Delhi High Court Clarifies 2023 Order Restraining FabIndia Trademark Infringement Covers Social Media

The Delhi High Court on 2 September clarified that its 4 December 2023 restraint order protecting FabIndia's trademark also applies to Instagram, Facebook, LinkedIn, YouTube, Twitter/X and other social media platforms, after the Ministry of Electronics and Information Technology (MeitY) declined to enforce the order against the platforms on the ground that they were not specifically named. Justice A. J. Bhambhani passed the order in FabIndia's suit alleging infringement of its trademark,...

Karnataka High Court Retains Ozone Urbana Buyer & ED Cases, Quashes Contractor's Criminal Proceedings

The Karnataka High Court on 21 September held that criminal proceedings cannot be used to recover alleged dues arising from a purely civil dispute, while refusing to quash proceedings against Ozone Urbana Infra Developers Private Limited and its office bearers over home buyers' complaints alleging non-delivery of flats, diversion of project funds and other financial irregularities. Justice M. Nagaprasanna quashed the proceedings arising from a contractor's complaint alleging non-payment for...

Writ Against Order U/S 37 Arbitration Act Not Barred By Second Appeal Restriction: Orissa High Court

The Orissa High Court on 21 September held that a writ petition under Articles 226 and 227 of the Constitution can be maintained against an order passed by a District Judge under Section 37 of the Arbitration and Conciliation Act, 1996, despite Section 37(3) barring a second appeal. Justice B.P. Routray rejected the preliminary objection to the maintainability of the writ petitions filed by the state and other, holding that the High Court's constitutional jurisdiction does not constitute a...

Income Tax Act | AO Can't Demand 'Negative Evidence' Of No Appeal For Immunity From Penalty: Delhi High Court

The Delhi High Court has held that an Assessing Officer (AO) cannot require an assessee to furnish “negative evidence” to establish that no appeal has been filed against an assessment order while considering an application for immunity from penalty under Section 270AA of the Income Tax Act, 1961.The Division Bench of Justices Dinesh Mehta and Rajneesh Kumar Gupta made the observation while setting aside an order passed by the AO rejecting an application filed by Petitioner seeking immunity from...

Patna High Court Grants Interim Protection To Bihar Power Co. Against ₹29.23 Crore Tax Demand

The Patna High Court on 22 September temporarily protected Bihar State Power (Holding) Company Limited from coercive recovery of an income tax demand of Rs. 29.23 crore. A Division Bench comprising Justices Rajeev Ranjan Prasad and Sunil Dutta Mishra directed the Assessing Officer/Income Tax Appellate Tribunal (ITAT), as the case may be, to consider the company's application for interim protection within six weeks. Until then, no coercive recovery action can be taken against the company. The...

Delhi High Court Grants Medical Bail To Former Reliance Executive Amitabh Jhunjhunwala PMLA Case

On 22 September, the Delhi High Court granted regular bail to former Reliance executive Amitabh Jhunjhunwala in a Prevention of Money Laundering Act (PMLA) case concerning the alleged diversion and layering of Rs. 15,933.65 crore through shell and group entities. Justice Madhu Jain granted the bail on medical grounds, holding that he fell within the expression “sick or infirm” under Section 45(1) of the PMLA. The Bench held: “Having regard to the totality of the circumstances, this Court is...

Arbitral Tribunal Erred In Granting Pre-Reference Interest Despite Contractual Bar: Supreme Court

The Supreme Court has set aside a High Court order restoring pre-reference interest to a contractor, holding that the contract barred the grant of such interest.The arbitral tribunal had awarded ₹3.30 crore on four claims, along with 12% annual pre-reference interest. The Supreme Court held that the tribunal exceeded the bounds of its jurisdiction by awarding the interest despite the contractual bar. A Bench of Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe allowed North Eastern...

Foreign Arbitral Tribunal Interim Relief May Fail In India Without Direct Enforcement: Bombay High Court

On Tuesday, 22 September, the Bombay High Court held that interim relief granted by a foreign arbitral tribunal may be rendered ineffective in India where there is no direct mechanism to enforce such an order. A Division Bench of Justices A.S. Gadkari and Kamal Khata allowed an appeal by Singapore-based Sunfield Global Pte Limited against Liberty Investments Private Limited, set aside a Single Judge's order refusing interim protection and directed Liberty to secure Sunfield's admitted USD...

Delhi High Court Issues Notice To Trade Marks Registrar Over Delay In Deciding MakeMyTrip's Well-Known Mark Plea

The Delhi High Court has issued notice on a petition filed by MakeMyTrip India Limited seeking a direction to the Registrar of Trade Marks to decide its pending application to have "MakeMyTrip" declared a well-known trademark.The petition was filed after the application remained undecided for over six years. Justice Vikas Mahajan passing the order on September 21, recorded: “Ms. Nidhi Raman, CGSC who is present in Court has been asked to accept notice. Let Ms. Raman seek instructions.”MakeMyTrip...

Delhi High Court Rejects Challenge To GST Rule Making Supplier Tax Payment A Condition For ITC

The Delhi High Court has rejected a challenge to the constitutional validity of Section 16(2)(c) of the Central Goods and Services Tax (CGST) Act, 2017, which makes payment of tax by the supplier a condition for availing Input Tax Credit (ITC).The Division Bench of Justices Anil Khetarpal and Shail Jain held that the provision has already been upheld by the Supreme Court and that a recipient seeking ITC must establish, through cogent material, that the tax charged on the supply was actually...

Delhi HC Dismisses Challenge To Copyright Suit Over Rajasthan Temple Made To Look Like Guruji's Bade Mandir

The Delhi High Court on Wednesday dismissed a challenge to a Saket commercial court order refusing to reject a copyright and passing-off suit filed by Guruji Ka Ashram Trust over allegations that a temple-like structure in Sri Ganganagar, Rajasthan, imitates its Bade Mandir in Delhi.P.J. Sikand, who operates the Rajasthan premises, had sought rejection of the Trust's suit at the preliminary stage. Justice Purushaindra Kumar Kaurav observed that the objections raised by Sikand required...

Crane Hiring Not Sale, No MVAT If Ownership And Control Remain With Owner: Bombay High Court

The Bombay High Court has ruled that hiring out cranes does not amount to a sale for levy of Maharashtra Value Added Tax (MVAT) when ownership and effective control of the cranes remain with the owner.A Division Bench of Justice Suman Shyam and Justice Advait M. Sethna allowed an appeal filed by Sharma Heavy Lifter. It quashed the Maharashtra Sales Tax Tribunal's order holding the crane-hiring transactions liable to VAT and imposing interest and penalty.“None of the attributes, characteristics...