Delhi High Court Finds No Natural Justice Violation In Customs Case After Four Missed Hearings

The Delhi High Court has recently dismissed a plea challenging a Customs order on the ground that Petitioners were denied a personal hearing, holding that they had been given repeated and adequate opportunities, which they failed to avail.The Division Bench of Justices Anil Khetarpal and Shail Jain observed that adjournments were granted as an indulgence rather than as a right, and that Petitioners were afforded four opportunities of personal hearing between September and December 2024.The case...

Madras High Court Allows Theatrical Release Of Jayam Ravi-Starrer 'Karathey Babu' Amid Copyright Dispute

On 1 September, the Madras High Court permitted Screen Scene Media Entertainment to proceed with the theatrical release of Tamil film Karathey Babu, starring Jayam Ravi, and modified an interim injunction that had restrained the producer from releasing, distributing or otherwise dealing with the film. Justice K. Kumaresh Babu passed the order on applications filed by Screen Scene Media Entertainment seeking to vacate the interim injunction in a suit filed by Dr. S. Venkatesh. The Bench...

MSME Borrower Can't Raise Revival Framework Defence In Subsequent SARFAESI Case: Kerala High Court

The Kerala High Court on 1 September held that an MSME borrower cannot invoke the MSME revival and rehabilitation framework for the first time in subsequent litigation to challenge SARFAESI proceedings when the borrower failed to raise the issue in the first round of litigation. A Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M. upheld the dismissal of a writ petition filed by Soubhagye Road Builders and its proprietors against recovery proceedings initiated by Canara Bank...

Gujarat High Court Grants ₹1 Crore Tax Refund To Charitable Trust After Exemption Was Omitted

The Gujarat High Court on 25 August quashed the rejection of the revision application filed by Sheth Shree Karshandas Halu Dharamshala Jamnagar and held that the public charitable trust was entitled to exemption under Section 11(1A) of the Income-tax Act.A Division Bench comprising Justices A.S. Supehia and Vaibhavi D. Nanavati held that a bona fide omission to claim a statutory tax benefit in the original return can be corrected through revisional proceedings under Section 264 of the Act. The...

Recovery Officer Cannot Attach SARFAESI Statutory Pre-Deposit U/S 28(4) RDB Act: Kerala High Court

The Kerala High Court on 31 August held that a Recovery Officer cannot attach a statutory pre-deposit made by a borrower under the second proviso to Section 18 of the Securitisation and Reconstruction of Financial Assets Enforcement of Security Interest Act, 2002 (SARFAESI Act), by invoking Section 28(4) of the Recovery of Debts and Bankruptcy Act, 1993. A Division Bench of Chief Justices Soumen Sen and Syam Kumar V.M. set aside the Recovery Officer's order attaching E.T. Firoz's Rs....

Bombay High Court Restrains Cloud Kitchen From Using 'BARBECUE' Mark Over Similarity With Restaurant

On 1 September, the Nagpur Bench of the Bombay High Court temporarily restrained Barbeque, Gokulpeth, a cloud kitchen from using the mark “BARBECUE” or “BARBEQUE” in a trade mark dispute with Barbecue and Barbecue Food Services Pvt Ltd, which has operated a restaurant under the mark at Sadar, Nagpur, since 1994. Justice Y.G. Khobragade allowed an appeal filed by Tervinder Singh Jhans, the registered proprietor of the restaurant, against the District Judge, Nagpur's order which had declined...

Bombay High Court Restrains Former Licensee From Using 'Mount Litera Zee School' Mark Pending Arbitration

On 1 September, the Bombay High Court restrained a Dehradun-based school from using the “MOUNT LITERA ZEE SCHOOL” and “MLZS” marks and the MLZS Program pending arbitration.Justice Amit Borkar partly allowed a petition filed by Zee Learn Limited seeking interim relief against Pragati Shiksha Shrot Trust, Dehradun, pending arbitral proceedings. He held that a former licensee cannot continue using a licensor's mark after termination of the licence agreements. He observed:“Pending commencement and...

Delhi High Court Temporarily Restrains Patson Foods From Using Ching's Secret's 'Schezwan Chutney' Mark

The Delhi High Court on 25 August temporarily restrained Patson Foods (India) Private Limited from selling or marketing its “Rasanand Schezwan Chutney” product, after noting that the company had gone back on its written undertaking to stop using Capital Foods Private Limited's registered trademark “Schezwan Chutney”. Justice Jyoti Singh held that Capital Foods, the company behind the Ching's Secret brand, had established a prima facie case of trademark infringement and passing off. The Bench...

Delhi High Court Restrains YouTube Loan Settlement Channels From Using IDFC First Bank's Marks

The Delhi High Court on 24 August restrained individuals and entities operating YouTube channels including “Settlement Guru”, “AHK Tips”, “Expert Loan Settlement Advice”, “Kunal Kumar Tutorial” and “Loan Wala Bishu” from using IDFC First Bank's registered trademarks and fabricated settlement letters bearing the Bank's logo. Justice Jyoti Singh was hearing an application filed by IDFC First Bank seeking an interim injunction against the operators of these channels. The Bench held: “Prima facie,...

Madras High Court Rejects Vinbros Plea To Sue Rivals Over 'Blue Grape' Trademark

The Madras High Court on 28 August rejected liquor manufacturer Vinbros & Co.'s plea to sue two rival entities, Chamundi Winery and Distillery and R.R. Wine Mart, before it for alleged infringement of its “Blue Grape” trademark. A Bench of Justice K. Kumaresh Babu observed: “The fact that the situs of the registration of Trade Marks is with the Trade Marks Registry at Chennai by itself would not be sufficient to give rise to cause of action to institute the suit in the Madras High Court,...

Madras High Court Rejects YouTube's Summary Dismissal Plea In Sri Eshwar College Disparagement Case

The Madras High Court on 28 August declined to summarily dismiss a suit filed by Sri Eshwar College of Engineering against YouTube (Google LLC) over allegedly disparaging videos hosted on the platform, holding that the issue of non-joinder of the video originators could not be decided at the threshold. Justice K. Kumaresh Babu was hearing an application filed by YouTube seeking dismissal of the suit at the threshold, without the matter proceeding to trial. Instead, the Bench directed the...

Rajasthan High Court Sets Aside Unsigned GST Notice And ₹3.13 Lakh Demand Against Mayur Timber

The Rajasthan High Court on 11 August set aside an unsigned Goods and Services Tax (GST) show-cause notice and consequential demand of over Rs. 3.13 lakh raised against Mayur Timber, along with interest of Rs. 4,26,002 and an equivalent penalty. A Division Bench comprising Justices Arun Monga and Ashutosh Kumar held that mere generation of a document on the GST portal or allotment of a reference number cannot replace the mandatory requirement of authentication under Rule 26(3) of the Central...