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...

Non-Signatory Group Companies Cannot Be Automatically Impleaded In Arbitration: Bombay High Court

The Bombay High Court has recently held that every group company connected to a commercial transaction cannot automatically be dragged into arbitration just because it belongs to the same corporate group as a signatory party or played some role in the underlying transaction. Explaining the scope of the “group of companies” doctrine, Justice Somasekhar Sundaresan held, “What becomes clear is that whether a non-signatory is a veritable party to the arbitration agreement is the subject matter...

Proof Of Cheque Execution Under NI Act Triggers Presumption Unless Rebutted: Kerala High Court

The Kerala High Court on Monday, 18 May, held that once a complainant proves the transaction and execution of a cheque in a prosecution under Section 138 of the Negotiable Instruments Act, the statutory presumptions under Sections 118 and 139 operate in the complainant's favour unless rebutted by the accused. Justice A. Badharudeen set aside a Trial Court judgment acquitting Jayapal, the accused in a cheque dishonour case involving Rs. 3 lakh and convicted him under Section 138 of the NI Act....

Arbitrator's Mandate Can't Be Denied Extension Because It May Remove Challenge Ground: Delhi High Court

The Delhi High Court has extended an arbitrator's mandate after an arbitral award had already been pronounced, holding that an extension cannot be refused merely because it would eliminate a ground to challenge the award. Justice Avneesh Jhingan observed, “Merely as the outcome of the arbitration proceedings was known to the parties and with extension of the mandate one of the ground to challenge award under Section 34 of the Act may not survive, cannot be the consideration for rejection...

Delhi High Court Quashes Unreasoned Patent Refusal To AbbVie, Flags Inconsistent Maintainability Findings

The Delhi High Court on 29 April set aside an order of the Deputy Controller of Patents and Designs refusing a patent application filed by Abbvie Ireland Unlimited Company, holding that refusal orders must be reasoned and that divisional applications cannot be rejected on inconsistent maintainability grounds without proper analysis of the record. Justice Jyoti Singh quashed the order and remanded the matter for fresh consideration. She observed: “Refusing a patent application is a serious...

Copyright Registration Cannot Be Granted Automatically If No Objection Is Filed: Calcutta High Court

The Calcutta High Court has recently held that copyright registration cannot be granted merely because no objection is received within the statutory period, holding that the Registrar of Copyright must independently verify the correctness of the application before granting registration. Interpreting the Registrar's obligations under the Copyright Rules in cases where no objection is received to a registration application, Justice Arindam Mukherjee observed, “On a conjoint reading of the...

Bombay High Court Finds Prolonged Detention In Cheque Bounce Case “Shockingly Disproportionate”

The Bombay High Court on 5 May held that prolonged incarceration of a cheque bounce convict solely for non-payment of compensation is ex-facie unreasonable, excessively harsh and "shockingly disproportionate". A Bench of Justice N.J. Jamadar modified the default sentence imposed on Cyrus Noshirwan Kartak, the Director of Mintaur Engineering Private Limited in 17 cheque dishonour cases to the period already undergone and directed his release. He observed:“Default sentence is...

Delhi High Court Directs ED To Release ₹1.54 Crore To Satyam Caterers Despite Pending PMLA Appeal

The Delhi High Court has directed the Directorate of Enforcement to release over ₹1.54 crore to Satyam Caterers Pvt Ltd, subject to a bank guarantee of an equivalent amount, in a money laundering case. The court held that the excess recovery could not be withheld solely because ED's separate appeal against the reduced quantification of proceeds of crime is pending. A division bench of Justice Navin Chawla and Justice Ravinder Dudeja set aside an order of the Appellate Tribunal under SAFEMA,...

Father Of Deceased Taxpayer Can Be Treated As Legal Representative Despite Not Being Legal Heir: Delhi HC

The Delhi High Court has held that the father of a deceased assessee can be treated as a “legal representative” under the Income Tax Act even if he is not a Class-I heir under the Hindu Succession Act.A Division Bench of Justices Dinesh Mehta and Amit Mahajan observed,“A person need not be a legal heir, much less a Class I heir under the Hindu Succession Act to fall within this definition. The test is not one of inheritance; it is one of representation vis-à-vis the estate of the deceased.”The...

Delhi High Court Upholds Dr. Reddy's Rights Over “REDDY” Mark, Rejects Acquiescence Defence

The The Delhi High Court on 18 May dismissed proceedings filed by Reddy Pharmaceuticals Ltd. and upheld reliefs granted in favour of Dr. Reddy's Laboratories (DRL) Ltd. in a long-running dispute over the mark “REDDY”, affirming both the permanent injunction and the order directing removal of the trademark.A Division Bench Justices C. Hari Shankar and Om Prakash Shukla dismissed Reddy Pharmaceuticals' appeal against the Single Judge's decree and rejected its writ petition challenging the...

Arbitral Tribunal's Refusal To Implead Proposed Parties Is Appealable: Bombay High Court

The Bombay High Court has held that where an arbitral tribunal finds it lacks jurisdiction over persons sought to be added to arbitration proceedings, such a decision can be challenged, though it declined to interfere with such a refusal in a dispute between two partners in a property development firm. Justice Somashekar Sundaresan held that such intervention may be necessary because, “if the arbitration proceedings are conducted entirely without the involvement of someone who is later...