Delhi High Court To Order Takedown Of Content Misusing Cricketer Abhishek Sharma's Personality Rights

The Delhi High Court on Thursday indicated that it will pass interim orders in the personality rights suit filed by cricketer Abhishek Sharma, directing takedown of infringing content found to be misusing his persona.Justice Jyoti Singh was hearing the matter today in which the cricketer had earlier filed an application seeking the removal of unauthorised posts and listings across social media and e-commerce platforms that use the cricketer's name, image, and persona for commercial purposes.At...

Limitation U/S 138 NI Act Runs From Receipt Of Returned Notice Not Its Refusal: Kerala High Court

The Kerala High Court on 8 July held that in prosecutions under Section 138 of the Negotiable Instruments Act (dishonour of cheque for insufficiency of funds), the limitation period for filing a complaint begins from the date the complainant receives the returned postal cover or is informed that the statutory notice could not be served, and not from the date the addressee refused or left the notice unclaimed. Justice A Badharudeen allowed an appeal filed by Sree Gokulam Chit & Finance Co....

Fresh Copy Of Arbitral Award Cannot Restart Limitation To Challenge Award: Delhi High Court

The Delhi High Court has dismissed two petitions filed by the Union of India challenging an arbitral award. It held that a party cannot allow the statutory period for challenging an award to expire and later attempt to restart the limitation by obtaining another copy of the award. Justice Harish Vaidyanathan Shankar delivered the judgment. The court observed, "A party, despite having knowledge of an Award and despite its authorised representative having received the signed copy, could...

Delhi High Court Orders Crocs To Pay ₹24.63 Lakh Costs To Bata After Design Registration Was Cancelled

The Delhi High Court on Wednesday directed Crocs Inc. USA to pay ₹24.63 lakh in litigation costs to Bata India Ltd. after a design infringement suit filed by the footwear company was rendered unsustainable following the cancellation of its registered design for lack of novelty. Justice Prathiba M. Singh noted that courts had repeatedly held that Crocs' registered design was not novel and, applying the principles governing costs in commercial litigation, directed the company to reimburse Bata's...

Civil Courts Can't Grant Interim Relief Against SARFAESI Proceedings Despite Suit Being Maintainable: Kerala High Court

The Kerala High Court has held that civil courts cannot grant interim injunctions to halt proceedings under the SARFAESI Act even where the underlying civil suit is maintainable. The ruling applies where the relief sought falls outside the jurisdiction of the Debt Recovery Tribunal. Justice S. Manu delivered the ruling while dismissing an appeal filed by Deepa George against an order of the III Additional Sub Court, Ernakulam refusing interim relief against Federal Bank. The court observed that...

Madras High Court Restrains Online Piracy Of Idhayam Murali Ahead Of Release

The Madras High Court has granted ad interim injunctions restraining internet service providers and cable TV operators from infringing the copyright in the Tamil film Idhayam Murali, which is scheduled to release on July 10. Justice K. Kumaresh Babu passed the common order on two applications filed by Dawn Pictures Private Limited, the producer of the film, in a suit seeking remedies against apprehended copyright infringement. "In matters of this nature, it is likely that irreversible injury...

Supreme Court Sets Aside Delhi HC Ruling That PNB-HCB Bank Merger Did Not Amount To Unlawful Subletting

The Supreme Court on Thursday allowed the appeal filed by British Motor Car Company (1934) Ltd against the Delhi High Court's judgment which had held that the statutory amalgamation of Hindustan Commercial Bank (HCB) with Punjab National Bank (PNB) did not amount to unlawful subletting under the Delhi Rent Control Act.The High Court had set aside the eviction order passed by the Rent Control Tribunal, holding that the transfer of tenancy rights to PNB pursuant to the statutory amalgamation of...

Suspension Of Fraud Classification Does Not Automatically Nullify Criminal Investigation: Telangana High Court

The Telangana High Court has held that suspension of a bank's administrative decision classifying a borrower's account as "fraud" does not prevent investigation into cognizable offences. The court observed that the CBI's jurisdiction to investigate cognizable offences does not derive its authority merely from the bank's administrative fraud classification. A bench of Justice Nagesh Bheemapaka dismissed a writ petition filed by Vivimed Labs Ltd and its Managing Director challenging the CBI's...

RERA Cannot Treat Temple Deity and Registered Trust As Separate Entities: Madhya Pradesh High Court

The Madhya Pradesh High Court has upheld an order directing registration of a residential-cum-commercial project proposed by Shankar Ji Maharaj Trust after ruling that the Real Estate Regulatory Authority (RERA) could not reject the application by treating the temple deity and the registered public trust managing the temple's affairs as separate entities. A division bench of acting Chief Justice Vivek Rusia and Justice Pradeep Mittal upheld the Madhya Pradesh Real Estate Appellate Tribunal's...

WhatsApp Acknowledgment Of Arbitral Award Shows Acceptance, Bars Delayed Challenge: Delhi High Court

The Delhi High Court has dismissed a challenge to an interim arbitral award after finding that the party seeking to set it aside had acknowledged receiving it on WhatsApp, participated in discussions on its implementation, and acted upon it before questioning the award only after execution proceedings were initiated. The court held that the challenge to the interim arbitral award, raised more than two years after the petitioner admittedly acquired knowledge of it was barred by...

'Duly Certified Copy' Under HC Arbitration Scheme Can Include Party Or Counsel Attestation: Kerala High Court

The Kerala High Court has recently held that, for the purpose of arbitration requests filed under the Kerala High Court Scheme for Appointment of Arbitrators, 1996, a "duly certified copy" of a private arbitration agreement does not have to be certified by a public authority. It held that the requirement is satisfied where the party files an affidavit certifying the copy as a true copy of the original, explains why the original has not been produced, and submits a copy attested to by the party...

'Enforced' Is Not The Same As 'Enforceable' For Post-Arbitral Award Interim Relief: Telangana High Court

The Telangana High Court has recently held that an award-holder can invoke Section 9 of the Arbitration and Conciliation Act to seek interim protection until an arbitral award is actually enforced. The remedy remains available even after the award becomes enforceable. A Division Bench of Justices Moushumi Bhattacharya and Gadi Praveen Kumar ruled that the expression "before it is enforced" in Section 9 refers to the completion of enforcement proceedings. It cannot be equated with the stage when...