Supreme Court & High Courts
Karnataka High Court Rejects Ex-Director's Objection To Settlement With NHAI After Company's Liquidation
The Karnataka High Court has declined to entertain an objection by an erstwhile director of A.L. Sudershan Construction Co. Ltd. against a settlement with the National Highways Authority of India (NHAI) over an arbitral award The court observed that the company was under liquidation and was duly represented by the Resolution Professional, and that any objection would have been raised at an appropriate time before the National Company Law Tribunal. A Division Bench of Justices Anu Sivaraman and...
Bombay High Court Refuses Interim Relief To Bristol Bakery, Grupo Bimbo In 'Bimbo' Trademark Dispute
The Bombay High Court has recently refused interim injunctions sought by both Bristol Bakery and Mexican food company Grupo Bimbo in their cross-suits over the use of the trademark "Bimbo". It held that both companies had allowed the other to use the mark for years without taking timely legal action and that their long coexistence should not be disturbed at the interim stage. Justice Sharmila U. Deshmukh passed the order on July 6. "Grupo Bimbo and Bristol Bakery have acquiesced in the use...
Telangana High Court Dismisses ED Appeals In VANPIC Money Laundering Case Linked To Y.S. Jagan Mohan Reddy
The Telangana High Court has recently dismissed a batch of appeals filed by the Enforcement Directorate (ED) in the alleged quid pro quo investments case linked to companies promoted by Y.S. Jagan Mohan Reddy. The CBI had alleged that companies invested in businesses linked to him in return for favours extended by the then Andhra Pradesh government headed by his father, late Chief Minister Y.S. Rajasekhara Reddy. The appeals challenged a PMLA Appellate Tribunal order directing the release of...
Telangana High Court Dismisses Dr. Reddy's Plea Against CCI's Procedural Directions In Antitrust Probe
The Telangana High Court recently dismissed a writ petition filed by Dr. Reddy's Laboratories Limited challenging procedural directions issued by the Competition Commission of India (CCI) during an ongoing inquiry into alleged anti-competitive practices in the pharmaceutical distribution sector. Justice Nagesh Bheemapaka held that the impugned order merely directed the petitioner to file objections to the Director General's investigation report and furnish audited financial statements, without...
GST Reimbursement Tied To Contractual Terms, Cannot Override Statutory Scheme: Karnataka High Court
The Karnataka High Court on 25 June held that disputes concerning reimbursement of additional GST liability arise out of contractual arrangements between contractors and employers and cannot be used to alter or override the statutory framework governing GST levy, assessment and recovery. A Division Bench of Justices S.G. Pandit and Rajesh Rai K. modified a Single Judge's order that had directed reimbursement of GST amounts to a contractor, which was passed relying on Sri Chandrashekaraiah and...
Madhya Pradesh High Court Upholds Tax On Soya Flour, Holds It Not Covered Under Exempt 'Atta' Category
The Madhya Pradesh High Court on 30 June upheld the orders of commercial tax authorities imposing Central Sales Tax on interstate sales of soya flour, holding that the product does not qualify as exempt “atta” under the relevant exemption notification. A Division Bench of Acting Chief Justice Vivek Rusia and Justice Pradeep Mittal dismissed the writ petition filed by Sonali Soya Pvt. Ltd. & Ors. and affirmed the tax demand raised against the petitioners. The judges held:“The Soya Flour...
Madras High Court Protects Travel Content From Alleged AI Scraping, Grants Interim Relief
The Madras High Court on 1 July granted an ad-interim injunction in favour of Keshan Infotech Pvt Ltd, restraining alleged unauthorised scraping and AI-driven use of its digital travel content. Justice K. Kumaresh Babu held that the unauthorised use of proprietary content as training data or prompts for Large Language Models (LLMs) raises a prima facie case of copyright infringement warranting immediate judicial intervention. He directed that “there shall be an order of injunction as prayed...
Karnataka High Court Upholds Order Restraining MI Marbo Italia From Using 'MI Marbo Italia' Trade Name
The Karnataka High Court on 11 June dismissed an appeal filed by MI Marbo Italia and upheld a 2015 order of a Sessions Judge restraining it from using the trade name “MI Marbo Italia”, finding it deceptively similar to the registered trademark “M Marble Italia.” A Bench of Justice Hanchate Sanjeevkumar observed that “there is no perversity and there is no need to cause interference with the findings given by the trial Court in allowing the application.”M Marble Italia (Tile Italia Mosaics...
Sec.138 NI Act Not Maintainable On Cheque Issued After Company's Dissolution: Karnataka High Court
The Karnataka High Court on 1 July held that proceedings under Section 138 of the Negotiable Instruments Act, 1881 are not maintainable where a cheque is issued in the name of a company that had already been struck off and dissolved. A Bench of Justice M Nagaprasanna allowed the petition and quashed the complaint proceedings initiated against Giga Networks Private Limited and its former director. He observed: “On a blend of the judgments rendered by the Apex Court and that of the High Court of...
AP High Court Sets Aside VAT Orders On ISRO's Satish Dhawan Space Centre, Flags National Interest
The Andhra Pradesh High Court on 22 June set aside VAT assessment orders passed against Satish Dhawan Space Centre SHAR, a unit of the Indian Space Research Organisation, holding that an improper tax burden on an institution engaged in critical space programmes could adversely affect national interest. A Division Bench of Justices R. Raghunandan Rao and T. C. D. Sekhar allowed the writ petition, set aside the assessment orders, and remanded the matter to the assessing authority for fresh...
Bank's Failure To Inform Borrower Of Insurance Rejection Is Deficiency In Service: Chhattisgarh High Court
The Chhattisgarh High Court on 25 June held that a bank which facilitates insurance under a loan-linked group insurance scheme must inform the borrower of rejection of the insurance proposal, and failure to do so constitutes deficiency in service. A Bench of Justice Ravindra Kumar Agrawal dismissed a petition filed by State Bank of India under Article 227 of the Constitution and affirmed the orders passed by the District, State and National Consumer Commissions. He observed: “Once the...