Stockbroker Cannot 'Wriggle Out' Of Liability For Agent's Unauthorized Acts: Bombay High Court

The Bombay High Court on 21 April, held that a stockbroker remains liable for unauthorised and fraudulent trades executed by its sub-brokers and agents, particularly where such acts arise in the course of agency and result in abnormal brokerage gains at the client's expense. Justice Arun R. Pedneker upheld the arbitral award directing IIFL Capital Services Limited to pay Rs. 14.37 lakh to investor Sukhadeo Gorakha Bhil and dismissed the appeal filed under Section 37 of the Arbitration and...

Input Tax Credit Blocking Cannot Continue Beyond One Year From Imposition: Bombay High Court

The Bombay High Court has recently reiterated that a restriction on utilization of Input Tax Credit in the Electronic Credit Ledger cannot continue beyond one year from the date of its imposition. A division bench of Justices G.S. Kulkarni and Aarti Sathe, examining Rule 86A(3) of the Central Goods and Services Tax Rules, 2017, observed, "Having heard learned Counsel for the parties and having perused the record, we are of the considered view that there appears to be much substance in the...

Bombay HC Pulls Up NCLT Mumbai Registry Over Scrutiny Lapse In Personal Guarantor Insolvency Plea

The Bombay High Court on Tuesday pulled up the Mumbai Registry of the National Company Law Tribunal (NCLT) for failing to follow mandatory procedures while scrutinising a personal guarantor insolvency petition under the Insolvency and Bankruptcy Code. A division bench of Justices Manish Pitale and Shreeram V. Shirsat held that the Registry did not comply with Rule 28 of the NCLT Rules and prior directions issued by the High Court in Bank of Baroda vs. Union of India. “It is obvious that the...

Stamp Duty On Amalgamation Cannot Be Based on Goodwill, Share Premium Account Entries: Bombay High Court

The Bombay High Court has held that while an amalgamation order is chargeable to stamp duty as a “conveyance”, stamp authorities cannot levy duty on such an order by treating accounting entries such as goodwill, share premium, or profit and loss figures as consideration in the absence of any real issuance of shares or payment of money. Holding that amounts reflected in accounts can be considered for stamp duty only if they are clearly linked to actual issuance of shares or real payment of...

Bombay High Court Sets Aside Unreasoned Rejection Of Boiler Alloy Patent By Patent Office On DAE Direction

The Bombay High Court has set aside the rejection of a patent application for an industrial alloy used in high-temperature boiler systems, holding that the refusal based on the Department of Atomic Energy's direction cannot stand without reasons. The court said the absence of reasons prevents the applicant from understanding the basis of rejection and from taking steps under the law. A division bench of Justices Bharati Dangre and Manjusha Deshpande was hearing a petition filed by Huntington...

Bombay High Court Quashes Union Bank's Wilful Defaulter Tag Against Former Promart Director

The Bombay High Court has recently quashed the Union Bank of India's decision declaring Punit Agarwal, a former director of Promart Retail India Pvt. Ltd., a willful defaulter in relation to credit facilities of about Rs. 40 crores, holding that the action violated the RBI Master Circular on Wilful Defaulters dated July 1, 2013 and principles of natural justice.A Division Bench of Justices Bharati Dangre and Manjusha Deshpande held that the mechanism adopted by the bank was contrary to the law...

Bombay High Court Finds No Novelty In Atomberg Fan Design, Refuses Interim Relief Against Stove Kraft

The Bombay High Court has recently declined to continue interim protection granted earlier to Atomberg Technologies Pvt. Ltd. in its design infringement suit against Stove Kraft Limited's “Pigeon” brand, finding that the rival ceiling fan is visually distinct and that the plaintiff's design does not show any real novelty beyond that of a standard ceiling fan. Justice Gauri Godse was deciding an application seeking to confirm an earlier ad-interim injunction passed on July 24, 2025, which had...

Bombay High Court Sets Aside GST Cancellation Order For Lack Of Reasons

The Bombay High Court has set aside an order cancelling the GST registration of Tex Fab India after finding that the impugned order did not contain any reasons. The Court also recorded that the attachment of the petitioner's bank account had lapsed by operation of law under Section 83(2) of the CGST Act. A bench of Justices G. S. Kulkarni and Aarti Sathe observed that the issue was no longer res integra and that recording reasons while cancelling GST registration is a settled legal requirement....

Can Dept. Issue One GST Notice Under Sections 73/74 Of CGST Act For Multiple Years? Bombay HC Refers Issue To Larger Bench

The Bombay High Court has referred to a Larger Bench the question of whether the GST Department can issue a single consolidated show cause notice covering multiple financial years under Sections 73 and 74 of the CGST Act. Section 73 of the CGST Act deals with the determination of tax not paid or short paid in cases not involving fraud or suppression, while Section 74 governs such determinations in cases involving fraud, wilful misstatement or suppression of facts. A Bench of Justices G. S....

Statutory Bar On Arbitrability Can Be Examined While Granting Interim Relief: Bombay High Court

The Bombay High Court on 16 April held that courts can examine arbitrability, including statutory bars, while deciding petitions under Section 9 of the Arbitration and Conciliation Act, 1996, especially where no Arbitral Tribunal exists.Section 9 allows a Court to grant interim protection measures before, during, or after arbitral proceedings to safeguard the subject matter of the dispute.A Bench of Justice Somasekhar Sundaresan allowed the review petitions filed by the Airports Authority of...

Bombay High Court Sets Aside Arbitral Award Against MSRDC In Toll Collection Dispute

The Bombay High Court has recently set aside an arbitral award in a dispute between Maharashtra State Road Development Corporation Ltd. (MSRDC) and Jai Laxmi Constructions Engineers and Contractors, holding that no arbitration agreement existed governing disputes under the Toll Collection Agreement and that an arbitration clause contained in a separate lender-related agreement could not be invoked for such disputes. A bench of Justice Somasekhar Sundaresan observed, “Therefore, the main test of...

Bombay High Court Protects Kartik Aaryan's Personality Rights, Orders Removal Of Infringing Content

The Bombay High Court has granted temporary relief to actor Kartik Aaryan, restraining identified and unidentified defendants from unauthorised use of his name, image, voice and likeness across websites, social media platforms, AI-generated content and chatbots, holding that such use prima facie violates his personality/publicity rights and right to privacy. In an order dated April 15, 2026, Justice Sharmila U. Deshmukh found a prima facie case of violation of personality and publicity rights,...