All High Courts
Delhi High Court Cancels Copyright On Bicycle Parts Label For Lack Of Originality
The Delhi High Court has cancelled the copyright registration of a product packaging label used by one Tara Singh for bicycle parts, holding that the sticker was a substantial imitation of Bombay Metal Works Pvt. Ltd.'s label in its layout, colour scheme and arrangement, despite bearing a different trade name. “It is trite law that Copyright protection is granted to an artistic work under the Act, only if the said artistic work satisfies the standard of originality,” Justice Tejas Karia said in...
Bombay High Court Rejects NSEL Plea To Adopt Committee Mechanism To Assess Liability In ₹937 Crore Suit
The Bombay High Court on Monday rejected a notice of motion filed by National Spot Exchange Limited (NSEL) seeking application of a committee mechanism to its recovery suit involving alleged fraudulent and collusive commodity transactions against its former trading member, N.K. Proteins Ltd. and its promoters, directors, and related entities. Holding that the notice of motion was premature and that pleadings must be completed and issues framed before such relief can be considered, Justice Gauri...
NBFCs With Assets Over ₹100 Crore Can Invoke SARFAESI Act: Allahabad High Court
On 24 March, the Allahabad High Court held that non-banking financial companies (NBFCs) with assets of Rs. 100 crore or more qualify as financial institutions under the SARFAESI Act, 2002 and can enforce security interest in secured debts. A Bench comprising Justices Ajit Kumar and Swarupama Chaturvedi referring to the Ministry of Finance notification dated 24 February 2020, observed: “With the plain reading of the notification, it is clear that through the above notification the Central...
Delhi High Court Sets Aside Rs 11.93 Crore Damages In Favour Of ONGC For Lack Of Proof Of Loss
The Delhi High Court has struck down an award of Rs 11.93 crore in additional damages granted to ONGC Limited against UEM India Pvt. Ltd., finding that the arbitral tribunal fixed the amount without any proof of actual loss, without even recording that such loss was incapable of proof, and without explaining how the figure was arrived at. A bench of Justice Avneesh Jhingan held that the award violated the requirement of a reasoned decision under Section 31(3) of the Arbitration and Conciliation...
Delhi High Court Stays Attachment Against M3M On Condition of 50% Payment Of Decretal Amount To Homebuyers
The Delhi High Court has recently stayed the operation of warrants of attachment issued against M3M India Private Limited in execution proceedings tied to a refund order passed by the Delhi State Consumer Disputes Redressal Commission. The relief is conditional. M3M must deposit 50% of the decretal amount within 15 days, failing which the interim protection will automatically stand vacated. “Subject to payment of 50% of the decretal amount by the petitioner to the respondent/decree holder...
Limitation For Plea-Seeking Arbitrator Appointment Begins From Failure Of Opposite Party To Act On Invocation Notice: J&K&L High Court
The High Court of Jammu & Kashmir and Ladakh recently held that an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, which allows a party to approach the court for appointment of an arbitrator when the other side fails or refuses to do so, must be filed within three years from the date of such failure or refusal. The court clarified that the cause of action arises upon such failure or neglect, and once limitation begins to run, it continues without...
Shareholder Has No Proprietary Rights Over Company's Digital Assets: Karnataka High Court
The Karnataka High Court recently refused to quash an FIR registered against the Director of a Bengaluru-based algorithmic trading company for allegedly stealing, copying, and deleting the company's proprietary source code and trading algorithms, holding that a shareholder's stake does not confer any proprietary right over the company's digital assets. The single-judge bench of Justice M. Nagaprasanna held that the issue was not purely civil in nature; the court observed that the allegations...
Illegality Of Search Does Not Make Evidence Gathered Inadmissible In GST Fraud Cases: Karnataka High Court
The High Court of Karnataka at Bengaluru has ruled that the legality of search and seizure proceedings does not, by itself, make the material collected during such proceedings inadmissible for initiating action under Section 74 of the Central Goods and Services Tax Act, 2017, so long as such material is relevant to the issues involved.Section 74 of the CGST Act covers cases of tax not paid, short-paid, erroneously refunded, or Input Tax Credit (ITC) wrongly availed due to fraud, wilful...
Gujarat High Court Grants Bail To Accused In ₹42 Crore GST ITC Fraud Case
The Gujarat High Court has granted regular bail to Keyur Dipakkumar Shah, accused of allegedly availing and passing on fraudulent input tax credit (ITC) of around Rs 42 crore under GST laws, noting that he has no criminal antecedents and faces a maximum sentence of five years. “Without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail,” Justice Nikhil S. Kariel said while...
Gujarat High Court Quashes Reassessment Based On GST Proceedings Set Aside, Finds No Independent Material
The Gujarat High Court has quashed reassessment proceedings initiated against an individual taxpayer, holding that reopening of assessment was uncalled for where it was based on GST proceedings that had already been set aside by the appellate authority and where no independent material existed to indicate escapement of income. “Apart from this, there is no other material which is in possession of the respondent No.1, which could prove that there has been an escapement of income and hence the...
Madras High Court Orders Removal of 'Sugar Pop' Device Mark On Plea By Sugar Cosmetics Brand
The Madras High Court has recently directed the removal of the 'SUGAR POP' device mark from the Register of Trade Marks on a plea by Sugar Brands Pvt. Ltd., holding that it was entered without sufficient cause due to lack of due diligence by the Registrar. Justice Senthilkumar Ramamoorthy, in an order dated March 25, 2026, observed that the Registrar failed to properly search for conflicting marks despite the petitioner's existing registrations, leading to the wrongful entry of the impugned...