Supreme Court & High Courts
Jharkhand High Court Orders Separate Registers For SARFAESI Applications, Makes Records Accessible Under RTI
The Jharkhand High Court has directed all District Magistrates and Chief Judicial Magistrates in the State to maintain separate registers for applications filed by banks and financial institutions under Section 14 of the SARFAESI Act. Section 14 empowers District Magistrates and Chief Judicial Magistrates to assist secured creditors in taking physical possession of secured assets when such assistance is sought under the Act. The court further directed that the registers be treated as public...
Delhi High Court Restrains Astormueller From Using 'n:' And 'nu:beat' Marks In New Balance Trademark Suit
The Delhi High Court has temporarily restrained Swiss footwear company Astormueller AG and its Indian subsidiaries from manufacturing, selling, or advertising footwear bearing the standalone "n:" logo or the "nu:beat" logo mark. The restraint will operate during the pendency of a trademark suit filed by New Balance Athletics Inc.Justice Jyoti Singh held that New Balance had made out a prima facie case for passing off. The court also found that the impugned logo marks were deceptively similar to...
Karnataka High Court Upholds ₹1.77 Lakh Refund, Says Developer Failed To Establish RERA Exemption Claim
The Karnataka High Court has upheld an order directing a Bengaluru-based real estate developer and its promoter to refund about ₹1.77 lakh with interest to homebuyers. It found that the project, which remained unregistered under the Real Estate (Regulation and Development) Act, 2016, could not claim exemption from registration without demonstrating compliance with the statutory requirements.A division bench of Justice Jayant Banerji and Justice Tara Vitasta Ganju observed:“It is the mandate of...
Kerala High Court Revises Its Guidelines On Freezing Bank Accounts Suspected Of Money Mule Activity
The Kerala High Court on 14 July held that banks can freeze accounts suspected to be “money mule” accounts based on their own assessment of suspicious activity, even without a requisition from a law enforcement agency, as they are best placed to identify such accounts. Therefore, courts must give due weight to their assessment. Justice M.A. Abdul Hakhim revised the guidelines governing the freezing of suspected money mule accounts while disposing of a petition filed by Ajith P.R. seeking a...
IBBI Chairperson Cannot Act As Disciplinary Committee Under IBC: Calcutta High Court
The Calcutta High Court on 16 July held that the Chairperson of the Insolvency and Bankruptcy Board of India (IBBI) cannot act as the Disciplinary Committee under the Insolvency and Bankruptcy Code (IBC), as the Committee can consist only of Whole-Time Members of the IBBI. Justice Shampa Sarkar allowed the petition filed by Sashi Agarwal, an Insolvency Professional, and set aside the IBBI order cancelling his registration under Section 220(2) of the IBC, which empowers the Disciplinary...
Madras High Court Quashes Bank Account Attachment Under GST For Lack Of Tangible Material
The Madras High Court on 8 July held that a provisional attachment of a taxpayer's bank accounts under Section 83 of the Central Goods and Services Tax (CGST) Act cannot be sustained merely by reproducing the statutory language without disclosing any tangible material or reasons to justify the action. Section 83 of the CGST Act empowers the Commissioner to provisionally attach a taxpayer's property, including bank accounts, to protect government revenue during the pendency of specified...
Bombay High Court Imposes ₹82 Lakh Costs On Hair Cream Manufacturer For Breaching 'NOVA' Trademark Injunction
The Bombay High Court has imposed more than ₹82 lakh in costs on the proprietor of a brilliantine hair cream manufacturing business after holding that he wilfully violated a 2010 injunction. The court found that he continued to market products under the 'NONI' label and the 'NOVA MINI' mark despite being restrained from using Dr. Ashok M. Bhat's registered 'NOVA' trademark and artistic work.Justice Arif S. Doctor directed Harichand Nagpal, sole proprietor of Ravi Industries, to pay ₹32.42 lakh...
Delhi High Court Upholds ₹662 Crore Toyo-L&T Award, Says Contract Interpretation Cannot Be Revisited
The Delhi High Court on 15 July upheld an arbitral award of around Rs. 662 crore in favour of the consortium of Toyo Engineering Corporation and Larsen & Toubro Limited, holding that an arbitral tribunal's plausible interpretation of contractual terms cannot be re-examined under Section 34 of the Arbitration and Conciliation Act, 1996. Justice Amit Bansal dismissed the petition filed by Indian Oil Corporation Limited (IOCL) challenging the award, holding that the arbitral tribunal had...
State Cannot Recover Unintended Benefit From Contractor After Accepting Lump Sum Contract: Telangana HC
The Telangana High Court on 9 July held that the State cannot withhold a contractor's security deposit by raising a claim of “unintended benefit” from Central Excise Duty exemption after accepting a lump-sum contract value without accounting for the exemption at the tender stage. A Division Bench of Justices Moushumi Bhattacharya and Gadi Praveen Kumar dismissed the State's appeal and partly allowed the appeal filed by Gammon Engineers and Contractors Pvt. Ltd. by setting aside the liberty...
Content Creators Move Delhi HC Alleging Misuse Of Facebook 'Edit Post' Tool To Trigger False Copyright Strikes
Two content creators have approached the Delhi High Court alleging that Meta's copyright enforcement system is being exploited by bad actors who manipulate Facebook's "Edit Post" feature to make stolen videos appear older. They claim the allegedly backdated posts are then used to file false copyright complaints against the original creators, resulting in repeated takedowns of their own content.While one creator says the alleged abuse led to the permanent disabling of his verified Instagram...
Minor Admitted To Partnership Firm's Benefits Not Liable For Firm's Loan Default: Kerala High Court
The Kerala High Court on 7 July held that a person admitted only to the benefits of a partnership firm as a minor cannot be treated as a defaulter for the firm's loan merely because the firm failed to repay its dues. Justice M.A. Abdul Hakhim allowed a petition filed by Dhruv Hitesh Dattani challenging adverse remarks in his CIBIL report, observing that since the partnership firm had already dissolved before he attained majority, there was no occasion for him to exercise the option under...