Rajasthan High Court Sets Aside Arbitral Award For Failing To Identify Disputed Facts, Consider Evidence

The Rajasthan High Court has reiterated that an arbitral award based solely on pleadings, without framing issues concerning serious disputed facts or considering evidence, violates the principles of natural justice. It further held that such an award is against the public policy of India under Section 34 of the Arbitration and Conciliation Act, 1996. Relying on several apex court precedents, the court ruled, “Thus, the above Legal precedents make it clear that an arbitral award issued without...

Madras High Court Directs Provisional Release Of Imported Equipment, Rejects Reliance On Later Amendment

The Madras High Court has directed Customs authorities to consider the provisional release of consignments of second-hand highly specialised equipment.Justice Hemant Chandangoudar held that a later amendment to the applicable exemption notification could not be relied upon to deny release of goods covered by Bills of Lading issued before the amendment came into force.The petitioner had imported second-hand highly specialised equipment, namely digital multifunction print and copying...

Airport Entry-Ticket Licensee Liable For Service Tax Only From June 1, 2007: Madras High Court

The Madras High Court has ruled that an airport entry-ticket licensee was liable to pay service tax only from June 1, 2007, and not for the earlier period.The court observed that the law was amended from that date to specifically bring the renting of immovable property within the service tax net. For the period before June 1, 2007, it noted that the Delhi High Court had ruled that service tax did not apply to the rental/licence fee in question.“...the appellant is liable to pay service tax as an...

Karnataka High Court Upholds Adjustment Of Excess Excise Duty Payment Towards Dues Of Another Firm

The Karnataka High Court has upheld the adjustment of an excess excise duty payment made towards the dues of one firm against the outstanding liability of another firm under the State's Karasamadhana-IV Scheme.A Division Bench comprising Justice Lalitha Kanneganti and Justice K.S. Hemalekha dismissed the State's appeal against the order of the Single Judge directing the authorities to adjust the excess amount of ₹43.23 lakh paid towards the liability of Nagalingaswami Trading Company (NTC)...

Delhi High Court Revives Patent Bid For Improved Process To Make Drug Used To Reverse Muscle Relaxation

The Delhi High Court has set aside the Patent Office's decision refusing a patent application for an improved process to prepare sugammadex, a drug used to reverse the effects of certain muscle relaxants administered during surgery. The court found that the applicant was denied a mandatory opportunity of hearing before the refusal.Justice Jyoti Singh observed that hearings held during the pre-grant opposition proceedings could not replace the separate hearing required before the application was...

Court-Appointed Valuer Entitled To Fees Despite Lack Of Prior Sanction Of Payment: Bombay High Court

The Bombay High Court has held that a Valuer engaged by a Court Receiver is entitled to treat the assignment as court-authorised. An administrative failure to obtain prior sanction before paying fees above the prescribed limit cannot, by itself, deprive the Valuer of reasonable payment for work actually carried out and accepted.“More importantly, a Valuer appointed at the instance of the Court Receiver is entitled to proceed on the basis that the assignment entrusted to it is a legitimate...

Borrower Is Entitled To Expect Bank To Safeguard And Return Title Documents After Repaying Loan: Bombay High Court

The Bombay High Court has recently ruled that a borrower who has fully repaid a loan is entitled to assume that a bank or financial institution entrusted with original title documents will preserve them properly. It must also return the documents after the secured liability is discharged."In our view, a borrower who has fully discharged the loan is entitled to proceed on the legitimate assumption that the Bank or a Financial Institution entrusted with the custody of valuable original title...

Delhi High Court Dismisses Review Of Suppression Findings In Trademark Suit, Says Advocate Cannot Shift Duty To Junior

The Delhi High Court has dismissed a review petition filed by the counsel on record for Celagenex Research (India) Pvt. Ltd. against its earlier findings that two material documents had been wilfully suppressed in the plaint filed in a trademark suit over the mark 'RewireX'. The counsel sought a review in his personal capacity, arguing that the documents had not been brought to his attention by the company.The court held that a filing counsel cannot avoid responsibility for ensuring full...

Centre Failed To Curb Fraudulent GST Registrations Using Innocent Citizens' PAN and Aadhaar: Delhi High Court

The Delhi High Court has observed that the Central government has failed to curb the practice of obtaining fraudulent GST registrations by misusing the PAN and Aadhaar details of innocent citizens, despite nearly nine years having elapsed since the enforcement of the Central Goods and Services Tax (CGST) Act, 2017.The Division Bench of Justices Anil Kshetarpal and Shail Jain made the observation while considering petitions alleging fraudulent GST registrations obtained using the PAN and Aadhaar...

Expiry Of Original 6-Month Period No Ground For Release If Customs Validly Extends It: Delhi High Court

The Delhi High Court on 2 September held that expiry of the initial six-month period under Section 110(2) of the Customs Act, 1962 does not by itself entitle a person to release of seized goods where the period has been validly extended and a Show Cause Notice is issued within the extended period. A Division Bench of Justices Anil Khetarpal and Shail Jain dismissed a petition seeking release of nine gold bars and one gold chain detained by Customs authorities at Delhi airport from the...

Delhi High Court Refuses Writ Against Gold Confiscation, Cites Disputed Facts And Revision Remedy

The Delhi High Court has refused to entertain a writ petition challenging the absolute confiscation by Customs authorities, holding that disputes concerning the alleged oral show-cause notice and waiver of personal hearing involve disputed questions of fact which should be examined by the statutory revisional authority.The Division Bench of Justices Anil Khetarpal and Shail Jain observed that although the existence of an alternative remedy does not completely bar the High Court's jurisdiction...

Delhi High Court Refuses To Cancel Fitship's 'FITFEAST' Mark, Says ASR Failed To Prove Standalone Use

The Delhi High Court on 31 August dismissed a rectification petition filed by ASR Market Ventures, the company behind FITPASS, against Fitship Private Limited's registered FITFEAST trademark for its protein snack range. Justice Jyoti Singh also refused ASR's plea for an interim injunction in its connected passing off suit against Fitship. She held that ASR could not establish goodwill in FITFEAST as a standalone mark. The Bench observed: “The documents demonstrate that ASR has been...