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on the Prudential Framework for Resolution of Stressed Assets, refusing to interfere with the policy decision that repealed multiple earlier restructuring circulars.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...

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...

Bombay HC Flags 'Judicial Chaos,' Urges Uniform Litigation Policy Over Contradictory Stands Taken by Tax Depts

The Bombay High Court has recently flagged a persistent issue of the tax and customs department taking inconsistent stands on the same legal question before different High Courts, warning that such conduct leads to “judicial chaos” and needs correction through a uniform litigation policy. A bench of Justice G. S. Kulkarni and Justice Aarti Sathe held that once a legal issue has reached finality against the department, it cannot be reopened elsewhere by taking a contrary stand. The court...

Bombay High Court Allows Delay Condonation For Charitable Trust IT Filing, Attributes Delay To CA Lapse

The Bombay High Court has set aside an order rejecting a charitable trust's request to excuse a delay in filing Form 10, holding that a lapse on the part of its Chartered Accountant could not be used to deny the trust tax exemption under Section 11 of the Income Tax Act. A Bench of Justice B.P. Colabawalla and Justice Firdosh P. Pooniwalla said, “the Petitioner Trust would suffer grave hardship if the delay is not condoned since the Petitioner Firm would be saddled with a huge tax liability for...

Faridkot Courts, Not Bathinda, Have Jurisdiction In NH-15 Arbitration Dispute: Punjab & Haryana High Court

The Punjab and Haryana High Court has held that courts at Faridkot would have jurisdiction to entertain challenges to arbitral awards arising out of the NH-15 Amritsar–Bathinda project, and not courts at Bathinda, as the arbitral proceedings were conducted and the awards were passed at Faridkot.A coram of Justice Jasgurpreet Singh Puri observed that "Although the present cases pertain to statutory arbitration but it is an admitted fact that the arbitration has been conducted at Faridkot with the...

Delhi High Court Sets Aside Arbitral Award Against Indian Sugar Exim, Says Damages Cannot Be Based On Guesswork

The Delhi High Court has recently set aside an arbitral award passed against Indian Sugar Exim Corporation Ltd., holding that damages under Section 73 of the Indian Contract Act cannot be awarded on mere guesswork in the absence of proof of actual loss. Justice Avneesh Jhingan held that “the law is well settled that for claiming damages under Section 73 of the Contract Act, actual loss or damage suffered is to be proved and only in cases where such proof is not possible, a honest genuine...

Taxpayer Liable Only For Own Investment Share, Not Spouse's Contribution: Delhi High Court

The Delhi High Court on 17 April 2026 held that a taxpayer can only be required to explain his own share of investment and cannot be saddled with tax liability for the contribution of a co-owner, including a spouse, where joint ownership and independent sources of funds are evident. A Division Bench of Justice Dinesh Mehta and Justice Vinod Kumar set aside the assessment order passed under Sections 143(3) read with 144B of the Income Tax Act, 1961, and remanded the matter for reconsideration,...

Correct Appeal Forum Depends On Officer's Actual Rank, Not What An Order Mentions: Gujarat High Court

The Gujarat High Court on 15 April 2026 held that the appellate forum under the Customs Act, 1962 must be determined by the actual rank and statutory authority exercised by the adjudicating officer, and not by any incorrect or clerical mention in the order. A Division Bench comprising Justices A.S. Supehia and Pranav Trivedi dismissed the Department's Tax Appeal and upheld the CESTAT's order, holding that the appeal was correctly filed before the Tribunal under Section 129A of the Customs Act,...

Delhi HC Allows 'GAINDA' Maker To Clear Inventory Despite Injunction In Harpic, Colin Trade Dress Dispute

The Delhi High Court on Tuesday allowed the maker of 'GAINDA' cleaners to exhaust its existing stock despite an injunction over bottle designs similar to Reckitt's Harpic and Colin, holding that the relief was necessary to balance the equities and avoid financial loss and environmental waste. A Division Bench of Justice V. Kameswar Rao and Justice Manmeet Pritam Singh Arora observed, “.We are not persuaded that any undue loss will be caused to the Respondent if Appellant is permitted to exhaust...