Proposed Amendment To Contract Terms Doesn't Constitute Anticipatory Breach Unless There Is Refusal To Perform Entire Contract: Calcutta High Court

The Calcutta High Court has held that a proposal to modify certain terms of a contract does not amount to anticipatory breach unless it demonstrates a clear intention to refuse performance of the contract in its entirety.Justice Sugato Majumdar delivered the ruling while deciding two cross-suits arising out of a failed transaction concerning the transfer of control and management of M/s Bhoomi Minerals Ltd., a company owning a sponge iron manufacturing unit in Jharkhand.The dispute arose after...

Local Commissioner's Report Can Form Basis Of Decree In Trademark Infringement Suit: Delhi Commercial Court

The Commercial Court at Saket, New Delhi, has decreed a trademark and copyright infringement suit filed by Luxottica Group S.P.A., proprietor of the globally renowned RAY-BAN brand, against traders found dealing in counterfeit eyewear bearing the identical mark.The Court noted that the plaintiff had established its statutory and common law rights in the RAY-BAN trademark through extensive registrations, longstanding use, and substantial goodwill and reputation associated with the mark.The Court...

Force Majeure Must Be Proved By Cogent Evidence, Not Mere Newspaper Reports: Delhi Commercial Court Refuses To Set Aside Arbitral Award

A Delhi Commercial Court has refused to set aside an arbitral award rejecting claims founded on force majeure, holding that the existence of force majeure conditions must be established through cogent evidence and cannot be proved merely by relying on newspaper reports.The Court observed that newspaper clippings, in the absence of supporting evidence, constitute hearsay and are insufficient to establish facts forming the basis of a force majeure claim.The District Judge (Commercial Court)-01,...

Franchise Dispute Cannot Be Given Criminal Colour; Madras High Court Quashes FIR Against 5K Car Care Owner

The Madras High Court recently quashed an FIR registered against the owner of 5K Car Care, holding that a dispute arising out of a franchise arrangement was purely commercial in nature and did not attract criminal liability.Justice G.K. Ilanthiraiyan was dealing with a petition filed under Section 482 CrPC seeking quashing of an FIR registered for offences under Sections 406, 420 and 506(2) IPC. The complainant had obtained franchise rights to operate a 5K Car Care outlet at Madhavaram, Chennai,...

Calcutta High Court: WBLRTT Cannot Be Bypassed Merely By Alleging Wrongful Assumption Of Jurisdiction Under Thika Tenancy Act

The Calcutta High Court has held that the West Bengal Land Reforms and Tenancy Tribunal (WBLRTT), constituted under Article 323B of the Constitution, cannot ordinarily be bypassed merely on allegations that a statutory authority under the West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001 has wrongfully assumed jurisdiction.Justice Hiranmay Bhattacharyya dismissed a writ petition filed by Ambe Plywoods Pvt. Ltd. challenging summons issued by the Deputy Controller, Kolkata Thika...

NCLT Kolkata: Interest Cannot Be Clubbed With Operational Debt To Meet ₹1 Crore Threshold For Initiating CIRP

The National Company Law Tribunal (NCLT), Kolkata Bench comprising Labh Singh (Member Judicial) and Rekha Kantilal Shah (Member Technical) dismissed a Section 9 application filed by K.L. Steels (P) Ltd. (Operational Creditor) seeking initiation of Corporate Insolvency Resolution Process (CIRP) against Bridge and Roof Co. (India) Ltd. (Corporate Debtor), holding that the petition was not maintainable as the principal operational debt fell below the statutory threshold of ₹1 crore prescribed under...

NCLT Reaffirms SWAMIH Fund's Power To Shield Real Estate Projects; Dismisses Insolvency Plea Against Developer

The National Company Law Tribunal (NCLT), Allahabad Bench of Sri Praveen Gupta (Member, Judicial) and Sri Ashish Verma (Member, Technical) has dismissed a Section 7 insolvency application filed by M/s Nivedan Fin Invest Lease Limited (Financial Creditor) against real estate developer M/s Cosmos Infraestate Private Limited (Corporate Debtor).Beyond ruling that a short-term business investment with a guaranteed profit does not constitute a "financial debt," the judgment sets a major legal...

Food Safety Appellate Tribunal Cannot Entertain Appeals Against CEO, FSSAI Orders Under Import Regulations: Delhi FSAT

The Food Safety Appellate Tribunal (FSAT), New Delhi has held that it does not have jurisdiction to entertain an appeal against an order passed by the CEO, Food Safety and Standards Authority of India (FSSAI) under the Food Safety and Standards (Import) Regulations, 2017, as such an order does not fall within the ambit of adjudication conducted under Section 68 of the Food Safety and Standards Act, 2006.An appeal was filed by “M/s. Maggu Multiventures Pvt. Ltd. , challenging Order No. 63/2025...

Karnataka HC Stays FSSAI Advisory, AYUSH Directive Restricting Use Of Ashwagandha Leaves

The Karnataka High Court bench of Justice S.R. Krishna Kumar has granted interim relief to petitioners engaged in the manufacture of Ashwagandha-based products by staying an advisory issued by the Food Safety and Standards Authority of India (FSSAI) and a directive issued by the AYUSH Ministry restricting the use of Ashwagandha leaves in health supplements.The Petitions were filed by companies engaged in manufacturing products containing Ashwagandha (Withania Somnifera), a botanical ingredient...

Supreme Court Refuses To Interfere With Delhi HC Order In 'MARC' Vs 'MARQ By Flipkart' Trademark Dispute; Grants 8 Weeks To Exhaust Inventory

The Supreme Court has refused to interfere with the Delhi High Court's order restraining Flipkart from using the marks “MARQ” and “MARQ by Flipkart” in a trademark dispute initiated by Marc Enterprises Pvt. Ltd. The Court, however, permitted Flipkart to exhaust its existing inventory bearing the impugned marks within eight weeks and directed it to file a compliance report before the Trial Court.A Bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi was hearing Special Leave...

Bombay HC Grants Passing Off Relief In 'OCTRIDE' vs 'OTIDE' Pharma Trademark Dispute Despite Bar On Infringement Claim

The Bombay High Court has held that although a trademark infringement action is generally barred between two registered proprietors under Sections 28(3) and 30(2)(e) of the Trade Marks Act, 1999, a passing off action remains independently maintainable under Section 27(2), particularly in pharmaceutical trademark disputes where even a possibility of confusion may justify injunctive relief.Justice Sharmila U. Deshmukh was dealing with a dispute between Sun Pharma Laboratories Limited and United...

Calcutta High Court Upholds Judgment Passed By Commercial Court Judge Despite Suit Not Being Transferred To Commercial Division

The Calcutta High Court comprising Justice Debangsu Basak and Justice Md. Shabbar Rashidi held that a judgment cannot be set aside merely on the ground that a suit involving a commercial dispute within the meaning of the Commercial Courts Act, 2015 was not transferred to the Commercial Division, where the judgment was delivered by a Judge designated as a Commercial Court.The Bench observed:“A judgment delivered by a Judge designated as a Commercial Court in respect of a matter which involves a...