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...

GST Not Payable On Interest, Penalty For Delayed Chit Payments: Andhra Pradesh High Court

The Andhra Pradesh High Court has recently held that interest and penalties collected by a chit fund foreman from subscribers who delay payment of installments do not attract Goods and Services Tax, ruling that such amounts are exempt under GST law. A Division Bench of Justice R. Raghunandan Rao and Justice T. C. D. Sekhar said the foreman is legally required to ensure timely payment of the prize amount even if subscribers default. On this basis, the court, setting aside the rulings of the...

'VAPORIN' Doesn't Infringe 'VICKS VAPORUB' Mark: Madras High Court Dismisses P&G's Plea

The Madras High Court has rejected Procter & Gamble's attempt to cancel the trademarks “VAPORIN” and “VAPORIN COLD RUB,” holding that the marks are validly registered in favour of IPI India and are not deceptively similar to P&G's well-known product “VICKS VAPORUB”.A Single-Judge Bench of Justice N. Senthilkumar, in an order dated January 6, 2026, dismissed a batch of trademark rectification pleas filed by P&G seeking removal of IPI's registrations on the ground of deceptive...

Can GST Be Levied On Sale of Vacant Land? Rajasthan High Court To Examine

The Rajasthan High Court at Jaipur has issued notice to the Rajasthan State Industrial Development and Investment Corporation Ltd on a petition raising the issue of whether GST can be levied on the sale of vacant land in relation to an e-auction.Justice Maneesh Sharma, while hearing the matter, directed that the respondents shall not cancel the subjected e-auction if the petitioner deposits the demand amount excluding the disputed GST component within 15 days. The petition challenges a demand...

Bombay High Court Grants Interim Injunction Against 'SUPREMES GOLD' In Supreme Industries Trademark Suit

The Bombay High Court has temporarily restrained PVC pipe maker Moorthi Rabeha from using the mark “SUPREMES GOLD” after finding a prima facie infringement of Supreme Industries' “SUPREME” trademark.The order was passed on January 19, 2026, by Justice Sharmila U. Deshmukh while deciding an interim application in a suit filed by Supreme Industries alleging trademark and copyright infringement, as well as passing off, by the rival manufacturer. The Court observed that, “An average consumer would...

'KHADI' Is a Well-Known Mark: Delhi High Court Temporarily Injuncts Use Of 'KHADI VEDA' By Cosmetics Firm

The Delhi High Court has temporarily restrained an Ahmedabad-based cosmetic goods manufacturer, Enduring Body Care LLP, and its associated entities from using the mark “KHADI VEDA” or any other deceptively similar variant of “KHADI” for any goods or services.The Court held that the use of the disputed mark prima facie infringed the registered and well-known 'KHADI' trademarks of the Khadi and Village Industries Commission (KVIC).Justice Tushar Rao Gedela passed the ex-parte ad-interim injunction...

Bombay High Court Quashes Order In Vistex ITC Refund Case, Remands Issue For Holistic Review

The Bombay High Court has set aside an appellate order rejecting the refund of unutilised input tax credit (ITC) claimed by Vistex Asia Pacific Pvt. Ltd., holding that the appellate authority must examine ITC refund claims on export of services in light of the full service agreement and relevant circulars before treating a provider as an intermediary. The Court observed that a selective reading of clauses is insufficient and that the matter requires fresh and holistic consideration in accordance...

Delhi High Court Refuses To Lift Interim Injunction On Mobile Brick-Making Machines In Patent Dispute

The Delhi High Court has refused to lift an interim injunction in a patent dispute over mobile brick-making machines, holding that while the rival machines are not identical, they appear to share the core patented concept of making and laying bricks as the machine moves.A Division Bench of Justice Dinesh Mehta and Justice Vimal Kumar Yadav pronounced the judgment on January 16, 2026, dismissing an appeal filed by Choudhary against a 2024 interim order passed in favour of SNPC, a Haryana-based...

Allahabad High Court Rejects Challenge To DRT Registrar's Power To Issue Notices In SARFAESI Proceedings

The Allahabad High Court has rejected a challenge to a notice issued by the Registrar of the Debts Recovery Tribunal in a securitisation case, holding that the Registrar was empowered under the DRT (Procedure) Rules, 1993. “When power to issue notice to a defendant has specifically been conferred upon the Registrar of DRT, it cannot be said that the Registrar has no power to issue notice to a defendant to show-cause as to why the S.A. should not be allowed, and also to caution the defendant...