed...

Purchase Order Date Cannot Determine Import Date For Project Import Duty Benefit: Madras High Court

The Madras High Court has ruled that a purchase order placed with a foreign supplier before registration of a project contract does not, by itself, determine whether imported goods qualify for the Project Import benefit. The relevant date is when the goods are imported into India, subject to the other requirements under the Project Import Regulations, 1986.“The mere fact that a purchase order was placed before registration of the project contract cannot, by itself, determine the date of...

Income Tax | Delhi High Court Quashes Section 153C Notice As Time-Barred, Relies On Ojjus Medicare Ruling

The Delhi High Court has quashed a notice issued under Section 153C of the Income Tax Act for Assessment Year (AY) 2016-17, holding that the notice was issued beyond the prescribed limitation period.The Division Bench of Justices Dinesh Mehta and Aditi Choudhary allowed the writ petition filed by Preeti Chadha, challenging the notice dated July 25, 2022, issued under Section 153C of the Act pursuant to a satisfaction note recorded by the Assessing Officer on June 16, 2022.Petitioner contended...

GST Order Must Disclose Factual Basis For Statutory Ingredients, Not Merely Reproduce Provision: Delhi High Court

The Delhi High Court has held that an adjudication order invoking Section 74 of the Central Goods and Services Tax (CGST) Act must disclose the factual basis on which the statutory ingredients of the provision are said to have been satisfied.The Division Bench of Justices Anil Kshetarpal and Bharat Parashar observed that mere reproduction of the statutory language, without supporting particulars, would not demonstrate the requisite application of mind.It thus set aside an order confirming a...

Delhi High Court Directs Toplad To Change Name, Finds 'TOPLAD' Too Nearly Resembles 'TOPLAND'

The Delhi High court has directed Toplad Private Limited to change its name, holding that “TOPLAD” too nearly resembles the registered “TOPLAND” trademark of Topland Engines Private Limited. “Except for the letter 'N', both the words completely resemble each other and to the mind of a person with average intelligence, the mere negation of the letter 'N' would not make the names visually or phonetically dissimilar,” Justice Amit Mahajan observed. The court set aside the May 15, 2023 order of...

Tummoc App Can Be Used For E-Ticketing In Goa, No Contempt Made Out: Karnataka High Court In IP Dispute

The Karnataka High court has held that using the Tummoc app for e-ticketing in Goa did not amount to contempt. The court noted that the injunction in the underlying suit was confined to BMTC/DTC and had been stayed by the High court. “We are therefore, of the view that as only interim injunction passed by the trial Court was stayed by this Court vide order dated 19.02.2024 passed in MFA No.483/2024 (IPR/SJ), no contempt is made out for using the app Tummoc by the respondent/contemnor/s in Goa.”...

Delhi High Court Blocks ₹213 Crore Release To British Marine Over Unstamped Arbitral Award Against SAIL

The Delhi High Court has refused to release the remaining ₹213.24 crore deposited by Steel Authority of India Limited (SAIL) in enforcement proceedings initiated by British Marine PLC. The court held that the arbitral award could not be executed while it remained unstamped and the original award was not available before it.Justice Vinod Kumar observed:“Now the situation is that the original Award is not available before this Court. Though an arbitral Award is a chargeable instrument, as evident...

Commercial Suit Filed Before Ordinary Civil Court Must Be Returned, Not Rejected: Kerala High Court

The Kerala High Court on 30 September held that a plaint filed before an ordinary civil court in a suit involving a commercial dispute must be returned for presentation before the competent Commercial Court, rather than rejected under Order VII Rule 11(d) of the Civil Procedure Code (CPC). Justice S Manu dismissed an appeal filed by the defendants against the First Additional Sub Court, Thrissur's order directing return of the plaint in a suit for dissolution of partnership. The Bench observed...