High Court
Once Parties Agree To Institutional Arbitration, Its Commencement Is Governed By Institutional Rules: Karnataka High Court:
The Karnataka High Court has recently observed that the commencement of arbitral proceedings will be governed by agreed institutional rules and not necessarily by Section 21 of the Arbitration and Conciliation Act, since the provision applies only “unless otherwise agreed by the parties." Dismissing a contractor's appeal against a Rs 7.99-crore arbitral award, the court observed that “It is apparent from the plain language of Section 21 of the A&C Act that the arbitral proceedings are...
Input Tax Credit Transfer On Company Amalgamation Not Restricted By State: Gujarat High Court
The Gujarat High Court on 5 March held that input tax credit (ITC) cannot be denied on the amalgamation of companies merely because the transferor and transferee entities are registered in different States. A Division Bench comprising Justice A. S. Supehia and Justice Pranav Trivedi heard a petition filed by Emerson Process Management (India) Pvt. Ltd. challenging the refusal of GST authorities to allow the transfer of ITC following the amalgamation of Pentair Valves and Controls India Pvt....
Madras High Court Sets Aside SHRC Order In Contract Dispute, Cites Dispute Resolution and Arbitration Mechanism
The Madras High Court has recently set aside a recommendation of the Tamil Nadu State Human Rights Commission directing payment of ₹1 lakh compensation in a dispute arising out of a funding agreement between the Tamil Nadu State AIDS Control Society (TANSACS) and an NGO, holding that the matter was governed by a contractual dispute-resolution clause providing for grievance redressal and arbitration. The order was passed by a Division Bench of Justice Dr. G. Jayachandran and Justice Shamim Ahmed...
No Penalty For Erroneous Claim Based On Bona Fide Interpretation Of Tax Treaty: Madras High Court
The Madras High Court on 5 February held that an erroneous claim of double taxation relief by itself cannot lead to a penalty under Section 271(1)(c) of the Income Tax Act, 1961 when the taxpayer has fully disclosed the relevant income and the claim arises from a bona fide interpretation of law. A Division Bench of Dr. Justice Anita Sumanth and Justice Mummineini Sudheer Kumar heard appeals filed by the Commissioner of Income Tax against Indian Overseas Bank challenging an order of the Income...
Delhi High Court Stops Indore Firm From Using Glaxo-Like Drug Packaging, Grants Temporary Injunction
The Delhi High Court has granted an ex-parte ad-interim injunction in favour of pharmaceutical company Glaxo Group Limited, restraining an Indore-based trader from using trademarks and packaging deceptively similar to its popular medicinal brands including ZINETAC, AUGMENTIN, CALPOL and BETNESOL, after finding a prima facie case of infringement and breach of an earlier undertaking. In an order passed on March 10, 2026, Justice Tushar Rao Gedela held that the defendant, Anand Jain trading as...
MP High Court Pulls Up MPRTC For Delay In Paying Arbitral Award, Notes ₹1.5 Crore Grew To ₹6 Crore With Interest
The Madhya Pradesh High Court has recently pulled up the Madhya Pradesh Road Transport Corporation (MPRTC) for delaying payment of a Rs 1.5-crore arbitral award for years, observing that the liability has now escalated to more than Rs 6 crore due to accumulated interest, resulting in “misuse and wastage of public money.” Setting aside an order of the executing court that had dismissed the execution proceedings for non-payment of process fee, a Division Bench of Justices Vivek Rusia and Pradeep...
J&K&L High Court Upholds Income Tax Addition After Taxpayer Gave Inflated Stock Statement To Bank
The Jammu & Kashmir and Ladakh High Court on Wednesday upheld an addition to taxable income made on the basis of a stock statement furnished by a taxpayer to a bank while availing a cash credit facility, holding that the tax authorities were justified in relying on the declaration where discrepancies with the books of account remained unexplained. A Division Bench of Chief Justice Arun Palli and Justice Rajnesh Oswal dismissed an appeal filed by Ajay Food Products challenging an...
Arbitral Award Not Invalid Merely Because MSME Party Could Have Approached Facilitation Council: Bombay High Court
The Bombay High Court on Tuesday observed that an arbitral award passed through ad hoc arbitration cannot be invalidated merely because one of the parties is an MSME supplier who could have approached the Facilitation Council under the MSMED Act.Justice Sandeep V. Marne dismissed a petition filed by Bharat Sanchar Nigam Limited (BSNL) challenging an arbitral award passed in favour of Microtex Energy Pvt. Ltd,an MSME. “Therefore, if parties opt for ad hoc arbitration, the award is not...
Court Deciding Plea To Extend Arbitral Tribunal Mandate Concerned Only With Extension, Not Merits: Calcutta High Court
The Calcutta High Court has held that while exercising jurisdiction to extend the mandate of an arbitral tribunal under Section 29A of the Arbitration Act, the court is concerned only with whether extension of time is warranted and cannot examine the merits of issues pending before the tribunal.While deciding a petition filed by UGRO Capital Ltd seeking extension of the mandate of a sole arbitrator in a dispute with Vallabh Metal Industries, Justice Gaurang Kanth observed:“In any event, while...
Delhi High Court Sets Aside 'FISCHBEIN' Trademark Abandonment Order Over Uncommunicated Objections
The Delhi High Court has set aside an order by the Registrar of Trade Marks that had declared a trademark application for the mark 'FISCHBEIN' as abandoned.On March 10, 2026, Justice Tushar Rao Gedela stated that the Registrar's decision violated the principles of natural justice by rejecting the application based on grounds never communicated to the applicant, nVenia.“It is the bounden duty of the Trade Marks Office while examining the application to place all objections before the applicant so...
Karnataka High Court Restores ₹44.48 Lakh Arbitral Award After Commercial Court Examined Issue Not Raised Before Tribunal
The Karnataka High Court has restored an arbitral award of Rs 44.48 lakh granted to contractor S S Police Patil and Company in a dispute over price adjustment claims arising from a municipal road improvement project in Dharwad district. A Division Bench of Chief Justice Vibhu Bakhru and Justice C.M. Poonacha held that the Commercial Court exceeded its limited jurisdiction under Section 34 of the Arbitration and Conciliation Act by examining issues that were not raised before the arbitral...
Interim Relief On Foreign Arbitral Award Available Even After Enforcement Plea, Until It Becomes Decree: Bombay High Court
The Bombay High Court on Tuesday held that courts can grant interim protective measures under Section 9 of the Arbitration and Conciliation Act to secure the amount awarded under a foreign arbitral award even after a petition seeking its recognition and enforcement has been filed. Justice Somasekhar Sundaresan made the observation while hearing a petition filed by Osterreichischer Lloyd Seereederei (Cyprus) Ltd against Victore Ships Pvt Ltd seeking interlocutory protection to secure the awarded...