Delay In GST Appeal Condonable On Showing Sufficient Cause: Gujarat High Court

The Gujarat High Court on 17 April, held that a short delay in filing an appeal under the GST regime can be condoned if the appellant demonstrates “sufficient cause”, and that appellate authorities must apply their mind to the reasons instead of mechanically rejecting appeals on limitation. A Division Bench comprising Justices A.S. Supehia and Pranav Trivedi allowed the writ petition filed by Manjulaben Vinod Patel and quashed the appellate order rejecting the appeal as time-barred. The judges...

Depreciation In Sale–Leaseback Cannot Be Denied On Mere Suspicion: Madras High Court

The Madras High Court on 20 April 2026 held that under the Income Tax Act, 1961, a taxpayer is entitled to claim deduction of accrued construction expenses and depreciation arising from sale and leaseback transactions. It ruled that such transactions cannot be treated as colourable devices merely because they result in tax advantages. A Division Bench comprising Justices G. Jayachandran and Shamim Ahmed dismissed the appeals filed by the Income Tax Department under Section 260-A and affirmed...

Cheque Return Memo Need Not Bear Bank Seal Or Signature To Prove Dishonour: Karnataka High Court

The Karnataka High Court has recently held that a cheque return memo need not carry a bank's seal or signature to establish dishonour under Section 138 of the Negotiable Instruments Act, 1881, particularly where the process is handled through electronic clearing systems. “In view of the electronic clearance, the seal and signature is not mandatory and therefore, seal and signature, official mark etc., on Ex.P.2 cannot be a ground to reject the complaint,” a bench of Justice V Srishananda said. ...

Delhi High Court Directs Mediation For Cooperative Society Disputes 170 Cases Identified For Settlement

The Delhi High Court recently directed mediation of pending cooperative society disputes, identifying around 170 cases for settlement, following the protocol adopted in earlier special mediation drives. The exercise will be carried out in coordination with SAMADHAN, the Delhi High Court Mediation and Conciliation Centre, and the Registrar of Co-operative Societies (RCS). A Division Bench of Justices Prathiba M. Singh and Madhu Jain noted that such disputes remain pending for years despite...

Conditional Land Tax Acceptance Unsustainable Without Civil Court Adjudication: Kerala High Court

The Kerala High Court on 5 March held that the State cannot impose conditions while accepting land tax that create a cloud over title, as such disputes require adjudication by a competent civil court and cannot be decided through administrative endorsements. A Division Bench comprising Justices Anil K. Narendran and Muralee Krishna S set aside the condition in Order G.O.(Ms.)No.172/2019/Rev. dated 6 June 2019 and declined to direct unconditional acceptance of land tax, while permitting the...

Arbitration Clause Can't Be Ousted By Specific Performance Clause In Contract: Punjab & Haryana High Court

The Punjab and Haryana High Court has held that a clause allowing a civil suit for specific performance does not override a clear arbitration clause between parties, appointing an arbitrator to resolve a land dispute after rejecting objections of coercion and invalidity. Justice Jasgurpreet Singh Puri said, “When in an agreement, there exists a specific clause pertaining to arbitration, which remains undisputed then the mere fact that there is some other clause providing entitlement to file a...

Calcutta High Court Dismisses Appeal Seeking Modification Of Arbitral Award Stay, Says Plea Not Appealable

The Calcutta High Court has dismissed an appeal seeking modification of the conditions of stay of an arbitral award to permit withdrawal of about Rs. 61.20 crore, holding that such orders are not appealable under Section 37 of the Arbitration Act. The court clarified that a post-award application that does not seek protection or preservation of the subject matter cannot be treated as an interim measure appealable. Rejecting Mackintosh Burn Limited's bid to withdraw about Rs 61.20 crore...

Calcutta High Court Restores Arbitral Award In Bhubaneswar Airport Terminal Construction Dispute

The Calcutta High Court on Thursday set aside a Single Judge's order that had interfered with an arbitral award in a dispute over construction of a terminal and allied buildings at Bhubaneswar Airport. The court held that the court exercising jurisdiction under Section 34 cannot substitute the arbitrator's plausible view with its own. A Division Bench of Justices Debangsu Basak and Md. Shabbar Rashidi was hearing appeals filed by NBCC India Limited against the July 1, 2024 order by which the...

Bombay High Court Upholds RBI's 2019 Stressed Assets Framework, Finds No Arbitrariness

The Bombay High Court recently upheld the Reserve Bank of India's June 7, 2019 circular on the Prudential Framework for Resolution of Stressed Assets, refusing to interfere with the policy decision that repealed multiple earlier restructuring circulars. The court found no arbitrariness in the RBI's decision to withdraw earlier schemes, including those relating to corporate debt restructuring, restructuring of advances by banks, and restructuring of dues of small and medium enterprises, holding...

Bombay High Court Reads Down RBI 5-Year Ban On New Venture Funding For Wilful Defaulters After NPA Settlement

The court held the five-year embargo cannot continue unless it is established that the borrower is guilty of fraud or has siphoned or diverted funds.

Madhya Pradesh High Court Holds ICA Award Void, Says Only CJI Can Appoint Arbitrator

The Madhya Pradesh High Court has held that an arbitral award against Ssangyong Engineering and Construction Company Ltd is a nullity in law, as the dispute was an international commercial arbitration and, under Sections 11(9) and 11(12) of the Arbitration and Conciliation Act, 1996, only the Chief Justice of India or a person or institution designated by him could appoint the arbitrator. The court noted that Ssangyong is a company incorporated in the Republic of Korea, and therefore the...

Arbitration Can Proceed Despite Parallel Criminal Proceedings In Private Disputes: Madhya Pradesh High Court

The Madhya Pradesh High Court recently reiterated that parallel criminal proceedings between private parties do not bar arbitration unless the allegations have a public character and proceeded to appoint an arbitrator in a dispute arising out of purchase orders between the parties. A single bench of Justice Vivek Jain emphasised, observing, “Be that as it may be, but it is settled in law that even where criminal proceedings are pending parallelly, then also arbitration proceedings can continue...