High Court
Participation Cannot Cure Ineligibility: Bombay High Court Sets Aside Awards By Unilaterally Appointed Arbitrator
The Bombay High Court has recently reiterated that arbitral awards passed by an arbitrator unilaterally appointed by one party are liable to be set aside and that such illegality cannot be cured merely because the opposing party participated in the arbitration proceedings without raising an objection. Applying the Supreme Court's recent ruling in Bhadra International (India) Pvt. Ltd. v. Airports Authority of India, the court further reiterated that waiver of an arbitrator's ineligibility under...
Kerala High Court Holds ATM Fraud Losses Not Covered Under New India Assurance Policy, Dismisses Federal Bank Suit
The Kerala High Court has recently held that losses caused by fraudulent use of ATMs were excluded under the Banker's Indemnity Policy issued by New India Assurance Co. Ltd. to Federal Bank, setting aside a trial court decree that had directed the insurer to indemnify the bank.A Division Bench of Justice Sathish Ninan and Justice P. Krishna Kumar allowed the appeal filed by the insurance company and dismissed the bank's suit seeking indemnification under the policy. Federal Bank had filed a...
Groundless Threat Suit Over Trademark Infringement Cannot Continue Once Infringement Case Is Filed: Calcutta High Court
The Calcutta High Court has recently observed that once the proprietor of a trademark or copyright institutes an infringement suit with due diligence, the cause of action in a suit alleging groundless threats automatically extinguishes.On January 30, 2026, Justice Ravi Krishan Kapur dismissed a 'threat suit' filed by Neelam Gupta against Esme Consumer Private Limited because the company had, subsequent to the filing of the suit, commenced a formal infringement action in a Delhi court. Under...
Arbitral Award Declared Unenforceable During Execution Proceedings Is Akin To Being Set Aside: Kerala High Court
The Kerala High Court has recently held that when an arbitral award is declared unenforceable during execution proceedings, the legal effect is akin to the award being set aside, and fresh arbitral proceedings can be initiated only after issuing a fresh notice invoking arbitration under Section 21 of the Arbitration and Conciliation Act, 1996. Closing a batch of arbitration requests as premature, a single bench of Justice S. Manu said that once an award is declared a nullity by a competent...
Value Of Materials Supplied Free Of Cost By Service Recipient For Manufacturing Not Taxable Under GST: Andhra Pradesh HC
The Andhra Pradesh High Court has recently reiterated that the value of materials supplied free of cost by a service recipient for manufacture of a product cannot be included in the taxable value under GST, setting aside a tax demand raised on a ready mix concrete supplier. A bench of Justice Cheekati Manavendranath Roy and Justice Tuhin Kumar Gedela observed that when components required for manufacturing a product are supplied free of cost, their value is not liable to tax. The Court...
Bombay High Court Upholds Arbitral Award In Polimer-Ultra Media 'Jai Hanuman' License Fee Dispute
The Bombay High Court on 5 March upheld an arbitral award directing Polimer Media Pvt Ltd to pay Rs. 30.45 lakh to Ultra Media and Entertainment Pvt Ltd in a dispute arising from a broadcasting license agreement for the television serial “Jai Hanuman.” A Bench of Justice Gauri Godse held that the arbitral award did not warrant interference under Section 34 of the Arbitration and Conciliation Act. The Court observed: “Hence, in my view, by applying the standards as set out in the various...
Orissa High Court Allows Application For Patent Restoration As Expiry Was Within Covid-19 Period
The Orissa High Court on 12 February, allowed a writ petition filed by Green Energy Resources, a Sambalpur-based firm, permitting it to apply for the restoration of a patent that had ceased to have effect due to the non-payment of renewal fees. Justice B.P. Routray observed that the company's explanation for the lapse was convincing and noted that the patent's expiry occurred during the COVID-19 pandemic. The Court remarked that under the given facts, there was “no difficulty... for considering...
Delhi High Court Refuses To Condone 1,000-Day Delay In Commercial Appeal, Cites Lack Of Diligence By Appellant
The Delhi High Court has recently refused to condone a 1,000-day delay in filing a commercial appeal, stressing that the Commercial Courts Act requires strict adherence to timelines to ensure the speedy disposal of disputes.The Division bench of Justice Nitin Wasudeo Sambre and Justice Ajay Digpaul observed that,“This is especially so due to the object of the Commercial Courts Act in ensuring strict adherence of timelines by parties to facilitate the speedy disposal of suits, coupled with the...
Auction Of Pledged Gold Not Governed By SARFAESI: J&K and Ladakh High Court
The High Court of Jammu & Kashmir and Ladakh on Wednesday dismissed writ petitions challenging Axis Bank's proposed auction of pledged gold ornaments, observing that such action does not fall within the ambit of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) since pledges of movable property are excluded under Section 31(b) of the statute. A division bench of Justice Sindhu Sharma and Justice Shahzad Azeem was dealing...
Delhi High Court Slams Cryptic Patent Refusal, Remands Fertin Pharma Application For Re-Consideration
The Delhi High Court on 18 February set aside an order by the Assistant Controller of Patents and Designs that had rejected a patent application from Fertin Pharma A/S, observing that the regulator failed to provide the requisite reasoning expected of a quasi-judicial authority. Justice Tushar Rao Gedela observed that the original refusal was “cryptic,” whereas reasoning is “the bedrock of all orders, including those passed by quasi-judicial authorities.” The Court was hearing an appeal under...
Delhi High Court Says Patent Amendments Permissible At Appellate Stage, Sets Aside Daikin Refusal
The Delhi High Court on 26 February reiterated that patent amendments are permissible even at the appellate stage, so long as they fall within the statutory framework of the Patents Act. Justice Jyoti Singh partially allowed the appeal filed by Daikin Industries Ltd, setting aside the Patent Office order that had earlier denied the company a patent for its 'Shell-And-Plate Heat Exchanger.' Observing that the specific modifications proposed by the company were permissible, as they neither...
Denial Of Input Tax Credit Limited To Depreciated Portion: Kerala High Court
The Kerala High Court on 18 February clarified that Section 16(3) of the CGST Act bars input tax credit only on the part of a capital good's tax component where depreciation is claimed, not on the whole tax component. Justice Ziyad Rahman A A quashed the show-cause notices issued to banking companies that had denied input tax credit on the entire tax component solely because depreciation was claimed on the unavailed portion. The Bench observed: “as far as prohibition contemplated under...