Are All Promoter-Allottee RERA Disputes Non-Arbitrable? Bombay HC Refers Question To Larger Bench

The Bombay High Court has referred to a larger Bench the question of whether every dispute between a real estate promoter and an individual flat buyer under an agreement for sale governed by RERA is non-arbitrable as a class. The court will consider whether arbitrability must instead be examined by looking at the subject matter, nature of relief and the matters RERA authorities are empowered to determine.Justice Amit Borkar observed, “The issue is whether the existence of a statutory forum under...

Choosing Arbitrator From Opponent's Unilateral Panel Does Not Waive Ineligibility: Delhi High Court

The Delhi High Court on 6 October held that selecting an arbitrator from a panel unilaterally constituted by the opposite party does not amount to waiver of the statutory ineligibility under Section 12(5) of the Arbitration and Conciliation Act, 1996, even if the party subsequently participates in the arbitration. A Division Bench comprising Justices Anil Kshetarpal and Bharat Parashar allowed Newton Engineering and Chemicals Limited's appeal, holding that a mechanism where one party alone...

Insight Portal Screenshots Without Underlying Material Can't Sustain Reassessment: Gujarat High Court

The Gujarat High Court on 7 September held that reassessment proceedings cannot be sustained where the Revenue relies merely on screenshots from the Insight Portal without furnishing the underlying reports and material allegedly linking the taxpayer to accommodation transactions. A Division Bench comprising Justices A.S. Supehia and Vaibhavi D. Nanavati quashed the reassessment proceedings against Jyoti CNC Automation Ltd., finding that the notice issued under Section 148A(1) of the Income Tax...

Cheque Number Discrepancy Must Be Examined At Trial, Not Quashing Stage: Karnataka High Court

The Karnataka High Court on 28 September held that a discrepancy in the cheque number mentioned in a Section 138 Negotiable Instruments Act complaint and the complainant's subsequent police statement is a factual issue that cannot be decided at the stage of quashing the prosecution. Justice Suraj Govindaraj dismissed Umesh K.G.'s petition seeking to quash the proceedings initiated by Bharathi H.N. over an alleged failure to honour a cheque for Rs. 40 lakh. The Bench observed: “The discrepancy...

Participation In Arbitration Does Not Waive Government's Right To Challenge Limitation: J&K High Court

On 6 October, the High Court of Jammu & Kashmir and Ladakh held that the government does not waive its right to challenge stale claims merely by participating in arbitration or failing to raise limitation during proceedings for appointment of an arbitrator. A Division Bench comprising Justices Rajnesh Oswal and Rahul Bharti dismissed a contractor's appeal against the setting aside of most of an arbitral award concerning work on the Wangat Weir at the Upper Sindh Hydel Project-II...

DRT Registrar Can't Suo Motu Question Limitation, Maintainability Of SARFAESI Plea: Kerala High Court

The Kerala High Court has held that a Debts Recovery Tribunal (DRT) Registrar cannot suo motu refer a securitisation application filed under Section 17 of the SARFAESI Act to the DRT by examining questions of maintainability, limitation or locus standi. Justice P.V. Balakrishnan set aside the order of the Debt Recovery Tribunal-I, Ernakulam, rejecting an unnumbered securitisation application filed by Ramachandran P, and remitted the matter to the Registrar for consideration in accordance with...

Time-Barred GST Refund Claim Cannot Trigger Deficiency Memo: Madras High Court

The Madras High Court has held that a GST deficiency memo cannot be issued merely because a refund application is time-barred, as such a memo is meant to address a remediable defect in the application. Justice Senthilkumar Ramamoorthy on 1 September, disposed of a deficiency memo issued to L.S. Pacific Wood Tech Pvt. Ltd. after it sought a refund under Section 54 of the GST enactments. The Bench observed that “a deficiency memo cannot be issued on the ground that the refund application is time...

Madras High Court Quashes GST Notice To Queen Mira School, Says Assessment Must Precede Recovery

The Madras High Court on 24 September quashed a show cause notice issued to Queen Mira International School, while granting the department liberty to initiate fresh proceedings in accordance with law. Justice C. Saravanan held that the GST authorities must first assess the tax liability of an unregistered person under the prescribed statutory mechanism before proceeding against such person for tax recovery. The Bench observed: “Under the GST enactment, the Department has to first invoke the...

Rajasthan High Court Quashes Jepee Construction's ₹6.93 Crore Tax Addition Over Short Response Time

On 6 October, the Rajasthan High Court held that less than three days to respond to a substantial tax addition is not a reasonable opportunity of hearing and set aside an assessment order passed by the National Faceless Assessment Centre against Jepee Construction Pvt. Ltd., involving an addition of about Rs. 6.93 crore. A Division Bench comprising Chief Justice Sanjay K. Agrawal and Justice Baljinder Singh Sandhu found that the assessment order wrongly recorded that the company had not filed...

Delhi High Court Stays FSSAI Orders Forcing PepsiCo, Monster Energy To Drop "Energy Drink" Label

The Delhi High Court has stayed orders of the Food Safety and Standards Authority of India (FSSAI) directing PepsiCo India Holdings Private Limited and Monster Energy India Private Limited to remove the description "Energy Drink" from their beverages.Justice Amit Mahajan, passing identical orders in both petitions on October 6, 2026, noted that the FSSAI orders were passed without a show cause notice or a hearing.PepsiCo sells "Adrenaline Rush Energy Drink - Ultimate Performance" and "Sting...

SARFAESI Sale Notice Can't Reopen Issue Already Considered In Earlier Writ: Kerala High Court

The Kerala High Court has held that a SARFAESI sale notice cannot be used to reopen an issue already considered in earlier writ proceedings when the relief sought later is a continuation of the original cause of action.“We have also considered the implication of Order II Rule 2 of the CPC in proceedings under Article 226 of the Constitution of India and have categorically stated that, in the absence of any challenge to the proposed action of the Bank, the sale notice would not furnish another...

Delhi High Court Restrains Nine Rogue Websites From Streaming Ajay Devgn-Starrer 'Drishyam: The Conclusion'

The Delhi High Court has recently granted an ad interim ex parte injunction to Digital18 Media Private Limited, which holds exclusive rights in the Ajay Devgn-starrer Drishyam: The Conclusion. The Court restrained nine websites from hosting, streaming or making the film available online without authorisation.Justice Purushaindra Kumar Kaurav also directed domain registrars and the government to block the sites and to act against fresh piracy of the film.Digital18 Media, which holds rights in the...