Delhi High Court Reiterates Limited Interference In Appeals Against Interim IPR Orders

The Delhi High Court has reiterated that appellate courts must remain highly circumspect before overturning discretionary orders issued by commercial courts in intellectual property matters. The bench comprising Justice C. Hari Shankar and Justice Om Prakash Shukla dismissed an appeal in limine by the owners of the “Golden Eagle” brand against a rival “Golden Kingfisher” product, upholding the decision of the Commercial Court at Tis Hazari to refuse ex parte ad-interim injunction and...

Customs Act | Once SCN States Market Value Of Seized Goods, Burden Lies On Noticee To Disprove It: Delhi High Court

The Delhi High Court has recently held that once the market value of goods seized by the Customs is specified in a show cause notice, the burden lies on the one who recieved notice to disprove the valuation with cogent material, and a mere denial is insufficient to seek interference in appellate proceedings.A division bench of Justices Nitin Wasudeo Sambre and Ajay Digpaul was hearing an importer's appeal challenging concurrent findings of the Customs adjudicating authority and CESTAT,...

Gujarat High Court Quashes Notification Withdrawing Transport and Marketing Assistance Scheme

The Gujarat High Court on 5 February set aside a 2022 Commerce Ministry Notification that withdrew the Transport and Marketing Assistance (TMA) Scheme for certain agricultural products with retrospective effect. A Bench of Justice A.S. Supehia and Justice Pranav Trivedi directed exporters' claims accrued before the cancellation of the Scheme must be processed expeditiously. It held: “All the benefits accruing till the issuance of Notification dated 25.03.2022 shall be extended to the...

Delhi High Court Allows Oswaal Books To Register 'ONE FOR ALL' As Trademark

The Delhi High Court on 10 February cleared the way for Oswaal Books and Learnings Private Ltd. to register “ONE FOR ALL” as their trademark, observing that the phrase is a protectable suggestive mark rather than a merely descriptive slogan. The Division Bench of Justice C. Hari Shankar and Justice Om Prakash Shukla observed: “We find that the applied mark “ONE FOR ALL” does not evoke a connect, in the mind, between the mark and books. The mark has no relation with books and can be used...

Delhi High Court Temporarily Bars Ilaiyaraaja From Licensing Songs Across 134 Films In Copyright Dispute With Saregama

The Delhi High Court has recently issued an ex parte ad interim injunction restraining music composer Ilaiyaraaja from exploiting, using or issuing licences in respect of sound recordings and underlying works from 134 films claimed by Saregama India Limited, holding that the company has made out a prima facie strong case. Justice Tushar Rao Gedela passed the order after noting that assignment agreements and inlay cards placed on record prima facie supported Saregama's claim of exclusive...

Part-Payments Extend Limitation Period, Delhi High Court Revives Federal Bank's Recovery Suit

The Delhi High Court has revived Federal Bank's recovery suit against a borrower, holding that part-payments made by a borrower extend the limitation period and cannot be ignored while computing delay. Setting aside a Commercial Court order that had dismissed the suit as time-barred, a Bench of Justices Anil Kshetarpal and Amit Mahajan said courts must recompute the limitation from the date of the last payment if payments are made within time. “Once part-payments within limitation are admitted...

Delhi High Court Temporarily Restrains Use of 'Dream Freedom' Mark, Protects 'FREEDOM' Oil Brand

The Delhi High Court has temporarily restrained Dream Freedom Herbal Pvt. Ltd. from using the mark “DREAM FREEDOM” for edible oils. The Court said the company continued using the mark despite cancellation of its trademark registration, infringing the registered “FREEDOM” edible oil brand of Gemini Edibles and Fats India Ltd.Presiding over the case, Justice Jyoti Singh observed that Gemini Edibles and Fats India Ltd. (GEF India) had established a prima facie case for an injunction. The court...

Madras High Court Revives 'Modern Kitchens' Trademark Scrapped Over Technicality

The Madras High Court has come to the relief of Mangaluru-based snack food manufacturer Modern Kitchens, reviving its trademark application after the Trade Marks Registrar scrapped it over an unsigned affidavit filed during the COVID-19 lockdown. Justice N. Anand Venkatesh held that the Registrar was not justified in treating the application for the mark “MODERN KITCHENS' Delite in Every Bite” as abandoned under Rule 46(2) of the Trade Mark Rules, 2017. In 2018, ACE Foods filed a trademark...

'Not Unknown to Law': Telangana High Court Upholds Reserve Price Reduction After Repeated Failed SARFAESI Auctions

The Telangana High Court has recently upheld the phased reduction of the reserve price fixed for the auction sale of a mortgaged immovable property under the SARFAESI Act and dismissed writ petitions filed by the borrower. A Division Bench of Justice Moushumi Bhattacharya and Justice Gadi Praveen Kumar affirmed the order of the Debts Recovery Appellate Tribunal and observed that “the process of marking down of the Reserve Price is not unknown to law.” The Bench examined Rule 8(5) of the...

First Appeal Pre-Deposit Sufficient: Jharkhand High Court Permits GSTAT Appeal Without Additional Deposit

The Jharkhand High Court has permitted Ranchi-based manufacturer Ashirwad Food Industries to file an appeal before the GST Appellate Tribunal without making any additional pre-deposit, noting that ₹23.85 lakh had already been deposited at the first appellate stage. A Division Bench of Chief Justice M.S. Sonak and Justice Rajesh Shankar found “substance in the contention” of the petitioner and held: “Considering the deposit of Rs.23.85 lakhs already made at the first appellate stage, we agree...

Madras High Court Orders Adjudication Of GST On Royalty Paid To State, Bars Implementation Till Supreme Court Ruling

The Madras High Court has directed GST authorities to adjudicate a show cause notice proposing to levy GST on seigniorage/royalty fee payable to the Government of Tamil Nadu but ordered that implementation of the assessment order shall remain in abeyance until the Supreme Court decides the issue. Justice C. Saravanan was hearing a petition challenging Show Cause Notice dated September 29, 2025. The notice proposes to levy GST on seigniorage/royalty fee payable to the State. The court noted...

Composite GST Show Cause Notices For Multiple Financial Years Maintainable: Allahabad High Court

The Allahabad High Court has recently held that a composite show cause notice issued under Sections 73 and 74 of the GST Act covering multiple financial years is legally maintainable, rejecting the contention that adjudication proceedings must be confined to a single “tax period” or financial year. A Bench of Justice Saumitra Dayal Singh and Justice Indrajeet Shukla ruled that the statutory scheme expressly permits the Proper Officer to issue statements for periods beyond those mentioned in the...