Excise Appeals To High Court On Substantial Questions Of Law Maintainable After NTT Act Struck Down: Patna High Court

The Patna High Court has recently held that appeals to High Courts in central excise matters involving substantial questions of law remain maintainable after the Supreme Court struck down the National Tax Tribunal Act, 2005, which had omitted the provision providing for such appeals. The court held that “The earlier provision mentioned in Section 35G of the Central Excise Act, 1944, Section 130 of the Customs Act, 1962 (52 of 1962) as well as any other provisions of law which were omitted by...

Bombay High Court Refuses MINCO Injunction Against Sister Concern Over 13-Year Acquiescence

The Bombay High Court has dismissed an appeal by Minco India Private Limited, affirming a Single Judge's decision to deny an interim injunction against Minco India Flow Elements Private Limited, a company run by the appellant's director's brother. The court found that the plaintiff had been aware of the defendant's use of the “MINCO” mark since 2012 yet chose not to act for over 13 years. That prolonged inaction, the bench held, amounted to clear acquiescence, a complete defence in a trademark...

Delhi High Court Quashes Fraud Tag On Reliance Commercial Finance Ex-CEO As SCN Was Not Served

The Delhi High Court on Monday set aside an order declaring a former key official of Reliance Commercial Finance Limited as “fraud” in connection with loans worth over Rs 16,455 crore after noting that the show cause notice issued to him had not been served. A division bench of Justice Prathiba M Singh and Justice Madhu Jain passed the order. The petition was filed by Devang Pravin Mody challenging the Reserve Bank of India's Master Directions on Fraud Risk Management dated July 15, 2024,...

Delhi HC Grants Temporary Injunction To Lawrence School, Bars Trademark Misuse, Orders Meta To Remove Defamatory Posts

The Delhi High Court has granted a temporary injunction in favour of Lawrence School Sanawar Society, which runs The Lawrence School in Sanawar, Himachal Pradesh, in a dispute over allegedly defamatory content posted about the institution on Facebook. The order targets a Facebook page and certain individuals. Educator Subodh Sinha, the page IPSC & Indian Top Schools Alumni (IITSA), and Ankit Kumar Gupta have been restrained, along with anyone acting on their behalf, from using the school's...

Andhra Pradesh High Court Dismisses Plea To Stall SARFAESI Proceedings, Bars Piecemeal Litigation

The Andhra Pradesh High Court has dismissed a writ petition seeking to stall recovery proceedings under the SARFAESI Act, holding that a litigant cannot raise pleas in a piecemeal manner and terming the petition a “misadventure.” A Division Bench of Justice Lisa Gill and Justice Ninala Jayasurya noted that the petitioner had executed a gift deed in 2006 in favour of his son. The deed, initially without acceptance, was later accepted before the son availed a loan from South Indian Bank, for...

Search Year Included In Extended 10-Year Limit For Reopening Income Tax Assessments: Gujarat High Court

The Gujarat High Court has recently held that while computing the extended ten-year period for reopening income tax assessments following a search, the assessment year in which the search was conducted must be included in the reckoning.The bench stated that "..... the assessment year relevant to the previous year of search becomes the reference year and the ten-year period is counted from the end of that assessment year. This necessarily includes the search assessment year within the ten-year...

Delhi High Court Cancels Copyright On Bicycle Parts Label For Lack Of Originality

The Delhi High Court has cancelled the copyright registration of a product packaging label used by one Tara Singh for bicycle parts, holding that the sticker was a substantial imitation of Bombay Metal Works Pvt. Ltd.'s label in its layout, colour scheme and arrangement, despite bearing a different trade name. “It is trite law that Copyright protection is granted to an artistic work under the Act, only if the said artistic work satisfies the standard of originality,” Justice Tejas Karia said in...

Bombay High Court Rejects NSEL Plea To Adopt Committee Mechanism To Assess Liability In ₹937 Crore Suit

The Bombay High Court on Monday rejected a notice of motion filed by National Spot Exchange Limited (NSEL) seeking application of a committee mechanism to its recovery suit involving alleged fraudulent and collusive commodity transactions against its former trading member, N.K. Proteins Ltd. and its promoters, directors, and related entities. Holding that the notice of motion was premature and that pleadings must be completed and issues framed before such relief can be considered, Justice Gauri...

NBFCs With Assets Over ₹100 Crore Can Invoke SARFAESI Act: Allahabad High Court

On 24 March, the Allahabad High Court held that non-banking financial companies (NBFCs) with assets of Rs. 100 crore or more qualify as financial institutions under the SARFAESI Act, 2002 and can enforce security interest in secured debts. A Bench comprising Justices Ajit Kumar and Swarupama Chaturvedi referring to the Ministry of Finance notification dated 24 February 2020, observed: “With the plain reading of the notification, it is clear that through the above notification the Central...

Delhi High Court Sets Aside Rs 11.93 Crore Damages In Favour Of ONGC For Lack Of Proof Of Loss

The Delhi High Court has struck down an award of Rs 11.93 crore in additional damages granted to ONGC Limited against UEM India Pvt. Ltd., finding that the arbitral tribunal fixed the amount without any proof of actual loss, without even recording that such loss was incapable of proof, and without explaining how the figure was arrived at. A bench of Justice Avneesh Jhingan held that the award violated the requirement of a reasoned decision under Section 31(3) of the Arbitration and Conciliation...

Delhi High Court Stays Attachment Against M3M On Condition of 50% Payment Of Decretal Amount To Homebuyers

The Delhi High Court has recently stayed the operation of warrants of attachment issued against M3M India Private Limited in execution proceedings tied to a refund order passed by the Delhi State Consumer Disputes Redressal Commission. The relief is conditional. M3M must deposit 50% of the decretal amount within 15 days, failing which the interim protection will automatically stand vacated. “Subject to payment of 50% of the decretal amount by the petitioner to the respondent/decree holder...

Limitation For Plea-Seeking Arbitrator Appointment Begins From Failure Of Opposite Party To Act On Invocation Notice: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh recently held that an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, which allows a party to approach the court for appointment of an arbitrator when the other side fails or refuses to do so, must be filed within three years from the date of such failure or refusal. The court clarified that the cause of action arises upon such failure or neglect, and once limitation begins to run, it continues without...