Delhi High Court Recalls Stay On 'THE BREW BUKHARA' Trademark In ITC Dispute

The Delhi High Court recently recalled an ex-parte stay it had earlier granted to ITC Limited concerning the trademark registration of 'THE BREW BUKHARA'. In contrast to the Court's view just days earlier, Justice Tushar Rao Gedela on 19 February held that since the respondent, Umesh Arora, is the registered proprietor of the disputed mark, an ad interim injunction could be considered only after he has been given an opportunity to file a reply. He held: “...since the respondent no. 1 is...

GST Appellate Tribunal Can Grant Interim Relief, Including Stay On Recovery: Bombay High Court

The Bombay High Court has recently held that the GST Appellate Tribunal possesses inherent and incidental powers to grant interim relief. This includes protection against recovery pending disposal of appeals. The Court said that any interpretation to the contrary would render the appellate remedy “illusory” and defeat legislative intent. A Division Bench of Justices G.S. Kulkarni and Aarti Sathe was hearing a writ petition filed by The Hongkong and Shanghai Banking Corporation Ltd. The bank...

Delhi High Court Upholds Injunction Against Sauss Home's 'Flying Bird' Mark On Detergent, Washing Soap Products

The Delhi High Court has recently upheld an interim injunction restraining Sauss Home Products Private Limited from using a “Flying Bird” device mark in relation to washing soap, washing powder, detergent powder and cake, and cleaning starch. A Division Bench of Justice C. Hari Shankar and Justice Om Prakash Shukla dismissed the company's appeal on February 7, 2026. The court held that the “Flying Bird marks of the appellant and respondent were practically identical in appearance, in shape,...

Calcutta High Court Grants Private Companies Same Excise Fee Exemption As Public Companies For Management Changes

Holding that the State cannot create artificial distinctions between similarly placed licensees in the matter of excise fee exemptions, the Calcutta High Court has ruled that private limited companies are entitled to the same treatment as public limited companies when changes in management occur in the ordinary course of business. The Court made it clear that even though liquor trade is a regulated privilege of the State, the manner in which that privilege — or exemptions attached to it — is...

Jurisdictional Objection Rejected By Arbitrator Cannot Be Challenged Under Article 227: Telengana High Court

The Telangana High Court has recently held that its supervisory jurisdiction under Article 227 of the Constitution cannot be invoked to challenge an arbitral tribunal's rejection of a jurisdictional objection when the Arbitration and Conciliation Act, 1996 provides a specific post-award remedy. Dismissing a writ petition filed by Sagar Asia Private Limited, a Division Bench of Justice Moushumi Bhattacharya and Justice Gadi Praveen Kumar held that the petitioner must await the arbitral award and...

Arbitrators Cannot Grant Pre-Award Or Pendente Lite Interest As Compensation If Contract Bars It: Supreme Court

The Supreme Court on Friday held that an arbitral tribunal cannot award pre-award or pendente lite interest when the contract expressly bars payment of interest, even if such amounts are granted in the guise of compensation. A Bench of Justice Sanjay Karol and Justice Vipul M. Pancholi ruled that “The provisions of the Act of 1996, including provisions contained in Section 31(7)(a) give paramount importance to the contract entered into between the parties and categorically restrict the power...

Kerala High Court Says Writ Maintainable Against SARFAESI Notice Before Recovery Action In Housing Loan Dispute

The Kerala High Court has held that a writ petition filed by the legal heirs of a deceased borrower was maintainable at the stage of a Section 13(2) notice under the SARFAESI Act, since no measures under Section 13(4) had yet been initiated and their challenge also concerned the bank's alleged failure to transfer the insurance premium to the insurer. A Division Bench of Justice Anil K Narendran and Justice Muralee Krishna S was hearing an appeal filed by Prameela Devi and her two daughters, the...

Delhi High Court Orders Removal Of KREOFLAT Trademark Over Similarity To Abbott's PANKREOFLAT

The Delhi High Court has ordered removal of the registered trademark “KREOFLAT” from the Register of Trade Marks after holding it deceptively similar to Abbott Products Operations AG's mark “PANKREOFLAT.” In a judgment delivered on February 26, 2026, Justice Tushar Rao Gedela allowed a rectification petition filed under Section 57 of the Trade Marks Act, 1999. The Court held that in the case of medicinal and pharmaceutical products, the “threshold laid down for deciding deceptive similarity is...

Delhi High Court Quashes 2005 Order Denying Additional Tax Refund Interest To Mitsui Engineering, Cites Sandvik Asia

The Delhi High Court has allowed the writ petition filed by a Japan-based maritime engineering and logistics company, seeking additional interest on a long-pending income tax refund, in light of the Supreme Court's ruling in Sandvik Asia Ltd. v. Commissioner of Income Tax.A Division Bench of Justices Dinesh Mehta and Vinod Kumar set aside a 2005 order passed by the Director of Income Tax (International Taxation), which had rejected the petitioner's application under Section 154 of the Income Tax...

Supreme Court Makes Absolute Interim Protection To Deepak Garg In Rs 1596 Crore SRS Fraud Case

The Supreme Court on Thursday made absolute the interim protection it had earlier granted to Deepak Garg, a Director of SRS Finance Ltd and SRS Shining Ornaments Ltd, during the pendency of his special leave petitions challenging the Punjab and Haryana High Court's refusal of anticipatory bail in the alleged Rs 1,596 crore SRS Group financial fraud case. A Bench of Justices Vikram Nath and Sandeep Mehta said, “Taking into consideration the facts and circumstances of the case and upon hearing...

Delhi High Court Sets Aside ₹5.19 crore Award Against Railways Board After Serving Officer Appointed As Arbitrator

The Delhi High Court has set aside a ₹5.19 crore arbitral award against the Railways Board after the Railways challenged the legality of the sole arbitrator it had appointed. The Court held that appointing a serving railway officer as arbitrator, without an express written waiver by both parties, rendered the award void from the beginning.Allowing a petition under Section 34 of the Arbitration and Conciliation Act, 1996, Justice Avneesh Jhingan held, “The appointment of a serving employee as an...

No Monopoly Over Word 'Forest' Unless It Has Secondary Meaning: Delhi High Court Refuses To Halt Baby Forest

Holding there can be no monopoly over the word “FOREST” without stringent proof that it has acquired a secondary meaning, the Delhi High Court has refused to grant an interim injunction in favour of the luxury Ayurvedic brand Forest Essentials, allowing a newer entrant, Baby Forest, to continue using 'BABY FOREST' and 'BABY FOREST-SOHAM OF AYUVEDA' marks. In a judgment pronounced on February 27, 2026, a Division Bench comprising Justice Navin Chawla and Justice Madhu Jain upheld the Single...