Sonu Nigam Namesake Agrees Before Bombay High Court To Stop Using Singer's Name On Social Media

A man who ran a social media account under the name “Sonu Nigam” has agreed before the Bombay High court to stop using the singer's name, photograph, likeness, and other personality attributes in a manner that exploits or misappropriates his personality and publicity rights, bringing a year-long dispute between the two men to an end.Justice Madhav J. Jamdar recorded the settlement on August 13 and decreed the suit in terms of the Consent Terms. Sonu Nigam Singh can continue operating the account...

CESTAT Must Decide All Issues As Final Fact-Finding Authority: Bombay High Court

The Bombay High Court has recently observed that the Customs, Excise and Service Tax Appellate Tribunal (CESTAT), as the final fact-finding authority under the statute, must adjudicate all issues arising from the record. Failure to consider a contention and render a finding on it amounts to failure to exercise jurisdiction, the court observed.“The CESTAT, being the final fact-finding authority under the statute, was duty bound to adjudicate on all issues arising from the record. Its failure to...

Bombay High Court Refuses To Restore Terminated LPG Transport Contract Pending Arbitration

The Bombay High Court has refused to order Bharat Petroleum Corporation Limited (BPCL) and Indian Oil Corporation Limited (IOCL) to resume LPG load allotments to tank-truck operators whose transport arrangements were terminated. The court held that such a direction would effectively revive the terminated contractual relationship while the dispute is pending arbitration.Justice Amit Borkar observed, “if prayer clause (b) is granted, result would be that contractual relationship which has been...

Bombay High Court Rules In Favour Of IL&FS In ₹848.80 Crore Recovery Suits

The Bombay High Court has decreed four commercial summary suits in favour of IL&FS Financial Services Ltd., directing the borrowers, guarantors and other parties named in the respective suits to jointly and severally pay about ₹848.80 crore in outstanding dues. The amounts range from ₹53.94 crore to ₹321.46 crore across the four matters, with 9% interest from the date of filing until realisation.Justice Gauri Godse held that IL&FS had complied with directions to impound the loan,...

Only SEBI Can Initiate Criminal Complaint For Front-Running Under SEBI Act: Bombay High Court

The Bombay High Court has reiterated that a criminal complaint for an offence under the SEBI Act can be initiated only by the Securities and Exchange Board of India (SEBI). It ruled that a court cannot take cognizance of such an offence on the basis of an FIR lodged by a private complainant. Justice Ranjitsinha Raja Bhonsale held that Section 26 of the SEBI Act bars a court from taking cognizance of an offence punishable under the Act unless the complaint is made by the SEBI Board. ...

Vijay Mallya Claims ₹15,000 Crore Recovered Against ₹6,203 Crore Dues: Bombay High Court Asks SBI, ED To Respond

Fugitive businessman Vijay Vittal Mallya has told the Bombay High Court that his civil liabilities to a consortium of banks have effectively been settled, with the lenders having recovered approximately ₹15,000 crore against an original claim of about ₹6,203 crore, including interest.The submission was made by Senior Advocate Amit Desai, appearing for Mallya, in a plea challenging a Special PMLA Court order that allowed the lender consortium to utilise confiscated assets for recovery of debts...

Homebuyers' Right To Interest Under RERA For Delayed Possession Is Independent, Indefeasible: Bombay High Court

The Bombay High Court has held that a homebuyer's right to receive interest for delayed possession under the Real Estate (Regulation and Development) Act, 2016 (RERA) is an independent and indefeasible statutory right.The court held that this right cannot be defeated by relying on the principle under the Indian Contract Act that may restrict a claim for compensation where delayed performance is accepted without reserving such a claim.A Single Bench of Justice N.J. Jamadar delivered the ruling...

Bombay High Court Temporarily Restrains Dabur From Using 'NEEM' As Leading Feature On Toothpaste Label

The Bombay High Court has temporarily restrained Dabur India Ltd from using its toothpaste label featuring 'NEEM' as the leading and essential feature in an interim order favouring Jyothy Labs Ltd. in a trademark infringement and passing-off suit. Justice Arif S. Doctor, while allowing the interim application, clarified that Dabur was not barred from using the word 'NEEM' descriptively, but could not use it as a prominent, source-identifying feature on the label. “It is, however, clarified...

Company's 'Fraud' Classification Doesn't Automatically Attract Penal Consequences For Directors: Bombay High Court

The Bombay High Court has held that directors would not face penal consequences under the Reserve Bank of India's 2024 Fraud Master Circular merely because their company has been declared "fraud." The directors themselves must be declared “fraud” after following the procedure prescribed under the Circular. “Merely by declaring the 5th Respondent Company as “fraud” and the Petitioners not being declared as “fraudsters” by the 1st Respondent Bank would not visit upon them the penal consequences...

Bombay High Court Refuses EV Licensees Interim Relief In Arbitration Over Mumbai Airport Charging Stations

The Bombay High Court has refused to allow three EV charging station licence holders to restart their projects on Airports Authority of India (AAI) land in Mumbai, holding that such relief could effectively restore performance under license agreements that AAI had sought to terminate.Justice Amit Borkar observed that the interim reliefs sought under the Arbitration Act were mandatory in nature to a considerable extent and went beyond merely preserving the existing position. “Petitioners do not...

R&D Deduction Claim Cannot Be Rejected As Delayed When Audit Report Was Filed On Time: Bombay High Court

The Bombay High Court has ruled that an application for the DSIR's report on eligible in-house R&D expenditure (Form 3CL) cannot be treated as delayed where the company had submitted the required audit report (Form 3CLA) within the deadline for filing its income tax return.“It must therefore be accepted that uploading of Form 3CLA by an Assessee to its e-filing account on the website of the Income Tax Department, on or before the due date of filing of the Return of Income, satisfies the...

Bombay High Court Directs Amazon Retail To Hand Over Expired Goods To FDA For Disposal

The Bombay High Court has recorded a stop-gap arrangement under which Amazon Retail India Pvt Ltd will prepare an inventory of expired goods lying inside its effectively sealed warehouse. The goods will then be handed over to the Food and Drug Administration (FDA) for verification and disposal as per the prescribed procedure. The case relates to FDA action concerning expired and damaged food products at Amazon Retail's warehouse in Bhiwandi, Thane. The FDA inspected the facility on June 24,...