Supreme Court & High Courts
Bombay High Court Sets Aside Order Striking Off Written Statements In Tata Steel Stockyard Licence Fee Dispute
On 28 April, the Bombay High Court set aside a Commercial Court order that had struck off the written statements filed by I K Marine Agencies Pvt Ltd and Gateway Distriparks Ltd in a dispute with Tata Steel concerning recovery of licence fees and related charges for use of a stockyard at Kalamboli, Navi Mumbai. A Single Judge Bench of Justice N.J. Jamadar held that Commercial Courts must adopt a nuanced approach while considering condonation of delay between 30 and 120 days for filing written...
No Immediate Challenge To Arbitrator's Rejection Of Jurisdiction Plea; Must Wait For Final Award: Supreme Court
The Supreme Court has recently held that when a claim is challenged as time-barred to question an arbitrator's jurisdiction, and the arbitrator rejects that objection, the party cannot challenge it midway and must wait until the final award. A Division Bench of Justices Sanjay Kumar and K. Vinod Chandran observed that "In that situation, there is no option for the party aggrieved by the decision of the arbitrator upon the application filed under Section 16 except to wait till the conclusion of...
Karnataka High Court Upholds DICGC's Priority Right To Recover Depositor Payouts From Insured Banks
The Karnataka High Court has upheld the law allowing the Deposit Insurance and Credit Guarantee Corporation (DICGC) to recover amounts paid to depositors directly from a failed bank, with priority over other liabilities, ruling that the premium charged need not be proportionate to the insured amount. A Division Bench of Chief Justice Vibhu Bakhru and Justice C.M. Poonacha dismissed a writ appeal filed by a depositors' society (Sangha) arising from the collapse of Sri Guru Raghavendra Sahakara...
Bombay High Court Allows GST Refund For Pre-July 5, 2022 Claims Under Revised Inverted Duty Formula
The Bombay High Court has granted a GST refund to a Joint Venture, which is executing Mumbai Metro works, holding that the revised refund formula for inverted tax structure applies even to claims filed before July 5, 2022, when the amended formula came into force. “The Petitioner will be entitled to the refund as per Section 54(3) of the CGST Act being the difference in the GST rates, due to inverted rate structure.”, the court held.Quashing rejection orders passed by GST authorities, a...
Delhi High Court Says 100% Shareholding Not Enough To Tax Shareholders For Company's Income
The Delhi High Court has held that shareholders, even if holding all the shares of a company, are only owners of the shares and not of the company's assets, and therefore the company's income cannot be taxed in their hands. “Legally speaking, the respondents being shareholders of the company, even if holding all the shares (100%), are only owners of the shares of the company and not the owners of the property as such and similarly the income which that company has earned cannot ipso-facto be...
Delhi High Court Declines GST Refund Challenge In Writ, Says Appeal Lies Before GSTAT
The Delhi High Court has declined to entertain a writ petition challenging rejection of GST refund claims, holding that the petitioner must avail the statutory remedy of appeal before the Goods and Services Tax Appellate Tribunal (GSTAT).A division bench of Justices Nitin Wasudeo Sambre and Ajay Digpaul was dealing with a plea filed by Mahanadi Exporttek Private Limited assailing an appellate order that had upheld rejection of its refund claims aggregating over Rs. 4 crore under Section 54 of...
Every Content Can't Be Disparaging: Delhi High Court Remarks In Arjun Kapoor's Personality Suit
Actor Arjun Kapoor has moved the Delhi High Court alleging widespread unauthorised commercial use of his likeness and circulation of “sexually explicit” deepfake content, with the court cautioning against overbroad restrictions that could stifle satire. Hearing the matter, Justice Tushar Rao Gedela flagged the need to balance personality rights with free expression, observing: “A person who is in the public glare, a lot of things happen… We can understand certain things which will be...
Delhi High Court Dismisses Pleas Against Customs SCNs On AIFTA Benefits For Copper Imports
The Delhi High Court has dismissed as premature petitions challenging show cause notices denying duty benefits under the ASEAN-India Free Trade Agreement on copper imports from Vietnam for allegedly failing the 35% value addition requirement. A Division Bench of Justices V. Kameswar Rao and Vinod Kumar held that the petitions were not maintainable at this stage, noting that the challenge was to show cause notices which initiate adjudicatory proceedings and do not conclusively determine rights ...
Export Benefits Cannot Be Denied To Holoflex For Missing Bill Of Export if Supply Is Proven: Delhi High Court
The Delhi High Court has recently held that export incentives under the Export Promotion Capital Goods (EPCG) Scheme cannot be denied solely on the ground that the exporter failed to furnish a Bill of Export (BOE), where there is otherwise sufficient evidence of supply of goods and receipt of payment.A Division Bench of Justices C. Hari Shankar and Om Prakash Shukla made the observation while dismissing a review petition filed by the Union of India challenging an earlier judgment granting EPCG...
OYO Moves Supreme Court Against Gujarat HC Ruling On Arbitral Award Execution In Dispute with Meridian Hotels
OYO Hotels and Homes Pvt Ltd has approached the Supreme Court challenging a Gujarat High Court ruling that declined to interfere with execution proceedings enforcing an arbitral award in favour of Meridian Hotels Pvt Ltd in a dispute arising out of a hotel management agreement. The matter is likely to be heard on May 11 by a bench of Justices P.S. Narasimha and Alok Aradhe. The ruling under challenge was delivered on February 19, 2026. The dispute stems from a 2018 Management Services...
Madhya Pradesh High Court Sets Aside ₹7.01 Crore GST Demand, Says Officer Lacked Proper Authorisation
The Madhya Pradesh High Court recently held that a GST demand of Rs. 7.01 crore could not be sustained as it was passed by the Assistant Commissioner of State Tax, Anti-Evasion Bureau, Indore, who lacked jurisdiction in the absence of a GST Council-backed authorisation. A bench of Justice Vijay Kumar Shukla and Justice Alok Awasthi set aside the order passed against a firm, Subhash Chandra Narendra Kumar Nahar. “The impugned order dated 30.12.2025 passed by the respondent No.4 is quashed,...
Bombay High Court Removes 'PAXIL' Mark From Trade Marks Register Over 20 Years Of Non-Use
The Bombay High Court recently ordered the removal of the trademark 'PAXIL' from the Register of Trade Marks, holding that its proprietor, Shreya Life Sciences Private Limited, had held on to the mark without using it for nearly twenty years. Justice Arif S. Doctor observed that internal business decisions such as “expansion of business” cannot be used as a valid excuse for not using a trademark for long periods. “Respondent No. 1 has, after obtaining the impugned registration, simply...












