Bombay High Court
Bombay High Court Bars Chandigarh Firm From Using Bunge India's 'LOTUS' Mark For Edible Oils
The Bombay High Court has permanently restrained Chandigarh-based Lotus Refinery Pvt. Ltd. and its associate entities from using the mark “LOTUS” or any deceptively similar mark for edible oils. The court held that that the adoption of an identical mark for identical goods amounted to trademark infringement and passing off of Bunge India Pvt. Ltd.'s long-standing registered trademark. In a judgment dated December 18, 2025, Justice Arif S Doctor held that Bunge India is the registered...
Income Tax Act | Bombay High Court Allows Treaty-Based Cap Of 10% On DDT For Foreign Shareholder; Sets Aside BFAR Ruling
The Bombay High Court (Goa Bench) has held that Dividend Distribution Tax (DDT) paid by an Indian subsidiary to its foreign shareholder must be restricted to the treaty rate of 10% under Article 11 of the India-UK India Double Taxation Avoidance Agreement (DTAA) A Division Bench of Justice Bharati Dangre and Justice Nivedita P. Mehta allowed the appeal filed by the assessee, M/s Colorcon Asia Pvt. Ltd., and set aside the advance ruling passed by the Board for Advance Rulings, (BFAR)...
Income Tax Act | Bombay High Court Allows Treaty-Based Cap Of 10% On DDT For Foreign Shareholder; Sets Aside BFAR Ruling
The Bombay High Court (Goa Bench) has held that Dividend Distribution Tax (DDT) paid by an Indian subsidiary to its foreign shareholder must be restricted to the treaty rate of 10% under Article 11 of the India-UK India Double Taxation Avoidance Agreement (DTAA) A Division Bench of Justice Bharati Dangre and Justice Nivedita P. Mehta allowed the appeal filed by the assessee, M/s Colorcon Asia Pvt. Ltd., and set aside the advance ruling passed by the Board for Advance Rulings, (BFAR)...
Trimurti Films Sues Dharma, Saregama In Bombay High Court Over 'Saat Samundar Paar' Song In Upcoming Film
Trimurti Films Pvt. Ltd., the producer of the 1992 film Vishwatma, has moved the Bombay High Court seeking to restrain the use of its iconic song “Saat Samundar Paar” in the upcoming Hindi film "Tu Meri Main Tera Main Tera Tu Meri", alleging unauthorised remixing and incorporation of the song without its consent. The suit has been filed against Dharma Production, Namah Pictures Private Limited, music label Saregama India Ltd., and rapper-music producer Aditya Prateek Singh, popularly known as...
Bombay High Court Quashes Tax Notices Issued Against Mumbai Company After SVLDRS Settlement
The Bombay High Court has held that once a dispute is settled under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 and a Discharge Certificate is issued, tax authorities cannot reopen the matter. A Division Bench of Justice M S Sonak and Justice Advait M Sethna set aside two show cause notices issued by officers of the Central GST Audit-II wing, Mumbai, after the dispute was settled under the Scheme The court said a Discharge Certificate under SVLDRS signifies full and final...
Bombay High Court Upholds Validity Of ODR Clause, Refuses Substitution Of Arbitrator Appointed Through ODR Platform
The Bombay High Court has upheld the validity of an Online Dispute Resolution (“ODR”) clause as well as the arbitrator appointment process conducted through an ODR platform. The Petitioner i.e. Amit Chaurasia (“Chaurasia”) filed an application for substitution of arbitrator. The Bench of Justice Somasekhar Sundaresan reviewed the contract between the parties and observed that the parties had agreed to ODR at the hands of an ODR agency. The ODR agency had given opportunities to the...
Bombay High Court Upholds Validity Of ODR Clause, Refuses Substitution Of Arbitrator Appointed Through ODR Platform
The Bombay High Court has upheld the validity of an Online Dispute Resolution (“ODR”) clause as well as the arbitrator appointment process conducted through an ODR platform. The Petitioner i.e. Amit Chaurasia (“Chaurasia”) filed an application for substitution of arbitrator. The Bench of Justice Somasekhar Sundaresan reviewed the contract between the parties and observed that the parties had agreed to ODR at the hands of an ODR agency. The ODR agency had given opportunities to the...
Patanjali Foods Moves Bombay High Court Against YouTube Channel For Making Defamatory Video, Demands ₹15.5 Crores In Damages
Patanjali Foods has approached the Bombay High Court against popular YouTube Channel 'Trustified Certification' demanding Rs 10.5 crores as damages for loss of reputation and Rs 5 crore as 'special damages' for causing injury to their brand by uploading an allegedly 'defamatory' video against its product 'Nutrela Soya Chunks.'The suit filed through advocate Apoorv Srivastava was listed before a single-judge bench of Justice Sharmila Deshmukh, before whom the defendant YouTube channel raised a...
Bombay High Court Orders Removal Of 'VISTARRAAH' Trademark Over Similarity To Air India's Vistara Airline
Holding that it was deceptively similar to Air India's VISTARA airline brand, the Bombay High Court has directed the removal of the trademark “VISTARRAAH” from the Trade Marks Register. Justice Arif S Doctor passed the order on December 10, 2025, while allowing a rectification petition filed by Air India. The Court held that permitting the disputed mark to remain on the register would be contrary to law and would undermine the integrity and purity of the trademark system. Air India told the...
Bombay High Court Temporarily Restrains Kataria Insurance Brokers From Using 'KATARIA' Trademark
The Bombay High Court has temporarily restrained Ahmedabad-based Kataria Insurance Brokers Private Limited from using the name “KATARIA INSURANCE” or any other name, mark or website containing the word “KATARIA” for insurance-related services. The court held that such use is deceptively similar to the registered trademark of Mumbai-based Kataria Jewellery Insurance Consultancy. Justice Arif S Doctor, while granting interim relief on December 8, 2025, held that the consultancy had made out a...
Extra Profit Received By Broker Due To Technical Glitch Not Unjust Enrichment: Bombay High Court Upholds Award In Favour Of Kotak Securities
The Bombay High Court has held that profits earned by a client by utilising an increased trading margin erroneously reflected due to a technical glitch in the broker's system cannot be treated as “unjust enrichment”. The Court observed that mere availability of margin created an opportunity to trade, but the profits ultimately arose from the client's skill and risk-taking, and not automatically from the margin itself.Justice Sandeep V. Marne was hearing a petition filed by Kotak Securities...
Income Tax Act | Mechanical Approval U/S 153D Vitiates Proceedings; Bombay High Court Dismisses Revenue's Appeal
The Bombay High Court has dismissed an income tax appeal filed by the Revenue, holding that an approval granted under Section 153D of the Act, which does not reflect even minimal application of mind, is vitiated in law and renders the consequential proceedings invalid. A Division Bench of Justice M.S. Sonak and Justice Advait M. Sethna, while deciding an appeal, answered the substantial question of law against the Revenue i.e. Whether an approval granted under Section 153D of the Income...