Bombay High Court Allows Godwoman Radhe Maa To Pursue Personality Rights Suit Against Google

The Bombay High Court has granted Sukhwinder Kaur, popularly known as Radhe Maa, permission to institute a suit seeking protection of her personality rights and relief against alleged disparagement over online content.Justice Abhay Ahuja allowed her petition under Clause XII of the Letters Patent, holding that the proposed suit could be instituted before the Court.In an order dated October 9, the Court granted leave after considering the petition and the submissions made on Radhe Maa's behalf....

Bombay High Court Restores Injunction To Protect Atomberg's Fan Design From Imitation By Stove Kraft

The Bombay High Court has restored an interim injunction restraining Stove Kraft Limited from manufacturing and selling its Pigeon Fan-tastic ceiling fan, finding that its design imitates the distinctive appearance of Atomberg Technologies' Renesa Alpha fan.“The primary test to determine novelty, originality and infringement under the Designs Act, 2000, is the 'eye' test to evaluate whether two designs are substantially identical or if an imitation has occurred through visual comparison, then...

Bombay High Court Rejects Plea To Stay Trademark Infringement Suit Over 'Pune Mirror' Mark

The Bombay High Court has refused to stay a trademark infringement suit filed by three media companies against a Pune-based newspaper publisher over the alleged unauthorised use of the names Pune Mirror and KM Kothrud Mirror. It rejected such plea that was made after the case had reached the stage of final arguments.Justice Gauri Godse held that the newspaper publisher had failed to establish a prima facie case challenging the validity of the media companies' registered trademarks. “In the...

Bombay High Court Condones 260-Day Delay By Cine Artist Welfare Trust In Claiming Tax Exemption On ₹70 Lakh

The Bombay High Court has condoned a 260-day delay by Cine Artist Welfare Trust in filing Form 10 (a form required to claim tax benefits on income set aside for future use) under the Income Tax Act, 1961. The court observed that denying the tax exemption could deplete the trust's funds and affect its charitable activities.A Division Bench of Justice B.P. Colabawalla and Justice Farhan P. Dubash set aside the Income Tax Department's order rejecting the trust's request to condone the delay. It...

Omission From Witness List Does Not Bar Summons If Sufficient Reasons Are Shown: Bombay High Court

The Bombay High Court at Goa on 21 October held that a party may summon a witness whose name was omitted from the original witness list if it provides sufficient reasons for doing so, particularly when the evidence is necessary to resolve a dispute over GST invoices. Justice S.G. Chapalgaonkar partly allowed the defendant's petition challenging the trial court's refusal to summon the Assistant Commissioner of Central Goods and Services Tax (CGST) and the Principal of Jain College of...

Bombay High Court Restrains Developers From Dealing With Assets In ₹278 Crore Swan Corp Dispute

The Bombay High Court on 22 October restrained Subramanya Constructions and Developments Co. Limited and Prakruthi Infrastructure and Development Co. Limited from dealing with their assets in a Rs. 278 crore arbitration settlement dispute with Swan Corp Limited. A Bench of Justice Amit Borkar granted interim protection to Swan Corp Limited (formerly Swan Energy Limited), Cardinal Energy and Infrastructure Private Limited and Pegasus Ventures Private Limited, and directed the developers to...

Bombay High Court Directs ED To Return Chellaram Mills Director's Seized Assets After 180-Day Limit

The Bombay High Court on 14 October directed the Enforcement Directorate (ED) to return documents and digital devices seized from Mukesh Talreja, Director of Chellaram Mills, and unfreeze his locker after the 180-day retention period under the Prevention of Money Laundering Act (PMLA) expired. A Bench of Justices Bharati Dangre and Ashish S Chavan allowed Talreja's writ petition challenging the seizure of documents and digital devices and the freezing of his locker. They observed: “…we find...

Proportionate Rights Shares Allotment Not Taxable Merely Due to Price Difference: Bombay High Court

On Thursday, 22 October, the Bombay High Court held that the difference between the subscription price and fair market value of proportionately allotted rights shares cannot, by itself, be taxed under Section 56(2)(x) of the Income-tax Act when the shareholder's percentage holding remains unchanged and no disproportionate benefit is identified. A Division Bench comprising Justices B. P. Colabawalla and Farhan P. Dubash allowed Grasim Industries Limited's petition challenging reassessment...

Bombay High Court Declares 5 Paintings, Including 2 By M.F. Husain, Mafatlal's Liquidation Assets

The Bombay High Court on 21 October declared five of 44 paintings, including works by M.F. Husain, as assets of Mafatlal Dyes & Chemicals Limited, which is undergoing liquidation, allowing their sale to realise proceeds for the company's creditors and other stakeholders. Justice Somasekhar Sundaresan considered rival ownership claims over the paintings and the Official Liquidator's application seeking permission to sell the five paintings identified as company assets. The Bench held: “...I...

Bombay High Court Dismisses ₹29.36 Lakh Arbitration Plea For Failure To Follow Agreed Mediation Process

The Bombay High Court on 29 September held that courts cannot appoint an arbitrator without ensuring compliance with the pre-arbitration procedure agreed upon by the parties. Justice Amit Borkar dismissed an application filed by Wellgroomed Venture against Dr. Kamat's Hospital under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator to resolve a dispute over alleged maintenance and assessment dues of Rs. 29.36 lakh. The Bench observed: ...

Bombay High Court Allows Five Doctors' Appeal In 21-Year Property Dispute, Finds Prima Facie Fraud

The Bombay High Court on 21 October set aside a Single Judge's order refusing interim protection to five doctors who invested Rs. 60 lakh in commercial premises under a 2005 agreement, holding that the developers had prima facie attempted to cheat them by retaining their investment for over 21 years without delivering the promised property. A Division Bench comprising Justices A.S. Gadkari and Kamal Khata allowed the appeal filed by Dr. Devidas R. Sheregar, Dr. Alka Jain, Dr. Manoj S. Aithal,...

Income Tax Cannot Be Reassessed After Insolvency Plan Approval Even If New Information Emerges: Bombay High Court

The Bombay High Court has recently reiterated that the Income Tax Department cannot reassess a company's income for a period before its insolvency resolution plan was approved. This applies even when the Department receives fresh information suggesting fraudulent transactions.A Division Bench of Justice B.P. Colabawalla and Justice Farhan P. Dubash quashed reassessment proceedings initiated against Swan Defence and Heavy Industries Ltd., formerly Reliance Naval and Engineering Ltd. The...