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Supreme Court Dismisses Appeals in Company Law Dispute Over Maintainability of Oppression and Mismanagement Petition. Nomination Under Section 72 of Companies Act, 2013 Vests Rights in Nominee, Excluding Legal Heirs from Claiming Shares for Petition Maintainability Under Sections 241 and 242.

The dispute arose from a family tussle following the death of Mr. Abhey Kumar Oswal, who held significant shares in Oswal Agro Mills Ltd. and Oswal Gr...

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Supreme Court Examines Bona Fides of Insolvency Proceedings by Telecom Service Providers to Avoid AGR Dues. The Court held that AGR dues are final and no fresh disputes can be raised, and directed examination of whether insolvency proceedings under IBC are a subterfuge.

The Supreme Court was hearing applications in the ongoing AGR dues matter, where the Union of India sought extension of time for payment. The Court ha...

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Supreme Court Examines Bona Fides of Insolvency Proceedings by Telecom Service Providers to Avoid AGR Dues. The Court held that no fresh dispute on AGR dues can be raised after final judgment and that spectrum cannot be subject of IBC proceedings.

The Supreme Court was hearing miscellaneous applications in the ongoing litigation concerning the definition of Adjusted Gross Revenue (AGR) and the p...

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Bombay High Court Grants Injunction in Quia Timet Action for Passing Off Based on Distinctive Bottle Shape of Vodka. Shape of a bottle can be protected as a trademark or get-up if it has acquired distinctiveness and is likely to cause confusion.

The plaintiff, Gorbatschow Wodka KG, a German company manufacturing Vodka, filed a quia timet action against John Distilleries Limited alleging that t...

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Bombay High Court Grants Injunction Against Continued Use of Trademarks After Licence Expiry — Passing Off Action Maintainable by Partnership Firm Against Company Promoted by Partners. Licence Expiry Terminates Right to Use Trademarks; Injunction Granted Without Appointment of Receiver.

The plaintiffs, M/s. American Dry Fruit Stores (a partnership firm) and its partners Kishor H. Thakkar and Dilip H. Thakkar, filed a suit against ADF ...

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Bombay High Court Quashes Land Acquisition Declaration for Sugar Factory Due to Non-Compliance with Section 5A of Land Acquisition Act, 1894. Collector Failed to Prepare Independent Report or Submit Recommendations, Relying Instead on Beneficiary's Chart, Rendering Section 6 Declaration Invalid.

The petitioners, Sukumar M. Khot and others, challenged a declaration under Section 6 of the Land Acquisition Act, 1894, published on 23 June 2005, wh...

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Bombay High Court Dismisses Contractor/Developer's Challenge to Majority Arbitral Award in Construction Dispute. Court upholds award of Rs.7,35,000, Rs.10,80,000, interest, and costs under Section 34 of the Arbitration and Conciliation Act, 1996, finding no patent illegality or conflict with public policy.

The petitioner, M/s. Raviuday Construction Co., a partnership firm, challenged a majority arbitral award dated 15 May 2012 passed by a three-member ar...