Bombay High Court Sets Aside Arbitral Award Against Investors, Says Participation In Regulatory Proceedings Is Not “Forum Shopping”

The Bombay High Court recently set aside an arbitral decision that had rejected investors' claims against Central Depository Services (India) Limited (CDSL), on the grounds of alleged forum shopping, by declaring that involvement in regulatory proceedings does not bar independent arbitration remedies. Allowing a petition under Section 34 of the Arbitration and Conciliation Act, 1996, Justice Sandeep V. Marne on 23rd December, 2025 concluded that the arbitral panel had "egregiously erred" by...

Calcutta High Court Annual Tax Digest 2025

Direct TaxAO Duty Bound To Dispose Of Assessee's Written Objections To Proposed Re-Assessment By Passing Speaking Order: Calcutta High CourtCase title: Principal Commissioner Of Income Tax 13 Kolkata Vs Champalal OmprakashCase no.: ITAT/5/2025The Calcutta High Court recently upheld an ITAT order deleting the addition of over ₹4 crore made to the income of an assessee under the Income Tax Act, 1961 in reassessment action.A division bench of Chief Justice TS Sivagnanam and Justice Bivas Pattanayak...

Delhi High Court Revives Inventor's Patent Application For Mechanical Folding Device

The Delhi High Court has set aside a Patent Office order refusing a patent application filed by inventor Resham Priyadarshini for an invention titled “A Device For Folding Or Bending An Article”. The court held that the rejection was based on an incomplete reading of the application and remanded the matter for fresh consideration.In a judgment dated December 24, 2025, a single-judge Bench of Justice Manmeet Pritam Singh Arora held that the Patent Office wrongly concluded that the claims were...

Domestic Award Pertaining To International Commercial Arbitration Enforceable By HC U/S 36 Of Arbitration Act: Allahabad High Court

The Allahabad High Court has held that a domestic award pertaining to an international commercial arbitration is enforceable by High Court, which has the jurisdiction, under Section 36 of Arbitration and Conciliation Act, 1996.The bench of Justice Rajan Roy and Justice Rajeev Bharti held that“.. it is the High Court which is the 'Court' for filing an application under Section 36 of the Arbitration and Conciliation Act, 1996 for enforcement of a domestic award pertaining to an international...

Ignorance Of Indian Tax Law Not 'Genuine Hardship' To Condone Delay In Filing ITR: Delhi High Court Rejects Canadian Citizen's Plea

The Delhi High Court has held that ignorance of Indian tax laws doesn't constitute “genuine hardship” to condone delay in filing an Income Tax Return (ITR) under Section 119(2)(b) of the Income Tax Act, 1961.A division bench of Justices V. Kameswar Rao and Vinod Kumar thus rejected the plea of a Canadian citizen seeking such relief on ground of being unaware of Indian tax requirements and facing difficulties due to COVID-19 pandemic.For context, Petitioner had earned income taxable in India but...

Delhi High Court Passes John Doe Order Protecting Personality Rights Of Actor NTR Junior

The Delhi High Court has passed a john doe order protecting the personality rights of actor Nandamuri Taraka Rama Rao, popularly known as NTR Junior.Justice Manmeet Pritam Singh Arora observed that Rao is a well-known face in India who has gained immense goodwill and reputation over a course of a successful career and has acquired a celebrity status. “Therefore, prima facie, the Plaintiff's personality traits and/or parts thereof, including the Plaintiff's name, likeness, and image are...

20% Pre-Deposit Not Mandatory For Stay Of Demand, AO Must Exercise Discretion U/S 220(6) Income Tax Act: Delhi High Court

The Delhi High Court has reiterated that deposit of 20% of the disputed tax demand is not mandatory for grant of stay, and that the Assessing Officer (AO) must independently exercise discretion under Section 220(6) of the Income Tax Act, 1961.A division bench of Justices V. Kameswar Rao and Vinod Kumar relied on National Association of Software and Services Companies (NASSCOM) v. Deputy Commissioner of Income-tax (Exemption)Circle 2 (1), Delhi And Ors (2024) where it was held that 20%...

Sole Arbitrator Returning Finding Based On Presumption, Modifying Agreement Vitiates Award: Allahabad High Court

The Allahabad High Court has held that finding returned by a Sole Arbitrator based on presumption and which has the effect of modifying the agreement, vitiates the arbitral award.The bench of Chief Justice Arun Bhansali and Justice Jaspreet Singh held “The Sole Arbitrator by returning a finding which is not based on any evidence and material on record and merely is based on presumption coupled with the fact that it has the effect of modifying the terms of the agreement and also amounts to...

Pendency Of Conciliation Proceedings Under MSME Act Does Not Bar Interim Relief U/S 9 Of A&C Act To Preserve Subject Matter: Calcutta HC

The Calcutta High Court has held that pendency of conciliation proceedings does not bar the grant of limited interim relief under section 9 of the Arbitration and Conciliation Act, 1996 ("Arbitration Act"), where such relief is essential to preserve the subject matter of the dispute. Justice Gaurang Kanth held while allowing a Section 9 application filed by Rishi Chemical Works Pvt. Ltd. (“Petitioner”), appointing a Special Officer to inspect, measure, and document the existing status...

GST | Failure To Prove Dispatch Of Hearing Notice Doesn't Automatically Mean No Personal Hearing Was Given: Delhi High Court

The Delhi High Court has held that merely because the tax department is unable to place on record proof of dispatch of a personal hearing notice such as entries in a dispatch register, speed post receipts, or email records— it does not automatically follow that no opportunity of personal hearing was granted.A division bench of Justices Prathiba M. Singh and Shail Jain refused to entertain a writ petition challenging GST orders passed in a case involving allegations of fraudulent availment of...

Delhi High Court Stops Fake Job Recruitment In Akasa Air's Name, Orders Blocking Of Domains

The Delhi High Court has temporarily restrained several individuals and unknown persons from using the marks “AKASA,” “AKASA AIR,” and related trademarks to run alleged fake recruitment activities linked to Akasa Air, after finding a prima facie case of impersonation.Justice Manmeet Pritam Singh Arora passed the interim order on December 22, 2025, while hearing a trademark infringement suit filed by SNV Aviation Private Limited, the operator of Akasa Air. The ourt also directed the suspension of...

BNSS Procedures Mandatory For GST Arrests Despite Revenue Nature Of Investigation: Gauhati High Court

The Gauhati High Court held that even though GST investigations are revenue in nature, arrests made by GST officers must strictly comply with the mandatory procedural safeguards prescribed under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Justice Pranjal Das opined that even with regard to arrest by revenue authorities under GST, the procedural compliance under Sections 35/47/48 B.N.S.S. are essential, failing which, the arrest may become bad in law. In the case at hand,...