Court-Appointed Valuer Entitled To Fees Despite Lack Of Prior Sanction Of Payment: Bombay High Court

The Bombay High Court has held that a Valuer engaged by a Court Receiver is entitled to treat the assignment as court-authorised. An administrative failure to obtain prior sanction before paying fees above the prescribed limit cannot, by itself, deprive the Valuer of reasonable payment for work actually carried out and accepted.“More importantly, a Valuer appointed at the instance of the Court Receiver is entitled to proceed on the basis that the assignment entrusted to it is a legitimate...

Borrower Is Entitled To Expect Bank To Safeguard And Return Title Documents After Repaying Loan: Bombay High Court

The Bombay High Court has recently ruled that a borrower who has fully repaid a loan is entitled to assume that a bank or financial institution entrusted with original title documents will preserve them properly. It must also return the documents after the secured liability is discharged."In our view, a borrower who has fully discharged the loan is entitled to proceed on the legitimate assumption that the Bank or a Financial Institution entrusted with the custody of valuable original title...

Bombay High Court Orders Takedown of AI Deepfakes Misusing Actor Shruti Haasan's Personality Rights

The Bombay High Court has ordered the removal of online content identified in actor Shruti Haasan's suit and restrained the unauthorised use of her name, voice, image and likeness through artificial intelligence and other technology.Justice Madhav J. Jamdar granted the relief as an ad-interim measure after observing that the material placed before the court made out “a very strong prima facie case”. The relief will continue until further orders.Haasan approached the court after discovering a...

Bombay High Court Refuses Metro Brands Leave To Combine Trademark, Passing Off Claims Against Kerala Rival In Mumbai

The Bombay High Court has refused to allow footwear company Metro Brands Limited to combine its passing-off claim with its trademark infringement suit against Kerala-based Met Brands Private Limited in Mumbai. The court found that the balance of convenience favoured a trial in Kerala. The alleged passing off took place there, and Met Brands carries on business in the State.Justice Gauri Godse observed that Metro Brands had not pleaded that its principal place of business was only within Mumbai's...

Foreign Remittances Alone Can't Establish Gross Turnover As 'Proceeds Of Crime': Bombay High Court

On September 2, the Bombay High Court held gross business turnover or foreign remittances cannot, by themselves, establish that an entire turnover or all bank balances of a company constitute “proceeds of crime” under the Prevention of Money Laundering Act (PMLA).A Division Bench of Justices A.S. Gadkari and Kamal Khata quashed and set aside the 6 March 2025 order of the PMLA Appellate Tribunal which had upheld the 15 March 2023 order of the Adjudicating Authority continuing the freezing of...

Bombay High Court Directs Release Of Imported Areca Nuts Without Guarantee, Says FSSAI Clearance Suffices

The Bombay High Court on 31 August directed the Customs Department to release two consignments of imported roasted areca nuts belonging to Shivshakti Enterprises without insisting on a Rs. 40 lakh bank guarantee. A Division Bench of Justices M.S. Karnik and Sandesh D. Patil applied the principle laid down in the High Court's earlier decision in NBG International Private Limited v. Union of India & Ors. and held that the issue in the present case was squarely covered by that ruling. The...

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...

RERA Tribunal Has Inherent Power To Restore Proceedings Dismissed For Default: Bombay High Court

The Bombay High Court has held that the Real Estate Appellate Tribunal has inherent power to restore proceedings dismissed for default, even though such power is not expressly provided under Section 53(4) of the Real Estate (Regulation and Development) Act, 2016 (RERA), as the Tribunal is required to be guided by principles of natural justice. Justice N. J. Jamadar, on 22 July, dismissed developer Hubtown Ltd.'s second appeal and upheld the Maharashtra Real Estate Appellate Tribunal's order...

Different Financial Years Cannot Be Clubbed In One Section 73 Show Cause Notice: Bombay High Court

The Bombay High Court on 28 August reiterated that demands for different financial years cannot be clubbed in a single show cause notice issued under Section 73 of the Central Goods and Services Tax Act, 2017 (CGST Act). A Division Bench of Justices Anil L. Pansare and Nivedita P. Mehta held that the statutory scheme treats each financial year as a separate tax period for assessment and recovery, with separate due dates and limitation periods. It therefore held that different financial years...

Bombay High Court Quashes Reassessment Against Royal Chains, Says 'Reason To Suspect' Not Enough

The Bombay High Court on 24 August quashed an Income Tax reassessment notice issued to jewellery manufacturer Royal Chains Pvt Ltd for Assessment Year 2016-17. A Division Bench of Justices B.P. Colabawalla and Farhan P. Dubash noted that a completed Income Tax assessment cannot be reopened merely on the basis of suspicion about an investor's background, without material having a direct nexus with the particular transaction and the alleged escapement of income. It observed: “The connection that...

Bombay High Court Orders ₹3.14 Cr Pre-Deposit To IBM, Says Pending Appeal Can't Affect Dropped Demand

On 28 August, the Bombay High Court held that a taxpayer cannot be denied refund of the GST pre-deposit corresponding to a tax demand that has already been set aside, merely because it intends to challenge the remaining demand before the GST Appellate Tribunal. A Division Bench of Justices M.S. Karnik and Sandesh D. Patil allowed IBM India Pvt. Ltd.'s petition challenging the rejection of its claim for refund of Rs. 3.14 crore. The judge held:“It is pertinent to note that under the erstwhile...