Supreme Court & High Courts
NCLT, NCLAT Cannot Nullify Benami Act Confiscation In IBC Proceedings: Supreme Court
The Supreme Court on Tuesday held that insolvency tribunals cannot nullify confiscation of property under the Prohibition of Benami Property Transactions Act, ruling that once property is confiscated under Section 27, it vests absolutely in the Central Government and falls outside the liquidation estate under the Insolvency and Bankruptcy Code. A Bench of Justices Pamidighantam Sri Narasimha and Atul S. Chandurkar dismissed appeals filed by liquidators who had sought to challenge attachment...
Borrower Cannot Redeem Mortgaged Property After Sale Certificate Under Pre-2016 SARFAESI: Madhya Pradesh HC
Holding that a borrower cannot reclaim mortgaged property after issuance of a sale certificate under the unamended SARFAESI regime, the Jabalpur Bench of the Madhya Pradesh High Court dismissed writ petitions challenging auction proceedings initiated by Bank of India. A Division Bench of Justices Vivek Rusia and Pradeep Mittal clarified that the equitable principle of “once a mortgage, always a mortgage” operates only until the right of redemption is lawfully extinguished.The case arose from...
Damages Awarded By Foreign Court Cannot Be Subject To FEMA, RBI Ceiling: Delhi High Court
The Delhi High Court on Monday held that damages awarded by a competent foreign court for breach of contract cannot be subjected to ceilings prescribed under the Foreign Exchange Management Act or RBI guidelines. “In my considered view, the amounts awarded by a competent Court, whether Indian or foreign, towards damages for breach of contract, cannot be subject to ceilings prescribed under FEMA and/or RBI directions/circulars,” Justice Amit Bansal observed while allowing execution of an English...
Bombay High Court Restrains Use Of 'ZEKODOL-P', Finds It Deceptively Similar To IPCA's 'ZERODOL'
The Bombay High Court has granted a permanent injunction in favour of IPCA Laboratories Limited, restraining Rikon Pharmaceuticals Pvt Ltd from using the mark “ZEKODOL-P”, after holding that it infringes IPCA's registered trademark “ZERODOL” and amounts to passing off. Justice Arif S. Doctor, in a judgment pronounced on February 23, 2026, held that the impugned mark is “phonetically, visually and structurally almost identical” to the plaintiff's mark. The court also imposed a cost of Rs 15 Lakh...
Duty-Free Import Benefits Denied Over Unauthorised Diversion, Poor Record-Keeping: Madras High Court
The Madras High Court on 10 February, held that duty-free import benefits under the Advance Authorisation Scheme can be denied when the importer diverts the goods into the domestic market without authorisation.A Bench of Justice G.K. Ilanthiraiyan and Justice R. Poornima allowed the Department's appeals, arising from a batch of civil miscellaneous appeals filed by the Commissioner of Customs (Department) against the proprietor of Regin Agency, and Regin Exports.Setting aside the CESTAT's order,...
Delhi High Court Protects Singer Jubin Nautiyal's Personality Rights From Commercial Exploitation
The Delhi High Court has granted an ex-parte ad-interim injunction in favour of singer Jubin Nautiyal, restraining unauthorised commercial exploitation of his personality and publicity rights, including through artificial intelligence tools, deepfakes and voice cloning technologies. Justice Tushar Rao Gedela, in an order dated February 19, 2026, held: “In the considered opinion of this Court, the plaintiff has a prima facie strong case and having regard to his well-known, popular and...
Gujarat High Court Upholds Classification Of 'Mint Orange 2022' As Industrial Input Under VAT Act
The Gujarat High Court has held that 'Mint Orange 2022' is classifiable as an industrial input under the Gujarat Value Added Tax Act, 2003, clarifying that household use does not prevent a product from being treated as an industrial input when its composition and primary use are industrial in nature.A Division Bench of Justice A.S. Supehia and Justice Pranav Trivedi dismissed the Tax Appeal filed by the Commercial Tax Department, holding that the product qualifies as an aromatic chemical and...
'Ruse To Exploit Mill Land': Bombay High Court Rejects Plea To Revive Swadeshi Mills
The Bombay High Court on Monday dismissed an application filed by Grand View Estates Pvt Ltd seeking a stay of winding up proceedings and revival of Swadeshi Mills Company Ltd, holding that the proposal was not a genuine attempt to revive the textile company but an effort to exploit its valuable mill land for real estate development. A single-judge bench of Justice Sharmila U. Deshmukh observed that the revival plan was “nothing but a ruse to obtain the valuable land for exploitation in real...
Delhi High Court Questions 'Zora' Trademark Registration, Says Visually Similar To 'Zara'
The Delhi High Court on Tuesday questioned the Registrar of Trade Marks action allowing the registration of the mark “Zora,” observing that it is “visually, receptively similar beyond any doubt” to the global fashion brand “Zara”.The matter arises from a challenge filed by Industria De Diseño Textil, S.A., owner of the brand “Zara,” against an order of the Registrar of Trade Marks permitting registration of the mark “Zora” in Class 24, which covers textile goods and fabrics.Justice Jyoti...
'Reimbursements' Fixed As Percentage Of Sales Are Contractual, Liable For TDS: Calcutta High Court
The Calcutta High Court has upheld the disallowance of expenses claimed by Deys Medical Private Limited (appellant) on account of alleged reimbursements paid to its group companies, holding that payments calculated as a percentage of sales constituted contractual consideration liable for tax deduction at source (TDS).The appeal arose from an order of the Income Tax Appellate Tribunal, Kolkata, which had partially affirmed the Assessing Officer's disallowance of over Rs. 3.35 crore under the...
"I Am Not A God": Godman Aniruddha Bapu Moves Delhi High Court To Restrain Devotees From Portraying Him With Gods
In what it described as a “very surprising suit,” the Delhi High Court on Tuesday heard a personality rights case filed by Mumbai-based godman Dr. Aniruddha Dhairyadhar Joshi, popularly known as Aniruddha Bapu, who is seeking to restrain his own followers from portraying him as a deity. Justice Tushar Rao Gedela remarked during the hearing, “Faith moves mountains… This is something very surprising. You have come up with a very surprising suit,” as the Court considered a plea that does not...