Calcutta High Court
Calcutta High Court Declines To Entertain Arbitral Award Challenge In Disposed Arbitrator Appointment Plea
The Calcutta High Court has dismissed an application seeking to challenge an arbitral award after finding that it was filed in the wrong proceeding. The Court held that once it appoints an arbitrator, it cannot entertain further applications in that case and that any challenge to an award must be filed separately under the Arbitration and Conciliation Act. In this case, the opposite parties approached the High Court after the arbitral award was passed but filed their challenge in the already...
Email Service Of Patent Examination Report Valid, Postal Service Not Mandatory: Calcutta High Court
The Calcutta High Court has upheld the rejection of a patent application on the ground of abandonment, ruling that service of the First Examination Report (FER) through email constitutes valid service under the Patents Act, 1970, and that postal service is not mandatory.In an order passed on January 19, 2026, Justice Ravi Krishan Kapur dismissed a writ petition challenging the abandonment of a patent application titled “Herbal Anti-Venom against Catfish Sting,” holding that the Patents Act and...
Mortgagor's Right Of Redemption Prevails Over Auction Purchaser's Claim Of Title: Calcutta High Court
The Calcutta High Court has reiterated that while an auction purchaser acquires certain rights upon being declared the successful bidder, such rights are not absolute and cannot override the statutory right of redemption available to the mortgagor under law.The court said once the borrower exercises the right of redemption by clearing the dues before the transfer of the secured asset, the auction purchaser cannot claim an indefeasible right over the property.A single bench of Justice Ajay Kumar...
Calcutta High Court Sets Aside GST Demand Over Reliance On Undisclosed Back Portal Data
The Calcutta High Court recently set aside a GST demand raised against a transport company after holding that the tax department relied on undisclosed back-office data.Justice O.M. Narayan Rai held that the tax department relied on “data available in GST B.O. portal”, leaving the petitioner without an effective opportunity to respond. The court focused on the manner in which the demand was raised in this case. It noted that the show-cause notices were founded on figures drawn from the GST...
Court Can Extend Arbitrator's Mandate Even After Its Expiry: Calcutta High Court
The Calcutta High Court has reiterated that an arbitrator's authority does not end automatically on expiry of the time limit prescribed under the Arbitration and Conciliation Act, 1996. The court said that it retains the power to extend an arbitrator's mandate even after expiry of the time fixed and that in this case the parties had consented by their conduct. Applying this settled position, the court extended the mandate of the arbitrator in the case before it and refused to terminate the...
Only Final SFIO Report, Not Interim Report, Can Trigger Prosecution Under Companies Act: Calcutta High Court
The Calcutta High Court has clarified that the central government cannot initiate prosecution under the Companies Act on the basis of an interim report submitted by the Serious Fraud Investigation Office and must wait for the final investigation report after completion of the probe. Justice Krishna Rao made the observation while allowing a writ petition filed by Sunil Kumar Agarwal and quashing a Look Out Circular issued against him during the pendency of an SFIO investigation, noting that...
Calcutta High Court Removes Rival 'TANA TAN' Trademark, Rules Bikaji Foods Is Prior User
The Calcutta High Court has ordered the removal of the trademark “TANA TAN” from the Trade Marks Register. The Court held that the mark was deceptively identical to the long-standing “TANA TAN” trademark owned by snack food manufacturer Bikaji Foods International Limited. It found that the rival registration, secured in the name of Jagaranath Prasad, had been obtained in bad faith. A Single-Judge Bench of Justice Ravi Krishan Kapur passed the order on January 7, 2026, while allowing a...
Bioreactor Invention Involving Human Embryonic Stem Cells Not Patentable: Calcutta High Court
The Calcutta High Court has upheld the Patent Office's refusal to grant a patent to US-based biotechnology company Viacyte Inc., holding that the claimed bioreactor invention was primarily directed at biological material, including human embryonic stem cell-derived aggregates and therefore fell within non-patentable subject matter under the Patents Act, 1970.In a judgment dated January 16, 2026, a Single-Judge Bench of Justice Ravi Krishan Kapur, affirming the decision of the Deputy Controller...
Reference To Arbitration Requires Independent Application, Cannot Be Inferred From Plea To Reject Plaint: Calcutta High Court
The Calcutta High Court recently rejected a Master's summons application filed by M/s Samman Capital Limited, that sought stay of a commercial suit on the grounds of an existing arbitration clause.Master's summons under the Code of Civil Procedure (CPC) refers to a court order (summons) compelling a party to appear, often to provide documents or information relevant to an insolvency proceeding or specific case issues.The Court emphasised that for a dispute to be referred to arbitration, the law...
Reference to Arbitration Requires Independent Application, Cannot be Inferred from Plea to Reject Plaint: Calcutta High Court
The Calcutta High Court recently rejected a Master's summons application filed by M/s Samman Capital Limited, that sought stay of a commercial suit on the grounds of an existing arbitration clause.Master's summons under the Code of Civil Procedure (CPC) refers to a court order (summons) compelling a party to appear, often to provide documents or information relevant to an insolvency proceeding or specific case issues.The Court emphasised that for a dispute to be referred to arbitration, the law...
Cash Not 'Goods' Under GST; Authorities Cannot Seize It Without Evidentiary Link: Calcutta High Court
The Calcutta High Court reiterated that cash does not fall within the definition of “goods” under the Goods and Services Tax (GST) law and, therefore, GST authorities have no power to seize cash unless it is directly relevant to proceedings under the Act.A bench comprising Justice Om Narayan Rai referred to Section 2(52) of the CGST Act, which expressly excludes money from the definition of “goods.” The court observed, "A perusal of the said definition clearly reveals that money stands...
GST Notices And Orders Issued Only In Summary Forms Without Details Are Unsustainable: Calcutta High Court
The Calcutta High Court has quashed a GST adjudication order passed solely through summary online forms, holding that tax liability cannot be imposed without clearly setting out the allegations and reasons as required under law. A single-judge bench of Justice Om Narayan Rai said the manner in which the proceedings were conducted could not be sustained. “The order that has been passed and communicated to the petitioner has remained in summary form. It is bereft of any detail and sans any...