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...

'Karta' Personally Liable if HUF is Unable to Satisfy Arbitral Award: Bombay HC

The Bombay High Court has declared that a 'Karta' has a personal and unlimited liability for satisfying unpaid arbitral dues of a Hindu Undivided Family (HUF), thereby enabling creditors to proceed against the Karta's private assets without a separate decree.In a major boost for award creditors, the Bench of Justice R.I Chagla has held that the "seat court" retains the jurisdiction to execute an arbitral award and provide interim relief, even if the judgment debtor's assets are situated outside...

Statutory Bar Under Commercial Courts Act Operates As Inherent Subject Matter Limitation In Arbitration: Calcutta High Court

The Calcutta High Court has held that the statutory bar in the Commercial Courts Act operates as an inherent subject-matter bar in arbitration related proceedings and cannot be waived by consent or conduct of the parties, even if no objection is raised before the court of first instance.Justices Sabyasachi Bhattacharyya and Supratim Bhattacharya made the observation on January 13, while deciding an appeal filed by Siddharta Chandra challenging an order passed by the District Judge, Hooghly,...

No Bar On Trademarking Hindu Deity Names If Distinctive: Bombay High Court

The court made the observation while granting interim relief to Siyaram Silk Mills Limited while restraining a Delhi apparel company from using “Siyaram” as part of its trade name.

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...

Andhra Pradesh High Court Upholds 200% VAT Penalty On Trader For Bogus Bill Trading

The Andhra Pradesh High Court has upheld a penalty equal to 200% of the tax imposed on an iron and steel trader for issuing false tax invoices without actual movement of goods to facilitate wrongful availment of input tax credit. A Division Bench of Justice R. Raghunandan Rao and Justice T.C.D. Sekhar dismissed a writ petition challenging a penalty of Rs 50.52 lakh levied under Section 55(2) of the Andhra Pradesh Value Added Tax Act, 2005, for the period from June 2014 to June 2016. The...

Patent Opposition Board Recommendations Are Advisory, Not Binding Decision: Madras High Court

The Madras High Court has refused to step in midway in a patent dispute over a cancer drug, holding that a recommendation made by the Opposition Board during post-grant opposition proceedings is only advisory and does not create anu valid binding rights. Dismissing the writ petition filed by two foreign pharma firms, Justice N. Senthilkumar said the patent holders must place all their objections before the Controller of Patents, who alone takes the final call.The court was hearing a...

Labour Courts Cannot Hear Employee Reinstatement Claims After Resolution Plan Approval: Bombay High Court

Relying on the Supreme Court’s ruling in Electrosteel Steel Limited, the court said that all claims not forming part of an approved resolution plan stand extinguished.

Limitation Act Applies Only To Courts Not Tribunals Unless Statute Expressly Permits It: Supreme Court

The Supreme Court has recently clarified that the Limitation Act applies only to cases filed before courts and cannot be used in proceedings before tribunals or other quasi-judicial bodies unless the statute expressly gives them that power. The ruling was delivered by a bench of Justices J B Pardiwala and R Mahadevan while allowing an appeal filed by The Property Company (P) Ltd., which challenged orders of the Company Law Board and the Calcutta High Court condoning a substantial delay...

Execution Cannot Be Used As Surrogate Forum To Fix New Liability: SC In Plea Against Ansal Crown Directors

According to the court, no new liability can be fixed against directors at the execution stage when they were not parties in the original order.

Karnataka High Court Orders Ad-Interim Attachment of Aakash Shares Beneficially Owned by Byju Raveendran

The court made the ruling in an enforcement plea filed by Qatar Holding LLC seeking enforcement of a SIAC arbitral award.

Delhi High Court Refers 'BRO CODE' Trademark Dispute Between Indospirit and Ravi Mohan's Studio To Mediation

The Delhi High Court on Thursday referred a trademark infringement dispute between Indospirit Beverages Private Limited and actor Ravi Mohan's production house over the use of the title “BRO CODE” for an upcoming Tamil film to mediation before the Delhi High Court Mediation and Conciliation Centre.Justice Tushar Rao Gedela passed the order on January 15, 2026, while hearing the matter arising from Indospirit's suit alleging infringement and passing off of its “BROCODE” trademark through the...