Madhya Pradesh High Court Denies Bail To Tobacco Trader Accused Of ₹3.32 Crore Excise Duty Evasion

The Madhya Pradesh High Court at Gwalior has recently refused bail to a tobacco trader accused of evading around ₹3.32 crore in central excise duty by allegedly concealing tobacco packing machines and illegally manufacturing tobacco products. Justice Rajesh Kumar Gupta observed that the trader's claim that one of the two machines found during the search was non-functional could not, at this stage, weaken the prosecution case. “Mere oral assertion during search proceedings that the machine was...

Supreme Court Orders No Coercive Steps In Plea Seeking Bar On NI Act Proceedings During Personal Insolvency

Another plea has been filed in the Supreme Court seeking a declaration that proceedings under the Negotiable Instruments Act and the Payment and Settlement Systems Act cannot continue against personal guarantors once the interim moratorium under the Insolvency and Bankruptcy Code is triggered.The plea has been filed by Karan Bhatia, suspended director of Uttam Cylinders Pvt Ltd and a personal guarantor for the company's loans. A Bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and...

Delhi High Court Stays MCA Penalty Orders Against Microsoft CEO Satya Nadella, LinkedIn

The Delhi High Court recently stayed orders imposing penalties on Microsoft CEO Satya Nadella, LinkedIn chief executive Ryan Roslansky, LinkedIn Technology Information Pvt. Ltd., and several of its current and former directors over alleged violations of significant beneficial ownership disclosure norms under company law. A Bench of Justice Anish Dayal issued notice in the matter and stayed the impugned orders till the next date of hearing. “Having appreciated the submissions advanced on behalf...

Byju's Insolvency: Kerala High Court Strikes Off Voizzit Suit Over US Assets

The Kerala High Court on Thursday struck off a suit by Voizzit entities claiming rights over assets of BYJU'S US subsidiaries, holding that the proceedings were barred by the insolvency moratorium against BYJU'S parent Think & Learn Pvt. Ltd. Justice Easwaran S. passed the order on a petition filed by Claudia Z. Springer, the Chapter 11 Trustee appointed by the United States Bankruptcy Court for the District of Delaware in bankruptcy proceedings concerning BYJU'S US subsidiaries,...

Arbitration Is Founded On Party Autonomy; Tribunal Bound By Contract: Delhi High Court

The Delhi High Court has set aside a Single Judge order that upheld an arbitral award directing MMTC to release ₹2.21 crore to Knowledge Infrastructure, holding that the arbitral tribunal ignored the express terms of the parties' contract A Division Bench of Justice Anil Kshetrapal and Justice Amit Mahajan ruled, “The Tripartite Agreement does not stipulate that the Appellant must first discharge liabilities attributable to Respondent No.1 and thereafter seek reimbursement through a separate...

Delhi High Court Rejects Neurocentria Plea To Alter Priority Date To Overcome Missed Patent Deadlines

The Delhi High Court on 18 May dismissed the appeal filed by US-based pharmaceutical company Neurocentria Inc and upheld the October 2024 order of the Deputy Controller of Patents treating the Indian patent application as deemed withdrawn. Justice Jyoti Singh held that a patent applicant cannot seek to retrospectively disclaim its earliest priority date through a belated amendment in order to bypass mandatory statutory timelines under the Patents Act, 1970, including deadlines for national...

Extension Of Arbitral Mandate Requires Sufficient Cause, Wife's Illness Not Enough: Himachal Pradesh HC

The Himachal Pradesh High Court on 20 May held that an application under Section 29A of the Arbitration and Conciliation Act, 1996 seeking extension of time is maintainable even after expiry of the arbitral mandate, but such extension can be granted only on proof of “sufficient cause”, consistent with the legislative objective of expeditious arbitral resolution. A Bench of Justice Virender Singh dismissed a plea filed by landowner Rajender Kumar seeking extension of time to complete arbitral...

Container Freight Station Cannot Operate Without Customs Supervision: Calcutta High Court

On 15 May, the Calcutta High Court upheld cost recovery charges imposed on a Container Freight Station at Haldia and rejected a challenge to demand notices issued by Customs authorities, holding that such facilities cannot function outside the framework of statutory supervision and regulatory control. The Bench of Justice Rai Chattopadhyay dismissed the plea filed by Apeejay Infra Logistics Pvt. Ltd. and observed that a Container Freight Station cannot function without supervision, examination,...

Madhya Pradesh High Court Holds MPIR Execution Not Barred by Limitation, Reads Down Rule 48-A

The Jabalpur Bench of the Madhya Pradesh High Court on 21 April held that execution proceedings under the Madhya Pradesh Industrial Relations Act, 1960 (MPIR Act) are not barred by limitation even when initiated after more than a decade of the award. Justice Vivek Jain further read down Rule 48-A of the Madhya Pradesh Industrial Relations Rules, 1961, holding that it cannot override Section 108 of the Act by prescribing a limitation period for execution and dismissed a petition filed by the...

Delhi High Court Upholds ₹25,000 Nominal Damages In IOCL Dispute, Rules Price Difference Not Proof Of Loss

The Delhi High Court on 22 April upheld an arbitral award arising from a supply contract between Indian Oil Corporation Limited (IOCL) and Hazel Mercantile Ltd, where the arbitrator had granted nominal damages of Rs. 25,000. Justice Avneesh Jhingan held that a mere price difference does not, by itself, establish proof of loss and declined to interfere under Section 34 of the Arbitration and Conciliation Act. He observed: “The quantification of the nominal damages is a discretion exercised by...

Is ChatGPT An Intermediary Under IT Act? Calcutta High Court Prima Facie Says No

The Calcutta High Court has, in a case examining how generative AI platforms fit within the Information Technology Act, prima facie held that ChatGPT ought to be treated as an “originator” rather than an “intermediary.” The observations came in IndiaMart InterMesh Ltd's suit against OpenAI, where the classification of ChatGPT became central after the B2B platform argued that the AI tool was omitting links to IndiaMart in response to certain user queries while allegedly providing links for rival...

Delay In Challenging Arbitral Award Not Condoned When Party Lacks Due Diligence: Calcutta High Court

The Calcutta High Court on 20 May held that a party cannot invoke Section 14 of the Limitation Act, 1963 to save a delayed challenge to an arbitral award after pursuing proceedings before the wrong forum without due diligence and bona fide conduct. A Division Bench of Justices Debangsu Basak and Md. Shabbar Rashidi also held that once the High Court entertains an application under Section 29A of the Arbitration and Conciliation Act, 1996, exclusive jurisdiction thereafter vests in it for all...