Allowing Group Company To Use Part Of Company's Premises Does Not Create Third-Party Rights: Bombay High Court

The Bombay High Court has recently held that permitting another company within the same business group to use part of a company's premises does not amount to induction of a third party merely because money changes hands between the two entities. The court observed that payments between group companies may merely be internal accounting arrangements and do not, by themselves, create a presumption of tenancy or a commercial licence. Justice Sandeep V. Marne dismissed a revision application filed...

MSME Borrower Must Establish Status Before NPA To Avail RBI's Revival Framework: Kerala High Court

The Kerala High Court has reiterated that an MSME borrower seeking the benefit of the RBI's statutory framework for revival and rehabilitation must disclose its MSME status to the lending bank. It must also produce authenticated documents establishing its eligibility at the time of availing credit facilities or, at the latest, before the loan account is classified as a non-performing asset (NPA). A division bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M., applying the Supreme...

Commercial Courts Cannot Hear Eviction Suits Under Jharkhand Rent Act: Jharkhand High Court

The Jharkhand High Court has recently held that the Commercial Courts Act does not confer jurisdiction over eviction proceedings where a special rent control law vests that jurisdiction exclusively in the Rent Controller. It ruled that a Commercial Court cannot entertain such disputes merely because the leased premises are used exclusively for trade and commerce. Justice Ananda Sen delivered the judgment. The court held that the Jharkhand Building (Lease, Rent & Eviction) Control Act,...

Delhi High Court Refuses To Stay Former Congress MLA Rajendra Bharti's Conviction In Gramin Vikas Bank Fraud Case

The Delhi High Court on Friday refused to stay the conviction of former Madhya Pradesh MLA and Congress leader Rajendra Bharti for defrauding the Zila Sahkari Krishi Aur Gramin Vikas Bank The order leaves his conviction operative and his disqualification from the Madhya Pradesh Assembly undisturbed ahead of the scheduled by-election for the Datia constituency. A single-judge bench of Justice Manoj Jain dismissed Bharti's application seeking a stay on his conviction pending the disposal of his...

Bombay High Court Orders Occupants To Vacate, Says Delay By Few Members May Affect Entire Redevelopment Project

The Bombay High Court has granted interim relief pending arbitration by directing three occupants of a co-operative housing society to vacate their premises within two weeks. The court held that, in the facts of the case, the disputes raised by them could not justify delaying a redevelopment project after 15 of the society's 17 members had already executed the redevelopment documents and the necessary municipal approvals had been obtained. Justice Amit Borkar observed, “Delay by only a few...

Delhi High Court Temporarily Restrains Use Of 'ISI HP' Mark In Landmark Crafts' 'HP' Trademark Suit

The Delhi High Court has recently granted an ex parte ad interim injunction restraining a fastener seller from using the mark "ISI HP" for screws, nuts, bolts, fasteners, and allied products after finding that it is prima facie deceptively similar to Landmark Crafts Limited's registered "HP" trademark."The impugned mark is prima facie deceptively similar to Plaintiff's registered HP marks and is being used for selling similar/identical goods," the court held. Justice Jyoti Singh observed that...

Bombay High Court Upholds ₹86.02 Lakh Award Against CDSL Says Depositories Cannot Avoid Liability

The Bombay High Court on 2 July held that a depository cannot escape liability for loss caused to an investor due to negligence by its depository participant by claiming that the participant became the beneficial owner of the securities after transfer. A Division Bench of Justices Bharati Dangre and Manjusha Deshpande upheld an arbitral award directing Central Depository Services (India) Ltd. (CDSL) to pay Rs. 86.02 lakh with 9% post award interest to investor Daksha Bhavsar. The judges...

Gujarat High Court Quashes Income Tax Reassessment Over Pre-2012 Property Valuation Rule

The Gujarat High Court has quashed an income tax reassessment notice issued over the valuation of land sold in 2009. It held that the reassessment in the case was unsustainable because the assessing officer sought to adopt a lower fair market value despite the unamended law governing the assessment. A division bench of Justice A.S. Supehia and Justice Vaibhavi D. Nanavati held that the amendment made to Section 55A through the Finance Act, 2012 applied only prospectively. It therefore could not...

Bombay HC Says Patent Rejection Cannot Rest On Bald Common Knowledge Claim, Remands Deepak Nitrite Case

The Bombay High Court on 6 July held that the Controller of Patents cannot reject a patent application by relying on “common general knowledge” unless the source of such knowledge is identified and it is established that the knowledge existed before the application's priority date. Justice Arif Doctor set aside the order passed by the Assistant Controller of Patents and Designs rejecting Deepak Nitrite Limited's patent application for a free-flowing food grade sodium nitrite and its production...

Advanced Liquidation Cannot Be Shifted To NCLT Merely Because Assets Are Unsold: Karnataka High Court

The Karnataka High Court on 23 June, held that winding up proceedings cannot be transferred to the National Company Law Tribunal (NCLT) merely because the company's assets have not yet been sold. It noted that once liquidation has progressed substantially in time and substance, transfer would disrupt a mature liquidation process and is not warranted. Justice Suraj Govindaraj dismissed an application filed under the fifth proviso to Section 434(1)(c) of the Companies Act, 2013 (which empowers...

Delhi High Court Issues Notice On Google's Appeal Against Order Restraining Use Of 'Hindware' As Ad Keyword

The Delhi High Court on Friday issued notice on Google's appeal against a single judge's order that restrained it from allowing "Hindware" to be used as a keyword trigger for rival advertisements on its search platform, and that awarded ₹30 lakh in damages against the company.A Division Bench of Justice V Kameswar Rao and Justice Manmeet Pritam Singh Arora heard Google's plea while issuing notice, and directed that the appeal be treated as the lead matter in a batch of connected pleas.The appeal...

Delhi High Court Dismisses boAt's Second Bid to Restrain 'BOULT' Wordmark

The Delhi High Court has dismissed boAt owner Imagine Marketing Pvt. Ltd.'s second interim injunction application in its pending trademark suit against Exotic Mile, holding that the company was effectively seeking the same relief on the same facts that had not been granted earlier. Justice Jyoti Singh observed that the earlier order was unambiguous in limiting the injunction to certain device marks. Since boAt had not sought any clarification or modification or appealed that part of the...