Bombay High Court
Bombay High Court Upholds Arbitral Award Granting Specific Performance Of Development Agreement Between BTRA & Nilkanth Enterprise
The Bombay High Court recently dismissed a petition under section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) upholding a 2017 arbitral award directing specific performance of a long negotiated development transaction concerning 57,000 sq. m. of land in Ghatkopar (West), Mumbai. Justice Somasekhar Sundaresan held that “there is nothing on record to show that Nilkanth was unwilling or incapable of performing its part of the bargain. This contention too does not...
Bombay High Court Upholds Arbitral Award Granting Specific Performance Of Development Agreement Between BTRA & Nilkanth Enterprise
The Bombay High Court recently dismissed a petition under section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) upholding a 2017 arbitral award directing specific performance of a long negotiated development transaction concerning 57,000 sq. m. of land in Ghatkopar (West), Mumbai. Justice Somasekhar Sundaresan held that “there is nothing on record to show that Nilkanth was unwilling or incapable of performing its part of the bargain. This contention too does not...
Income Tax Act | Gross Receipts Cannot Be Taxed As Income Without Deducting Expenses: Bombay High Court
The Bombay High Court has stayed the entire income tax demand raised against a state-funded educational trust, holding that the tax authorities erred in bringing gross receipts to tax without accounting for expenditure. A Division Bench of Justice B.P. Colabawalla and Justice Amit S. Jamsandekar, while allowing a writ petition filed by the assessee, Godavari Shikshan Prasarak Mandal, Sindhi, set aside an order of the Commissioner of Income Tax (Exemption), Pune, which had directed the...
GST Abolished Ad Tax, Doesn't Bar Municipal Licence Fees on Hoardings: Bombay High Court
The Bombay High Court recently held that the introduction of the Goods and Services Tax regime does not take away the power of municipal corporations in Maharshtra to levy licence fees on hoardings and sky-signs. The court clarified that GST abolished only advertisement tax and not regulatory charges imposed under municipal law. A division bench of Justice G S Kulkarni and Justice Advait M Sethna, made the observation while dismissing a large batch of petitions filed by outdoor advertising...
Bombay High Court Temporarily Restrains Financial Companies From Infringing 'FEDEX' Trademark
The Bombay High Court has restrained Maharashtra-based FedEx Securities Pvt. Ltd. and its group companies from using the word “FEDEX” in their corporate names, holding that the term is globally and exclusively associated with Federal Express Corporation, the US logistics major. Justice R I Chagla passed the order on December 11, allowing Federal Express Corporation's plea for interim protection of its trademark. The court found that the financial services group had no legitimate basis to adopt...
SARFAESI Sale Cannot Proceed If Sale Certificate Is Not Issued Before IBC Moratorium: Bombay High Court
The Bombay High Court on Wednesday held that a secured creditor cannot proceed with a SARFAESI sale once an interim moratorium under the Insolvency and Bankruptcy Code comes into force. It rulled that the Union Bank of India was not entitled to accept balance payments or issue a sale certificate after the personal insolvency process against the borrower had commenced. In an order passed on December 10, Justices R I Chagla and Farhan P Dubash held that “the secured creditor could not have...
Bombay High Court Sets Aside Award Ordering Sharekhan To Refund Rs 4.87 Lakh In Brokerage
The Bombay High Court has set aside an arbitral award that had directed Sharekhan Limited, a broking firm, to refund Rs 4.87 lakh in brokerage to its client Darshini Shah. The court held that the arbitral tribunal had irrationally treated the same 2007 contract between the parties as valid for permitting trades but invalid for charging brokerage and that such a conclusion was fundamentally inconsistent with Indian contract law. A single bench of Justice Sandeep V Marne held on December 9, 2025,...
Bombay High Court Bars Use Of 'COX 5000' Mark, Says '5000' Belongs To Haywards 5000 And Imposes ₹10 Lakh Cost
The Bombay High Court has permanently restrained Madhya Pradhesh-based Jagpin Breweries Limited, a manufacturer of mass-market beer brands, from using the mark “COX 5000” or any other beer mark containing the numeral “5000”. The court held that the numeral is the “dominant, essential, and memorable feature” of the famous strong beer brand “HAYWARDS 5000”, now owned by Anheuser Busch InBev India Limited (AB InBev).A single bench of Justice Arif S Doctor also imposed costs of Rs 10 lakh on...
Bombay High Court Temporarily Restrains Rival From Using Trade Dress Similar To Parachute Jasmine Hair Oil
The Bombay High Court has temporarily restrained Minolta Natural Care and its associated entities from using packaging and bottle designs that the court found deceptively similar to Marico's Parachute Jasmine/ Parachite Advansed Jasmine Hair Oils. A single bench of Justice Sharmila U Deshmukh passed the interim injunction on December 9, 2025, after Marico alleged that Minolta had copied the distinctive look and feel of its popular Parachute Jasmine range. The court agreed that the overall...
Income Tax Act | No Addition U/S 153A Without Incriminating Material Found During Search: Bombay High Court
The Bombay High Court has held that no income addition can be made under Section 153A of the Income Tax Act, 1961 unless incriminating material is found during a search, even if the Revenue relies on information received from foreign authorities. A Division Bench of Justice G.S. Kulkarni and Justice Aarti Sathe dismissed an income tax appeal filed by the Revenue and upheld the order of the Income Tax Appellate Tribunal (ITAT), Mumbai, which had deleted additions of nearly ₹28 crore made...
Bombay High Court Bars Singer Alok Kumar From Monetising Ten Rao & Sapru Songs, Orders Takedown Of Uploaded Tracks
The Bombay High Court has restrained singer-composer Alok Kumar from releasing, performing or monetising ten songs that Rao & Sapru Films Pvt. Ltd. says were created for the company under a series of agreements.The court also ordered Kumar to take down the songs he uploaded online and to hand over all master recordings and related material to the production house. In an order passed on December 5, 2025, Justice Sharmila U Deshmukh said the agreements between the parties prima facie showed...
Revenue Cannot Adjudicate Decade-Old SCNs On NPV Sales Tax Retention: Bombay High Court
The Bombay High Court at Goa has set aside two show cause notices issued to a manufacturer seeking to levy central excise duty on the differential amount of sales tax/VAT retained by it under a Net Present Value (NPV) incentive scheme, holding that the Revenue cannot be permitted to adjudicate stale notices after an unexplained and inordinate delay. A Division Bench of Justice Bharati Dangre and Justice Ashish S. Chavan allowed the writ petitions filed by the assessee, quashing show...