Bombay High Court
'Absence Of Arbitration Clause In Agreement Does Not Render Dispute Non-Arbitrable': Bombay High Court
The Bombay High Court has held that the absence of an independent arbitration clause in a supplemental agreement, when the principal agreement contains an arbitration clause, does not render the dispute non-arbitrable. The Court ruled that a supplemental agreement, merely ancillary to the principal agreement, which seeks to record that the consideration under the Development Agreement stands discharged, is an adjectival element of the substance of the Development Agreement.Justice Somasekhar...
Bombay High Court Restrains Publishers Of “The New Indian Express” From Using The Name Outside Southern States
The Bombay High Court has restrained Express Publications (Madurai) Pvt. Ltd. from using the title “The New Indian Express” outside the southern states for which it was granted rights, holding that the trademark “Indian Express” is exclusively owned by The Indian Express (P) Ltd.A single bench of Justice R I Chagla passed the order on November 13, 2025, allowing the interim application filed by Indian Express. The Court held that Express Publications' use of “New Indian Express” outside the...
Furnace Oil Not On Par With 'Plant And Machinery', Unrelated To Goods Dispatched For Complete Sales Tax Set-Off: Bombay High Court
The Bombay High Court on Wednesday held that manufacturers cannot claim full sales tax set-off on furnace oil used in producing goods that are partly sold within Maharashtra and partly transferred to branches outside the state, ruling that a 6% reduction must apply under Rule 41D(3)(a) of the Bombay Sales Tax Rules, 1959. Assessee sought to put forth that Furnace oil is a consumable used in manufacturing but not part of the finished goods dispatched, and therefore, it cannot be...
Bombay High Court Restrains Local Retail Shop From Infringing 'The Body Care' Mark
The Bombay High Court has temporarily restrained a Mumbai-based retail store from using the name “The Body Care Shop”, ruling that it infringes the registered trademark “The Body Care”, owned by a city-based cosmetics business.A single bench of Justice Sharmila U Deshmukh delivered the order on November 7, 2025, in response to a trademark infringement and passing off petition filed by the proprietor of “The Body Care.”He stated that they have been engaged in the manufacture, marketing, and sale...
Bombay High Court Restrains Surat Company From Using German Entity's 'PETROFER' Mark
The Bombay High Court has granted an interim injunction in favour of German lubricant manufacturer Petrofer Chemie H.R. Fischer GmbH & Co. and its Indian licensee Hardcastle Petrofer Private Limited, restraining United Petrofer Limited, a Surat-based company, from using the mark 'PETROFER'. A single bench of Justice Arif S Doctor passed the order on November 6, 2025, while deciding an interim plea in a trademark infringement and passing-off suit concerning the registered mark...
Bombay High Court Lifts Restraint On UP-Based Popcorn Maize Seller In Brand Dispute With SNN
The Bombay High Court at Nagpur has recently set aside a District Court order restraining SNT & Co., a UP-based popcorn maize seller, from using its brand name and packaging, after finding that the court failed to properly compare the overall look and feel of its packaging with that of Shah Nanji Nagis Exports Pvt. Ltd. (SNN), which had accused SNT of copying its design.In an order passed on November 3, a single bench of Justice Rohit W Joshi lifted an earlier interim injunction and sent the...
Bombay High Court Upholds Order Barring Nagpur Bidi Maker from Using Look-Alike 'Online Bidi' Pack
The Nagpur Bench of the Bombay High Court has upheld an earlier order restraining the city based bidi maker-Rocket Bidi Works from using its 'ATM Bidi No.07' packaging, ruling that it closely resembles the trade dress and design of Mobile Bidi Traders' 'Online Bidi'. A single bench of Justice Rohit W. Joshi observed that the 'ATM Bidi' packets copied the distinctive blue colour scheme and layout of the 'Online Bidi' packaging, creating a strong likelihood of confusion among ordinary...
Income Tax | Assessee Should Not Be Penalised For Delay In Filing Return Caused By CA's Belated Advice: Bombay High Court
The Bombay High Court has held that the assessee should not be penalised for the delay in filing the return caused by the chartered accountant's belated advice. The bench noted that the delay is not due to any negligence on the part of the assessee, but to inadequate advice by the Chartered Accountant, a fact admitted by him in his affidavit. Justices B.P. Colabawalla and Amit S. Jamsandekar opined that the Petitioner ought not to be put to a considerable disadvantage as a result...
No One Can Claim Exclusivity Over Name Of Chhatrapati Shivaji Maharaj : Bombay High Court Refuses To Stall Release Of Marathi Film
The Bombay High Court has recently ruled that no one can claim exclusive rights over the name of 'Chhatrapati Shivaji Maharaj', while rejecting a film producer's plea to stop the release of a Marathi movie using the Maratha ruler's name in its title.A single bench of Justice Amit S. Jamsandekar made the observation while refusing relief in a plea by Everest Entertainment LLP, the producer of the 2009 Marathi film Mi Shivaji Raje Bhosale Boltoy. The company had approached the court against...
AO Cannot Rely Solely On Sales Tax Dept Data To Add Bogus Purchases Without Granting Cross-Examination: Bombay High Court
The Bombay High Court has held that the Assessing Officer (AO) cannot rely solely on Sales Tax Department Data for an income tax addition without granting cross-examination.Justices G.S. Kulkarni and Aarti Sathe stated that, "when the VAT assessment was pending adjudication, merely relying on the information of the Sales Tax Department without granting an opportunity to the Assessee to even cross-examine the hawala purchasers to confirm the purchases from them violated the basic facts of...
Bombay High Court Sets Aside ₹75 Lakh Compensation Awarded Against Hersheys India In Jumpin Drink Manufacturing Dispute
The Bombay High Court has recently set aside a Rs 75 lakh compensation awarded to Kanti Beverages Pvt. Ltd. against Hersheys India Pvt. Ltd. in a dispute over the contract to manufacture and package the fruit drink brand Jumpin. The court said the compensation was “picked virtually out of the hat” and had no basis.A single bench of Justice Somasekhar Sundaresan, in an order made available on Monday, noted that the arbitral tribunal had categorically found that the contract between Hersheys and...
'Don't Blindly Trust AI'; Bombay High Court Quashes Income Tax Assessment Passed On Unverified AI-Generated Case Laws
The Bombay High Court has quashed an income tax assessment after noting that the Assessing Officer had relied upon non-existent, AI-generated case laws while passing the assessment order. The Court stated that in the era of Artificial Intelligence, the tax authorities cannot blindly rely on such AI-generated results. AI-generated case laws must be cross-verified before using them in quasi-judicial functions. Justices B.P. Colabawalla and Amit S. Jamsandekar stated that in this era...