Non-Borrower Tenants Need Not Make Pre-Deposit Before Filing Appeal Before DRAT: Karnataka High Court

The Karnataka High Court has held that a tenant or other non-borrower cannot be compelled to make a pre-deposit to maintain an appeal against a Debt Recovery Tribunal order under the SARFAESI Act. It held that the requirement applies only to borrowers. A Division Bench of Justice Suraj Govindaraj and Justice K Manmadha Rao said the statute draws a clear distinction between borrowers and non-borrowers in prescribing conditions for appeal. “Once the appellant is admittedly not a borrower within...

Himachal Pradesh HC Quashes GST Show Cause Notice, Says Department Bound By Unchallenged Advance Ruling

The High Court of Himachal Pradesh has quashed a GST show cause notice issued to Amit Engineers after finding that the notice was issued despite an earlier Advance Ruling that had attained finality between the parties. A bench of Justice Vivek Singh Thakur and Justice Ranjan Sharma observed: “in view of the finality attached to the Advance Ruling between the parties, the show cause notice dated 14.02.2025 (Annexure P-6) was without foundation. In view of the finality of the advance ruling...

Supreme Court Sets Aside NCLAT Order Upholding CCI's ₹202 Crore Penalty On Amazon In Future Coupons Deal

The Supreme Court on Wednesday allowed Amazon's appeal, setting aside the CCI's ₹202 crore penalty and suspension of approval for its 2019 Future Coupons investment, along with the NCLAT order that upheld it.A Bench comprising Justices Vikram Nath and Sandeep Mehta ultimately held that both the CCI's December 17, 2021 order and the June 13, 2022 judgment of the NCLAT could not be sustained. “In view of the findings recorded above, the appeal is allowed. The impugned judgment dated 13 June 2022...

Delhi High Court Upholds ₹1.22 Crore Award Against Delhi Tourism & Transportation Development Corporation

The Delhi High Court on 21 April dismissed Delhi Tourism & Transportation Development Corporation's challenge to a majority arbitral award in favour of contractor Gammon India Ltd in a dispute over escalation payments under a construction contract for a bridge project over the Yamuna river. Justice Harish Vaidyanathan Shankar held that the arbitral tribunal's interpretation of the contract was a plausible one and did not warrant interference. DTTDC had entered into the contract with Gammon...

Power To Correct Clerical Errors In Arbitral Awards Can't Be Used To Substantially Modify Them: Supreme Court

The Supreme Court on Tuesday reiterated that the limited power to correct clerical, computational, or typographical errors in an arbitral award cannot be used to substantially modify it by replacing simple interest with compound interest. Setting aside Gujarat High Court and Commercial Court orders, the Court held that Saryu Plastics Pvt. Ltd. was entitled only to simple interest at 21.675% during the pendency of arbitration, reversing a modification that had increased Gujarat Water Supply and...

Office-Bearers Can Face NI Act Prosecution If Complaint Shows Their Role In Transaction: Supreme Court

The Supreme Court on Tuesday held that criminal liability for cheque dishonour cannot be fastened on a person merely because they hold an office in a society, while making it clear that proceedings cannot be quashed at the threshold where the complaint discloses sufficient factual material linking them to the underlying transaction. A Bench of Justice Prashant Kumar Mishra and Justice N.V. Anjaria partly allowed an appeal filed by Mansi Finance (Chennai) Ltd against a Madras High Court order...

Supreme Court To Examine If It Can Invoke Article 142 To Enable Arbitral-Style Dispute Resolution Where Existing Remedies Fail

The Supreme Court on Tuesday issued notice on applications filed by an intervenor raising the question of whether, in exceptional cases involving complex disputes where existing remedies are incapable of producing effective and expeditious resolution, the top court can create a court-supervised dispute resolution mechanism with arbitral characteristics. The question particularly concerns matters involving State instrumentalities. A Bench of Justices Prashant Kumar Mishra and N V Anjaria issued...

Denial Of Compensation Under A Particular Head Under NH Act Can Be Arbitrated: Rajasthan High Court

The Rajasthan High Court has held that the expression “amount determined” under the National Highways Act includes even cases where compensation is completely denied under a particular head, allowing landowners to challenge such decisions before an arbitrator. Justice Sanjeet Purohit ruled, “The expression 'amount determined' cannot be confined to the narrower meaning of 'amount quantified.' Determination is a process whereby a claim is examined in light of the material available on record and...

Supreme Court Refuses To Interfere With HC Ruling Allowing JSW Steel's Rs 47.47 Crore Electricity Duty Refund

The Supreme Court on Tuesday refused to interfere with a Bombay High Court ruling directing Maharashtra authorities to refund Rs 47.47 crore in electricity duty to JSW Steel, upholding the company's claim to exemption till August 2019 under the State's incentive scheme. A Bench of Justices B.V. Nagarathna and Ujjal Bhuyan dismissed the State of Maharashtra's special leave petitions challenging the April 2 judgment. “We have heard learned senior counsel for the petitioners and learned senior...

Delhi High Court Refuses Interim Relief To Vajiram & Ravi, Slams It For Delaying Main Trademark Suit

The Delhi High Court has refused to grant interim relief to civil services coaching institute Vajiram & Ravi in its trademark dispute with rival Vajirao & Reddy, while warning that the suit could face dismissal if the plaintiff fails to prosecute the trial. A division bench of Justice V. Kameswar Rao and Justice Manmeet Pritam Singh Arora passed the judgment on Tuesday while dismissing Vajiram & Ravi's appeal against a September 2023 single judge order refusing an interim...

Kerala HC Upholds ED Summons In Probe Linked To Payments To Ex-Kerala Chief Minister's Daughter's Company

The Kerala High Court has declined to interfere with summons issued by the Enforcement Directorate to officials of Cochin Minerals and Rutile Limited in a money laundering investigation linked to payments allegedly made to Veena Vijayan, daughter of former Kerala Chief Minister Pinarayi Vijayan, and her company, Exalogic Solutions Pvt Ltd. Justice T.R. Ravi dismissed a petition filed by Cochin Minerals and its officers challenging an Enforcement Case Information Report (ECIR) registered by the...

Can Personality Rights Be Protected After Death? Meta Raises Query In Delhi HC Over Sadgurudev Babji's Personality Rights

Meta, on Tuesday, questioned before the Delhi High Court whether personality rights can be asserted for a deceased person, during the hearing of a suit by the Shree Swaminarayan Sarvopari Siddhant Digvijay Trust against a breakaway faction allegedly using the likeness and personality of its founder, Sadguru Shri Devnandandasji Swami, popularly known as Babji. During the hearing before Justice Tushar Rao Gedela, counsel for Meta, while addressing the reliefs sought against intermediary...