Only Express Waiver Can Cure Arbitrator Ineligibility, Not Conduct Or Panel Appointment: Delhi High Court

On 13 April, the Delhi High Court held that an arbitral award is vitiated where the sole arbitrator is ineligible under Section 12(5) of the Arbitration and Conciliation Act, 1996, and clarified that such ineligibility cannot be cured by implied consent, procedural participation, or panel-based appointments unless there is an express written waiver after disputes arise. A Division Bench of Justices C. Hari Shankar and Om Prakash Shukla dismissed the appeals filed by Titagarh Rail Systems...

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,...

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...

Delhi High Court Temporarily Restrains 'POSITIVE MIND' Mark, Directs Meesho, Meta To Remove Listings

The Delhi High Court has recently restrained the use of the mark “POSITIVE MIND” for sexual wellness products such as delay sprays and lubricants, and directed intermediaries including Meesho and Meta to remove listings and disable accounts, after finding a prima facie case of infringement and passing off.A single-judge Bench of Justice Jyoti Singh granted an ex parte ad interim injunction in favour of PstGems Pvt. Ltd., observing, “Prima facie Defendant No.1 is not only infringing the...

Delhi High Court Sets Aside GST Demand Order Despite Delay In Filing Writ, Cites Denial Of Hearing

The Delhi High Court has recently set aside a GST demand order after finding that the taxpayer was not given an opportunity of hearing, even though the writ petition was filed belatedlyA bench of Justices Nitin Wasudeo Sambre and Ajay Digpaul set aside a GST demand order passed under Section 73 of the Delhi Goods and Services Tax Act, 2017, while imposing costs and granting conditional relief to the petitioner.Petitioner had challenged an Order-in-Original confirming a tax demand of over Rs. 20...

Delhi HC Sets Aside GST Demand Order, Says Reminder Cannot Validate Unserved SCN

The Delhi High Court has recently set aside a GST demand order after finding that the show cause notice (SCN) was not effectively served on the assessee, holding that a reminder issued in respect of such an SCN cannot be treated as a valid communication.A bench of Justices Nitin Wasudeo Sambre and Ajay Digpaul thus set aside a GST demand order after finding that the SCN had not been properly communicated to the petitioner.Petitioner challenged the demand order issued under Section 73 of the...

Delhi HC Refuses To Order Third Re-Test Of Shawls For Export, Says Decision Lies With Adjudicating Authority

The Delhi High Court has recently declined to direct a third re-test of goods under Customs proceedings, holding that such a request cannot be insisted upon at the mere instance of a party and that the decision lies within the discretion of the adjudicating authority, particularly where two test reports are already on record.A bench of Justices Nitin Wasudeo Sambre and Ajay Digpaul dismissed a writ petition filed by an exporter seeking the quashing of a show cause notice and a direction for...

Delhi HC Dismisses Plea Against Customs Order, Says Non-Communication Of Adjudication Time Extension Not Fatal

The Delhi High Court on Tuesday dismissed writ petitions challenging adjudication proceedings under the Customs Act, holding that non-communication of an order extending time for adjudication does not, by itself, vitiate the proceedings.A bench of Justices Nitin Wasudeo Sambre and Ajay Digpaul relied on Pranij Heights India Pvt. Ltd. v. The Joint Commissioner of Customs where it was held that although as a matter of prudence the Customs Department ought to intimate the grant of extension to the...

Delhi High Court Temporarily Restrains Leela Entertainment From Using 'THE LEELA' Mark

The Delhi High Court has temporarily restrained Leela Entertainment Pvt. Ltd. from using “THE LEELA”, a popular hospitality mark, till the next hearing, holding that it prima facie amounts to infringement of Schloss HMA Pvt. Ltd.'s trademark and passing off of its goodwill.A bench of Justice Jyoti Singh observed, “Plaintiff has built an immense reputation for itself in the hospitality industry and adoption of identical/deceptively similar marks for identical services by the Defendant is a...

Section 101 IBC Moratorium Temporary, Creditors Free To Recover After Expiry: Delhi High Court

The Delhi High Court on 13 April held that the moratorium under Section 101 of the Insolvency and Bankruptcy Code, 2016 (IBC) in personal insolvency is temporary and time-bound, and once it ceases, creditors regain the right to pursue recovery and execution proceedings. Justice Harish Vaidyanathan Shankar made this observation while allowing continuation of execution proceedings in Vistra ITCL (India) Ltd. v. Pranav Ansal & Anr., where the decree holder sought to recover an arbitral award...

CESTAT Allows CENVAT Credit On Insurance, Forex Hedging, Employee Training For National Engineering Industries

The Customs, Excise & Service Tax Appellate Tribunal (CESTAT), New Delhi, has allowed the appeal filed by National Engineering Industries Ltd., setting aside the denial of CENVAT credit on insurance services, forex hedging consultancy, and employee training and travel-related services, holding that these were used in relation to its manufacturing business.The case was decided by Judicial Member Dr. Rachna Gupta, who found that the services in question were connected, directly or indirectly,...

No Damages Without Proof Of Loss: Delhi High Court Partly Sets Aside Arbitral Award Against DJB

The Delhi High Court on Monday partly set aside an arbitral award in favour of a contractor against the Delhi Jal Board (DJB), holding that damages cannot be granted on the basis of projected turnover without proof of actual loss. Justice Avneesh Jhingan held that "the award of damages in absence of evidence on record of actual loss suffered or a finding recorded that the loss suffered cannot be proved is in violation of Sections 73 and 74 of the Contract Act and against public policy. The...