Calcutta High Court Denies Urgent Relief To Dabur In Suit Against Influencer Over 'Real Fruit Power' Videos

The Calcutta High Court on Tuesday issued notice to Avanish Agarwal and other respondents on a suit filed by Dabur India Ltd alleging that videos posted by Agarwal about its REAL Fruit Power brand were misleading, malicious, disparaging, and defamatory, while declining immediate interim relief. Justice Sugato Majumdar, hearing the matter on May 19, observed that while Dabur's right to seek legal recourse could not be denied, consumer interest and the dissemination of information relevant to...

ECIR Cannot Be Quashed At Threshold As It Is An Internal ED Document: Patna High Court

The Patna High Court on 18 May held that an Enforcement Case Information Report (ECIR) under the Prevention of Money Laundering Act, 2002 (PMLA) is an internal document of the Enforcement Directorate (ED) and cannot ordinarily be subjected to quashing, observing that such a plea is premature unless it translates into a prosecution complaint or other actionable proceedings. Justice Arun Kumar Jha dismissed a writ petition filed by Rishu Shree seeking to quash ECIR-13 and ECIR-14 and restrain the...

Arbitration Clause Survives In Continuing Commercial Transactions Absent Clear Waiver: Calcutta High Court

The Calcutta High Court on 19 May held that where a series of agreements form part of a single, continuous commercial transaction, an arbitration clause in the original agreement survives in subsequent arrangements unless the later agreement clearly and unambiguously shows an intention to abandon arbitration. Justice Gaurang Kanth allowed a Section 11 petition filed by The Peerless General Finance and Investment Company Ltd and appointed former Judge of the Calcutta High Court, Justice Indra...

Delhi HC Directs AI+ Smartphones Founder To Appear Over Alleged Suppression In Injunction Against TechWiser

The Delhi High Court on Wednesday directed the personal appearance of Madhav Sheth, founder of NxtQuantum Shift Technologies India Pvt Ltd, trading as AI+ Smartphones, after hearing allegations that the company suppressed material facts and used incorrect contact details while obtaining an ex parte injunction against tech reviewer Prateek Rai of TechWiser. Justice Tushar Rao Gedela passed the direction while hearing Rai's application seeking vacation of the April 28 order restraining him from...

Kerala HC Refers Malabar Group Companies' Dispute With Shareholders Over Non-Compete Breach To Arbitration

The Kerala High Court has recently referred to arbitration a dispute between three Malabar Group companies and certain shareholders over allegations that the shareholders breached non-compete provisions in the companies' Articles of Association by becoming involved in rival jewellery businesses. Justice S Manu was dealing with petitions filed by Malabar International Gold Designs Private Limited, Luster Gold Palace (India) Private Limited and Malabar Gold Supermarket (Kannur) Private Limited...

Calcutta High Court Says Municipal Tax Dispute Over Office Space Is Commercial Dispute

The Calcutta High Court has upheld the transfer of a civil suit over municipal tax liability arising from a property conveyance dispute to its Commercial Division. The court held that the dispute qualified as a commercial dispute because the immovable property was being used as office space when the suit was filed.A division bench of Justice Debangsu Basak and Justice Md. Shabbar Rashidi ruled, “As on the date of filing of the suit, the immovable property was used as office space,” and held that...

Pending Arbitration Does Not Bar Eviction Proceedings Under West Bengal Public Land Act: Calcutta High Court

The Calcutta High Court has recently held that pending arbitration over a lease dispute does not by itself prevent public authorities from initiating eviction proceedings under the West Bengal Public Land (Eviction of Unauthorised Occupants) Act against an alleged unauthorised occupant of public land. Justice Om Narayan Rai, however, set aside the impugned eviction notice after finding that the statutory authority had acted with a prejudged and influenced mind. Explaining why the pending...

Calcutta High Court Treats Polypropylene Sacks As Plastic, Not Textile Products In GST Dispute

The Calcutta High Court has held that polypropylene leno bags manufactured by Mega Flex Plastics Limited should be treated as plastic sacks, not textile products, for GST purposes. A Division Bench comprising Justice Debangsu Basak and Justice Md. Shabbar Rashidi observed that the company's bags were commonly known in the market as “plastic sacks” and not textile sacks. The court held, “The sacks manufactured by the appellant are commonly known in the market as plastic sacks. They are not...

Delhi High Court Quashes IT Order After Dept. Failed To Intimate Decision On Taxpayer's Adjournment Request

The Delhi High Court has quashed an income tax assessment order and demand notice after finding that a taxpayer was denied a fair hearing. The tax department failed to communicate whether his adjournment request had been accepted or rejected. It also passed the order without considering the reply he had filed. A Bench of Justice Dinesh Mehta and Justice Vinod Kumar observed, “It is clear that the petitioner's right of being heard has been infracted and the violation of petitioner's Fundamental...

Bombay High Court Orders Meta To Suspend SWISSTOURS Trademark-Infringing Instagram Account

The Bombay High Court has ordered Meta to suspend an account accused of infringing the 'SWISSTOURS' trademark after finding that the handle continued operating despite an earlier restraining order. Justice Sharmila U. Deshmukh, in an order passed on May 4, directed the social media platform to take all steps within its power to suspend, lock, or disable public access to the impugned Instagram handle after noting that it remained active despite an ad-interim injunction granted in December last...

Madras High Court Refuses To Reject Seven Arts' Copyright Suit In Hera Pheri Remake Rights Dispute

The Madras High Court has dismissed filmmaker Firoz Nadiadwala's plea seeking rejection of a copyright infringement suit filed by Seven Arts International Limited. The suit concerns alleged remake rights to the Malayalam films Ramji Rao Speaking and Mannar Mathai Speaking, which Seven Arts claims form the basis of the Bollywood Hera Pheri franchise. Justice Senthilkumar Ramamoorthy passed the order on April 24. Seven Arts claimed in the suit that it acquired remake rights to both films through...

Madras High Court Restrains MRF's Former Dealer, Another Delhi Entity From Using Its Trademark

The Madras High Court has granted temporary relief to MRF restraining two Delhi-based entities from using its trademarks in relation to their business after MRF alleged that one of them continued displaying the marks at trade exhibitions despite a written undertaking not to do so. Justice Senthilkumar Ramamoorthy passed the order on April 29 in a suit filed by MRF seeking relief for alleged trademark infringement, copyright infringement, and passing off against Conveyo Belt Centre and Shri Ram...