Commercial Court Cannot Dismiss Non-Commercial Suit; Must Return Plaintiff: Delhi High Court

The Delhi High Court has held that when a commercial court finds that a dispute does not qualify as a “commercial dispute” under the Commercial Courts Act, it cannot dismiss the suit on that ground and must instead return the plaint so that the litigant can approach the appropriate civil court. A Division Bench of Justice Anil Kshetarpal and Justice Amit Mahajan set aside a Commercial Court order that had dismissed a recovery suit filed by former employee Pramod Kumar against Gannon...

Delhi High Court Sets Aside Rejection Of Comforter System Patent, Orders Fresh Review

The Delhi High Court has set aside a Patent Office order rejecting a patent application filed by Jesal Vimal Jetha for a therapeutic comforter system, holding that the refusal suffered from procedural infirmities and violation of principles of natural justice for non-consideration of applicant's responses to subsequent objections raised by Patent Office.Justice Tushar Rao Gedela delivered the judgment on January 23, 2026, while allowing an appeal against a 2020 order by which the Patent Office...

Delhi High Court Awards ₹81 Lakh to Merck, Sun Pharma In Diabetes Drug Patent Infringement Case

The Delhi High Court on Friday awarded over Rs 81 lakh in damages and costs to US-based pharmaceutical company Merck Sharp & Dohme Corp. and its Indian licensee, Sun Pharmaceutical Industries Ltd., in a patent infringement suit concerning the anti-diabetic drug Sitagliptin and its pharmaceutical combinations.In a judgment dated January 23, 2026, Justice Tushar Rao Gedela decreed the suit in favour of the pharmaceutical companies, holding that unauthorized manufacture and export of the...

Municipal 'Self-Government' Doesn't Take Works Contract Disputes Outside State Arbitration Tribunal: MP High Court

The Madhya Pradesh High Court at Jabalpur has held that disputes arising out of works contracts with municipal corporations covered by the MP Madhyastham Adhikaran Adhiniyam, 1983 cannot be taken to arbitration under the Arbitration and Conciliation Act, 1996, and must instead be decided by the state's statutory arbitration tribunal. Justice Vivek Jain held that although municipalities are described in the Constitution as institutions of local self-government, this does not place them beyond...

Delhi High Court Grants Interim Relief To L'Oréal, Restrains Circulation Of AI-Generated Video On Maybelline

The Delhi High Court has restrained a social media content creator from circulating an allegedly AI-generated video or any other posts targeting Maybelline products, holding that the unsubstantiated claims could irreparably damage L'Oréal India's brand and consumer trust.Justice Jyoti Singh passed the order on January 20, 2026, observing that the continued circulation of the disputed content would cause irreparable harm to the goodwill and reputation of L'Oréal India Private Limited and its...

Kerala High Court Holds GST Portal Upload As Valid Service, Dismisses Petition Filed After Two Years

On 19 January, the Kerala High Court dismissed a writ petition filed by Abhinaya Digital Solutions challenging a GST demand order, holding that uploading an order on the GST portal constitutes valid service and that a challenge filed more than two years after the order suffers from unexplained delay. Justice Ziyad Rahman A.A. declined to entertain the petition against an assessment order passed under the Central Goods and Services Tax Act, 2017, seeking recovery of input tax credit claimed on...

Limitation Period For GST Appeals Starts Only After Tribunal Becomes Functional: Chhattisgarh High Court

The Chhattisgarh High Court has held that the limitation period for filing appeals to the GST Appellate Tribunal (GSTAT) begins only once the Tribunal becomes functional, and allowed a Raipur-based construction firm to approach the Tribunal for its transitional input tax credit claim, while directing that statutory protection against recovery under Section 112(9) of the CGST Act will continue in the meantime. Justice Naresh Kumar Chandravanshi passed the order in a writ petition filed by the...

Mere Allegations Of Fraud Don't Give Civil Courts Jurisdiction In SARFAESI Cases: Gujarat High Court

The Gujarat High Court has refused to interfere with SARFAESI recovery proceedings involving State Bank of India, holding that fraud or collusion allegations alone do not give civil courts jurisdiction when a statutory remedy lies before the Debt Recovery Tribunal. Justice Niral R. Mehta said that challenges to such measures, including claims of fraud, must be raised before the Debt Recovery Tribunal (DRT), which has wide powers under Section 17 of the SARFAESI Act to examine the legality,...

Calcutta High Court Quashes Ex Parte GST Order Over Taxpayer's Non-Appearance Due To Consultant's Illness

The Calcutta High Court set aside an ex parte order of the GST appellate authority passed due to non-appearance caused by the illness of the taxpayer's authorised consultant. It stressed that taxpayers cannot be penalised for circumstances beyond their control. A Single Judge Bench of Justice Om Narayan Rai held that the appellate authority failed to grant the taxpayer a fair and reasonable opportunity of hearing, and remanded the matter for fresh adjudication. The dispute arose from an appeal...

Merely Uploading Notice On Portal Without Mobile Alert Vitiates Tax Reassessment: Calcutta High Court

The Calcutta High Court on 20 January held that merely uploading income tax notices on the portal, without issuing a real-time alert to the taxpayer's registered mobile number, is insufficient to sustain reassessment proceedings under the Income Tax Act, as it violates the principles of natural justice. A Single Judge Bench of Justice Om Narayan Rai set aside the reassessment proceedings against Basu Tea Pvt. Ltd., the taxpayer and legally unsustainable. The Bench held that the it had been...

Delhi High Court Upholds Interim Ban on Jaipur Restaurant Chain's Use Of 'DASAPRAKASH' Trademark

The Delhi High Court has upheld an interim injunction restraining a Jaipur-based company, Dasaprakash Restaurant and Ice Cream Parlour Private Limited, from using the “DASAPRAKASH” trademark. The restraint covers ice creams, restaurants, and allied goods and services. The court held that the continued use of the mark was prima facie unauthorized and amounted to trademark infringement. A Division Bench of Justice C. Hari Shankar and Justice Om Prakash Shukla delivered the judgment on January...

Arbitral Tribunal Followed 'Unusual Process, Unknown to Law': Bombay High Court Sets Aside Award Against HPCL

The Bombay High Court has set aside a Rs 19.82 crore arbitral award against state-run Hindustan Petroleum Corporation Ltd., holding that the arbitral tribunal followed an “unusual process, unknown to law” and wrongly prevented the company from raising a defence that struck at the validity of the contract itself. Justice Sandeep V Marne said the arbitrator shut out HPCL from raising objections based on suppression and fraud after those facts came to light. This, the court said, was against the...