Supplier Cannot Automatically Recover GST From Recipient Without Contractual Basis: Kerala High Court

The Kerala High Court has held that a supplier's statutory obligation to pay Goods and Services Tax (GST) does not automatically entitle the supplier to recover the tax separately from the recipient of the service.“The liability of a supplier to discharge the tax payable under the statute and the question as to whether the supplier is entitled to pass on the burden of such tax to the recipient are distinct and separate matters," the court ruled"However, the right to collect tax from the...

SARFAESI Possession Orders Must Be Kept On Hold For 45 Days If DRT Challenge Is Planned: Madras High Court

The Madras High Court has held that an order authorising a secured creditor to take possession of a borrower's secured property must be kept in abeyance for 45 days if the creditor is informed that steps are being taken to challenge the order before the Debts Recovery Tribunal (DRT).“We are therefore of the view that an order passed under Section 14 of the SARFAESI Act will have to be kept in abeyance for a period of 45 days when it is brought to the notice of the secured creditor that steps are...

Delhi High Court Temporarily Restrains Sphinx Worldbiz From Using “SHRM PRO” Mark In Trademark Suit By SHRM

The Delhi High Court has restrained Sphinx Worldbiz Ltd and a company it controls from using the “SHRM PRO” trademark for their services, granting an ex parte ad interim injunction in a trademark infringement suit filed by the Society for Human Resource Management (SHRM). Justice Vikas Mahajan observed that the use of the mark by the two companies prima facie appeared to be non-bona fide and was causing confusion, deception and a false association among the public. The court noted that...

Commercial Court Must Decide Jurisdiction Before 'Sarkari Result' Trademark Suit Amendment: Allahabad High Court

The Allahabad High Court has ruled that a Commercial Court must decide a challenge to its subject-matter jurisdiction before considering an application to amend the plaint. Justice Rohit Ranjan Agarwal dismissed a petition filed by I Think Apps Pvt. Ltd., which owns the “Sarkari Result” trademark, challenging the Varanasi Commercial Court's decision to hear a jurisdiction application filed by Anugya Gupta and another before taking up the company's amendment plea. “An amendment seeking to...

Same-Sex Partners Must Challenge Marriage Laws, Not Income Tax Act For Gift Tax Exemption: Centre To Karnataka HC

The Centre on Friday told the Karnataka High Court that same-sex partners seeking a tax exemption on gifts exchanged between spouses must challenge the laws governing marital status, rather than the Income Tax Act. The latter, it argued, merely refers to the legal status recognised under other enactments. Additional Solicitor General K. Arvind Kamath, appearing for the Centre before Justice B.M. Shyam Prasad, made the submission while opposing a petition by Anurag Kalia and Akhilesh Godi. The...

Bombay High Court Restrains DUNE From Creating Third-Party Rights In 'SNAP', Protects VVAA's 40% IP

The Bombay High Court on 5 October restrained DUNE Collective LLP from creating third-party rights in the Hindi feature film “SNAP” that could prejudice co-producer VVAA Films Private Limited's claimed 40% intellectual property interest, pending commencement of arbitration. Justice Amit Borkar also directed DUNE to disclose records showing how it had used VVAA's funds, but declined to order specific performance of the co-production agreement or grant a blanket restraint against DUNE acting on...

Delhi High Court Restrains Chakr Innovation From Using Unlicensed SolidWorks Software On 12 Computers

The Delhi High Court on 5 October restrained Chakr Innovation Private Limited from using, installing or distributing pirated or unlicensed versions of SolidWorks design software, and from tampering with data on 12 computer systems allegedly running unauthorised copies. Justice Vikas Mahajan passed the interim injunction in a copyright infringement suit filed by Dassault Systèmes SolidWorks Corp and its Indian sister company. He observed that. “it prima facie appears that plaintiff no.1 is the...

Delhi High Court Allows Real-Time Blocking Of New F1 Italian Grand Prix Piracy Websites Sought By FanCode

The Delhi High Court has allowed Sporta Technologies Pvt. Ltd., which owns the FanCode streaming platform, to notify domain registrars, hosting entities, and internet service providers directly about newly discovered piracy websites streaming Formula One and other sporting events licensed to it. The company need not file a fresh application each time.Justice Purushaindra Kumar Kaurav passed the order on October 1, supplementing an interim injunction granted on September 10. Under the mechanism,...

Delhi High Court Sets Aside Glisten LLC's Patent Refusal, Says Grounds Must Be Notified Before Hearing

The Delhi High Court on 1 October set aside the Patent Office's refusal of an application filed by US company Glisten LLC for a gemstone coating invention and remanded the matter for fresh consideration. Justice Purushaindra Kumar Kaurav observed that a “refusal founded on a ground not put to the applicant before the hearing cannot be sustained”. Glisten filed a patent application in India in 2020 titled “Gemstone Coating and Methods of Making and Using the Same”. The First Examination Report...

Delhi High Court Bars Fake Medical Videos Using Dr Devi Shetty's Persona, Flags Public Health Risk

The Delhi High Court has permanently restrained social media pages and YouTube channels from using cardiac surgeon Dr Devi Prasad Shetty's identity to promote false medical claims, observing that such videos could harm not just his reputation but also members of the public who might act on the claims.Justice Purushaindra Kumar Kaurav also restrained them from using the registered marks of Narayana Hrudayalaya Ltd., the hospital chain Dr Shetty founded. The Court said the misuse "is not confined...

Salman Khan's 'Kala Hiran' Suit: Delhi High Court Issues Notice On Producer Amit Jani's Jurisdiction Challenge

The Delhi High Court has issued notice on an application by producer Amit Jani, who contends that the court lacks territorial jurisdiction to hear Salman Khan's suit over the film “Kala Hiran: The Battle for Legacy"Justice Tejas Karia asked Khan to reply within four weeks and listed the application for December 16, along with the other pending matters in the case.The proposed movie is stated to be inspired by Khan's 1998 blackbuck poaching case.Jani's application seeks return of Khan's plaint...

Companies Must Clear The Way Before Launching Processes That May Infringe Patents: Calcutta High Court

The Calcutta High Court has said companies seeking to enter a market with a process potentially covered by an existing patent must remove legal obstacles before commencing operations, rather than waiting to be sued for infringement.“In most jurisdictions the Courts now recognize that insofar as patent matters are concerned, if a would be entrant seeks to launch a process which may be covered by an existing patent, it must take steps to clear the way i.e. remove all obstacles before commencing...