No Damages Without Proof Of Loss: Delhi High Court Partly Sets Aside Arbitral Award Against DJB

The Delhi High Court on Monday partly set aside an arbitral award in favour of a contractor against the Delhi Jal Board (DJB), holding that damages cannot be granted on the basis of projected turnover without proof of actual loss. Justice Avneesh Jhingan held that "the award of damages in absence of evidence on record of actual loss suffered or a finding recorded that the loss suffered cannot be proved is in violation of Sections 73 and 74 of the Contract Act and against public policy. The...

Bombay High Court Sets Aside Unreasoned Rejection Of Boiler Alloy Patent By Patent Office On DAE Direction

The Bombay High Court has set aside the rejection of a patent application for an industrial alloy used in high-temperature boiler systems, holding that the refusal based on the Department of Atomic Energy's direction cannot stand without reasons. The court said the absence of reasons prevents the applicant from understanding the basis of rejection and from taking steps under the law. A division bench of Justices Bharati Dangre and Manjusha Deshpande was hearing a petition filed by Huntington...

Madras High Court Rejects Challenge To 'GANESHA' Trademark, Allows Coexistence Of Similar Marks

The Madras High Court has recently dismissed an appeal by Ganesh Consumer Products Ltd. against the registration of the “GANESHA” trademark in favour of Shankar Industries, holding that similar marks can coexist in limited situations, including where territorial restrictions reduce the likelihood of conflict. Justice Senthilkumar Ramamoorthy upheld the September 11, 2024, order of the Registrar of Trade Marks, which granted registration of device mark No. 1831646 in Class 30 to Shankar...

Calcutta High Court Upholds CEO West Bengal Show Cause Notice In 2024 Lok Sabha Poll Webcasting Contract Dispute

The Calcutta High Court has refused to interfere with a show-cause notice issued to Pho Com Net Pvt Ltd in connection with a Rs. 25.9 crore contract for providing webcasting and live monitoring services during the 2024 Lok Sabha elections, holding that the dispute raised involves contested factual issues not suited for adjudication in writ jurisdiction. Upholding a Single Judge's decision to dismiss the company's writ petition, a Division Bench of Justices Arijit Banerjee and Apurba Sinha Ray...

Hypothecation Agreements Attract Stamp Duty As General Agreements, Not Pledge Or Mortgage: Kerala High Court

The Kerala High Court has held that a hypothecation agreement executed to secure a loan attracts stamp duty as a general agreement under Article 5(g) of the Kerala Stamp Act and not as a pledge or mortgage, which attracts higher duty. Clarifying the position, the court said Article 6 of the Act applies only to pledges. “Article 6 of the Act will get attracted only if the instrument in question is a 'pledge'. On a conspectus reading of the agreement of hypothecation, it is evident that the...

Legal Representatives Have Right To Challenge Arbitral Awards That Bind Them: Supreme Court

The Supreme Court on Monday held that if an arbitral award can be enforced against the legal representatives of a deceased party, they must also have the right to challenge it under the law, holding that such representatives “step into the shoes” of the deceased for the purposes of arbitral proceedings. A bench of Justices Sanjay Karol and Vipul M. Pancholi observed that the Arbitration and Conciliation Act is a self-contained code and emphasises continuity of arbitral proceedings, particularly...

Calcutta HC Grants Summary Judgment In Commercial Suit After Defendants Forfeit Right To File Written Statement

The Calcutta High Court has held that in a commercial suit where defendants forfeit their right to file a written statement, they cannot set up any defence, and summary judgment can be granted where there is no real prospect of successfully defending the claim.A Bench of Justice Aniruddha Roy decreed a commercial recovery suit in favour of De Converter India Private Limited, directing La Chemico Pvt Ltd and others to pay Rs. 34.62 lakh towards unpaid dues, along with interest at 6% per annum...

Bombay High Court Quashes Union Bank's Wilful Defaulter Tag Against Former Promart Director

The Bombay High Court has recently quashed the Union Bank of India's decision declaring Punit Agarwal, a former director of Promart Retail India Pvt. Ltd., a willful defaulter in relation to credit facilities of about Rs. 40 crores, holding that the action violated the RBI Master Circular on Wilful Defaulters dated July 1, 2013 and principles of natural justice.A Division Bench of Justices Bharati Dangre and Manjusha Deshpande held that the mechanism adopted by the bank was contrary to the law...

Ex-Promoter Of Learnfluence, Which Runs Lakshya Coaching Platform, Moves Kerala High Court Against IPO

Adheesh Damodaran, erstwhile promoter of Learnfluence Education Limited and co-founder of Lakshya CA Campus, has approached the Kerala High Court challenging the proposed initial public offering (IPO) of the company, which runs the Lakshya platform offering commerce education, alleging large-scale fraud, forgery, and manipulation of company records. In his writ petition, Damodaran has questioned the decision to allow Learnfluence to proceed with the IPO despite what he describes as “pervasive...

SARFAESI Enforcement Cannot Be Invoked After Debt Is Extinguished Under IBC: Orissa High Court

The Orissa High Court has held that Section 31 of the SARFAESI Act cannot operate as an independent source of enforcement power once a resolution plan under the Insolvency and Bankruptcy Code extinguishes the underlying debt.Section 31 excludes certain secured assets and transactions from the Act's enforcement mechanism, meaning SARFAESI recovery powers do not apply to them.A Single Judge Bench of Justice Sanjeeb K. Panigrahi allowed a writ petition by Sree Metaliks Limited, Keonjhar against the...

Bombay High Court Finds No Novelty In Atomberg Fan Design, Refuses Interim Relief Against Stove Kraft

The Bombay High Court has recently declined to continue interim protection granted earlier to Atomberg Technologies Pvt. Ltd. in its design infringement suit against Stove Kraft Limited's “Pigeon” brand, finding that the rival ceiling fan is visually distinct and that the plaintiff's design does not show any real novelty beyond that of a standard ceiling fan. Justice Gauri Godse was deciding an application seeking to confirm an earlier ad-interim injunction passed on July 24, 2025, which had...

Revised IT Return Permissible Only For Bona Fide Discovery Of Omission Or Mistake: Gujarat High Court

The Gujarat High Court on 9 April, held that a taxpayer can file a revised return under Section 139(5) of the Income Tax Act, 1961 only when it discovers a bona fide omission or wrong statement in the original return filed under Section 139(1). The provision cannot be used to make deliberate or afterthought changes. The Bench of Justices A.S. Supehia and Pranav Trivedi emphasised that a valid revised return replaces the original return for all purposes under the Act, but only when it reflects...