All High Courts
Delhi High Court Restrains Kent RO From Using 'KENT' Mark For Fans, Notes Prior Use By Kent Cables
The Delhi High Court on Wednesday upheld an interim injunction restraining Kent RO Systems Limited from manufacturing or selling fans under the trademark “KENT”, affirming a single judge's order passed in favour of Kent Cables Private Limited. In a judgment delivered on March 11, 2026, a division bench of Justice Navin Chawla and Justice Madhu Jain dismissed the appeals filed by the purifier manufacturer and held that the cable company had shown prior adoption of the mark for electrical goods...
Penalty Order Is In Limitation If Issued Within Six Months Of Appellate Order: Madras High Court
The Madras High Court on 6 February held that when penalty proceedings arise from assessment orders and the assessment is challenged on appeal, the limitation period for issuing a penalty can be computed from the appellate order. A penalty issued within the prescribed period after the appellate decision is therefore not time-barred. Justice Senthilkumar Ramamoorthy upheld a penalty imposed on actor Joseph Vijay under the Income Tax Act, 1961, observing that the penalty order dated 30 June 2022...
Once Parties Agree To Institutional Arbitration, Its Commencement Is Governed By Institutional Rules: Karnataka High Court:
The Karnataka High Court has recently observed that the commencement of arbitral proceedings will be governed by agreed institutional rules and not necessarily by Section 21 of the Arbitration and Conciliation Act, since the provision applies only “unless otherwise agreed by the parties." Dismissing a contractor's appeal against a Rs 7.99-crore arbitral award, the court observed that “It is apparent from the plain language of Section 21 of the A&C Act that the arbitral proceedings are...
Input Tax Credit Transfer On Company Amalgamation Not Restricted By State: Gujarat High Court
The Gujarat High Court on 5 March held that input tax credit (ITC) cannot be denied on the amalgamation of companies merely because the transferor and transferee entities are registered in different States. A Division Bench comprising Justice A. S. Supehia and Justice Pranav Trivedi heard a petition filed by Emerson Process Management (India) Pvt. Ltd. challenging the refusal of GST authorities to allow the transfer of ITC following the amalgamation of Pentair Valves and Controls India Pvt....
No Penalty For Erroneous Claim Based On Bona Fide Interpretation Of Tax Treaty: Madras High Court
The Madras High Court on 5 February held that an erroneous claim of double taxation relief by itself cannot lead to a penalty under Section 271(1)(c) of the Income Tax Act, 1961 when the taxpayer has fully disclosed the relevant income and the claim arises from a bona fide interpretation of law. A Division Bench of Dr. Justice Anita Sumanth and Justice Mummineini Sudheer Kumar heard appeals filed by the Commissioner of Income Tax against Indian Overseas Bank challenging an order of the Income...
Delhi High Court Stops Indore Firm From Using Glaxo-Like Drug Packaging, Grants Temporary Injunction
The Delhi High Court has granted an ex-parte ad-interim injunction in favour of pharmaceutical company Glaxo Group Limited, restraining an Indore-based trader from using trademarks and packaging deceptively similar to its popular medicinal brands including ZINETAC, AUGMENTIN, CALPOL and BETNESOL, after finding a prima facie case of infringement and breach of an earlier undertaking. In an order passed on March 10, 2026, Justice Tushar Rao Gedela held that the defendant, Anand Jain trading as...
J&K&L High Court Upholds Income Tax Addition After Taxpayer Gave Inflated Stock Statement To Bank
The Jammu & Kashmir and Ladakh High Court on Wednesday upheld an addition to taxable income made on the basis of a stock statement furnished by a taxpayer to a bank while availing a cash credit facility, holding that the tax authorities were justified in relying on the declaration where discrepancies with the books of account remained unexplained. A Division Bench of Chief Justice Arun Palli and Justice Rajnesh Oswal dismissed an appeal filed by Ajay Food Products challenging an...
Arbitral Award Not Invalid Merely Because MSME Party Could Have Approached Facilitation Council: Bombay High Court
The Bombay High Court on Tuesday observed that an arbitral award passed through ad hoc arbitration cannot be invalidated merely because one of the parties is an MSME supplier who could have approached the Facilitation Council under the MSMED Act.Justice Sandeep V. Marne dismissed a petition filed by Bharat Sanchar Nigam Limited (BSNL) challenging an arbitral award passed in favour of Microtex Energy Pvt. Ltd,an MSME. “Therefore, if parties opt for ad hoc arbitration, the award is not...
Delhi High Court Sets Aside 'FISCHBEIN' Trademark Abandonment Order Over Uncommunicated Objections
The Delhi High Court has set aside an order by the Registrar of Trade Marks that had declared a trademark application for the mark 'FISCHBEIN' as abandoned.On March 10, 2026, Justice Tushar Rao Gedela stated that the Registrar's decision violated the principles of natural justice by rejecting the application based on grounds never communicated to the applicant, nVenia.“It is the bounden duty of the Trade Marks Office while examining the application to place all objections before the applicant so...
Interim Relief On Foreign Arbitral Award Available Even After Enforcement Plea, Until It Becomes Decree: Bombay High Court
The Bombay High Court on Tuesday held that courts can grant interim protective measures under Section 9 of the Arbitration and Conciliation Act to secure the amount awarded under a foreign arbitral award even after a petition seeking its recognition and enforcement has been filed. Justice Somasekhar Sundaresan made the observation while hearing a petition filed by Osterreichischer Lloyd Seereederei (Cyprus) Ltd against Victore Ships Pvt Ltd seeking interlocutory protection to secure the awarded...
Delhi High Court Quashes 'NAUKRIYAN' Trademark, Says It Is Deceptively Similar To Naukri.com
The Delhi High Court has recently quashed the trademark registration of "NAUKRIYAN," finding it deceptively similar to the “NAUKRI” mark used by Info Edge (India) Limited for its flagship job portal, Naukri.com. In a judgment delivered on March 10, 2026, Justice Tushar Rao Gedela said the dominant and essential feature in both marks is the word "naukri." According to the court, “naukriyan” is simply the plural form of the Hindi word “naukri”, meaning job, and that this variation does not create...
