High Court

Delhi High Court Refers Football Clubs' DSA Membership And Electoral Rights Disputes To Arbitrator
The Delhi High Court has referred disputes involving six football clubs over disciplinary action affecting their membership and electoral rights in the Delhi Soccer Association to a previously appointed sole arbitrator.Justice Om Prakash Shukla has asked the arbitrator to consider their requests for interim relief expeditiously, ahead of the association's elections on October 18, 2026.The court observed, “Considering that the elections are scheduled for 18.10.2026, the learned Arbitrator is...

SBI Officers' Association Member's Removal Dispute Not Arbitrable Under Bye-Laws: Madras High Court
The Madras High Court has ruled that the State Bank of India Officers' Association's bye-laws did not provide for arbitration of a dispute over the removal of a member from the Association's membership and elected post.Justice K. Kumaresh Babu dismissed an application filed by former Regional Secretary G. Ganapathy seeking to stay the Association's July 28, 2026 order removing him from its Executive Committee and primary membership pending arbitration.“When that being the interpretation, this...

Gujarat High Court Quashes ₹43.43 Crore GST Demand Against Amul
The Gujarat High Court has recently quashed an IGST demand of ₹43.43 crore against Gujarat Co-operative Milk Marketing Federation Limited, popularly known as Amul. The court held that failure to allocate common expenses to branches through cross-charging does not, by itself, establish fraud or suppression of facts to evade GST.A Division Bench of Justice A.S. Supehia and Justice Vaibhavi D. Nanavati ruled that the tax authorities had failed to establish the conditions required to invoke Section...

Lawyer's Assumption That Judgment Was Postponed Cannot Justify IRCT's Delayed Appeal: Karnataka High Court
The Karnataka High Court has recently ruled that a lawyer's assumption that judgment would be postponed cannot justify a delayed appeal. The failure to check whether the judgment was subsequently delivered remained unexplained.Dismissing a commercial appeal filed by the Indian Railway Catering and Tourism Corporation (IRCTC) against Amulya Enterprises, the court refused to condone a 92-day delay in challenging a Commercial Court decree dated June 11, 2024.A Division Bench of Justice Anu...

ED Must First Prove FERA Violation Before Shifting Burden Of Proof To Accused: Delhi High Court
The Delhi High Court has ruled that the Enforcement Directorate must first establish that a person committed an act requiring permission under the Foreign Exchange Regulation Act (FERA) before the burden shifts to that person to prove they had the requisite permission.A Division Bench of Justice Navin Chawla and Justice Ravinder Dudeja held that the Department had failed to prove that Laxman T. Advani had dealt in foreign currency. The court dismissed the Union government's appeal against the...

Reproducing Substantial Portions Of Award While Deciding Challenge Not Non-Application Of Mind: Delhi High Court
The Delhi High Court has ruled that a judge's reproduction of substantial portions of an arbitral award while deciding a challenge to it does not, by itself, establish non-application of mind, provided the judge meaningfully examines the objections raised.“The distinction lies not in the extent of textual reproduction, but in the existence or absence of judicial engagement with the controversy. Consequently, the mere circumstance that substantial portions of an arbitral award have been...

Cash Loan Violating Income Tax Provisions Still Enforceable Under Cheque Bounce Law: Bombay High Court
The Bombay High Court on 30 September held that a cash loan does not become unenforceable under Section 138 of the Negotiable Instruments Act, 1881, merely because it violates income tax provisions. Justice M.M. Sathaye dismissed Manoj Oswal's revision application challenging his conviction in a cheque dishonour case filed by businessman Vijay Gandhi over a Rs. 8.5 lakh loan. Referring to an earlier Division Bench ruling, he observed: “Violation of section 269SS and/or section 271AAD of the...

Karnataka High Court Appoints Arbitrator In ₹2.53 Cr. Dispute Concerning Military Engineer Services
The Karnataka High Court on 8 October appointed retired District Judge Prabhavathi Hiremath as the sole arbitrator to resolve contractual disputes between Varsha Constructions and the Military Engineer Services over the construction of an Academic Block at the Air Force Technical College in Jalahalli, Bengaluru.A Single Judge Bench of Justice H.T. Narendra Prasad observed: “Having regard to the existence of the arbitration clause contained in the Construction Agreement, which provides for...

Sikkim High Court Quashes Zydus Healthcare Reassessments, Says Audit Objection Isn't New Evidence
The Sikkim High Court on 14 October quashed income tax reassessment proceedings against Zydus Healthcare Limited for three assessment years, holding that an audit objection expressing a contrary opinion on an issue examined during the original assessment cannot, by itself, justify reopening the assessment. Justice Bhaskar Raj Pradhan observed that the language used in Section 149(1)(b) of the Income Tax Act “clearly contemplates new evidence and not new opinion.” The Income Tax Department...

Arbitration Act Interim Relief Unavailable In Electricity Disputes When Commission Can Grant Similar Relief: Delhi High Court
The Delhi High Court has recently held that it cannot entertain a plea seeking interim relief in an electricity dispute when the State Electricity Regulatory Commission is empowered to grant similar relief under the Electricity Act, 2003. Justice Tushar Rao Gedela dismissed a petition filed by Enerica Infra 3 Private Limited seeking to restrain NTPC Vidyut Vyapar Nigam Limited and Uttar Pradesh Power Transmission Corporation Limited from encashing bank guarantees worth ₹52.20 crore. “It is...

Rejection Of Correction Plea Cannot Be Challenged In VAT Revision: Himachal Pradesh High Court
The Himachal Pradesh High Court on 12 October held that Section 48 of the Himachal Pradesh VAT Act does not permit a revision petition against an order rejecting a correction application under Section 47(1). A Division Bench of Justices Ajay Mohan Goel and Romesh Verma dismissed a revision petition filed by Super Power Steels against the Tax Tribunal's rejection of its application to correct an earlier order. They held: “No revision is maintainable under Section 48 of the Act against such an...

Madras High Court Sets Aside Refusal To Register Exponent Energy's 'EXPONENT' Trademark
The Madras High Court has set aside the Trade Marks Registry's refusal to register “EXPONENT” as a word mark for Exponent Energy Private Limited. The court ruled that the Registrar failed to explain why the mark could cause confusion and did not consider a statutory exception under the Trade Marks Act, 1999.Justice A.D. Maria Clete declined to direct acceptance of the mark for advertisement. The court remitted the application to the Registrar for fresh consideration within three months of the...
