Patent Revocation Petition Survives Even If Patent Expires By Efflux Of Time: Delhi High Court

Holding that revocation operates retrospectively and in rem, the Delhi High Court has ruled that expiry of a patent does not render a pending revocation petition infructuous. A Division Bench of Justice C. Hari Shankar and Justice Om Prakash Shukla on Tuesday held “a revocation petition would be maintainable, and would continue to survive, even after the patent of which revocation is sought expires by efflux of time"The court further clarified that once revoked, the patent is “rendered...

Where No Tax Evasion Is Alleged, Liberal Approach Warranted in Transitional ITC Case: Kerala High Court

The Kerala High Court has recently observed that a bona fide mistake committed by a taxpayer while filing revised TRAN-1 and TRAN-2 forms cannot justify denial of transitional Input Tax Credit, especially in the absence of any allegation of tax evasion.TRAN-1 and TRAN-2 are statutory forms under Section 140 of the CGST Act through which taxpayers carried forward eligible input tax credit from the pre-GST regime into GST."However, I am of the view that, when it comes to a case where no evasion of...

Non-Declaration Of Gold At Green Channel Not Always Smuggling: Delhi High Court

The Delhi High Court has recently held that in a case of non-declaration of gold at the Green Channel which does not amount to smuggling, absolute confiscation may be disproportionate and redemption on payment of fine may be permitted.A Division Bench of Justices Nitin Wasudeo Sambre and Ajay Digpaul observed,“The release is permitted only upon payment of redemption fine and penalty, along with applicable duty. The orders under challenge therefore do not condone the violation and instead...

Voluntary Statements To Customs Officers Can Sustain Conviction: Supreme Court

The Supreme Court has recently reiterated that statements recorded by Customs officers under Section 108 of the Customs Act, 1962, constitute substantive evidence and can sustain a conviction if shown to be voluntary. A bench of Justice Vikram Nath and Justice Sandeep Mehta reaffirmed the Gujarat High Court's judgment holding that, “Statements recorded under Section 108 of the Customs Act, 1962 by duly authorized Customs Officers are admissible in evidence and do not attract the bar...

Delhi High Court Sets Aside Award Ordering Yamaha To Repurchase Unsold Dealership Stock

Holding that an arbitral tribunal cannot “rewrite the bargain between the parties” or grant relief contrary to the contract, the Delhi High Court on Tuesday upheld the setting aside of an award that had directed India Yamaha Motor Pvt. Ltd. to take back unsold dealership stock and refund its price with 16% annual interest. Dismissing the dealer's appeal under Section 37 of the Arbitration and Conciliation Act, 1996, a Division Bench of Justices Anil Kshetrapal and Amit Mahajan held that the...

Defunct Scheme Of Arrangement Under Companies Act Cannot Stall IBC Proceedings: Supreme Court

The Supreme Court on Tuesday held that insolvency proceedings under the IBC cannot be kept in abeyance on the basis of a Scheme of Arrangement that has become redundant and inoperative for non-compliance with statutory requirements.The court reiterated that once the statutory requirements of Section 7 are met, insolvency must proceed notwithstanding any parallel company law proceedings.A bench of Justices Sanjay Kumar and K. Vinod Chandran framed the core issue as whether pendency of proceedings...

No Separate Disclosure Standard For IP Disputes Under Commercial Courts Act: Bombay High Court

The Bombay High Court has partly rejected a trademark owner's attempt to introduce additional documents nearly six years after filing suit, holding that intellectual property disputes are not entitled to any special procedural indulgence under the Commercial Courts Act. In a judgment pronounced on February 20, 2026, Justice Arif S. Doctor said the disclosure requirements under amended Order XI of the Civil Procedure Code are “mandatory and must be strictly enforced” in commercial suits.Order XI...

NCLT, NCLAT Cannot Nullify Benami Act Confiscation In IBC Proceedings: Supreme Court

The Supreme Court on Tuesday held that insolvency tribunals cannot nullify confiscation of property under the Prohibition of Benami Property Transactions Act, ruling that once property is confiscated under Section 27, it vests absolutely in the Central Government and falls outside the liquidation estate under the Insolvency and Bankruptcy Code. A Bench of Justices Pamidighantam Sri Narasimha and Atul S. Chandurkar dismissed appeals filed by liquidators who had sought to challenge attachment...

Borrower Cannot Redeem Mortgaged Property After Sale Certificate Under Pre-2016 SARFAESI: Madhya Pradesh HC

Holding that a borrower cannot reclaim mortgaged property after issuance of a sale certificate under the unamended SARFAESI regime, the Jabalpur Bench of the Madhya Pradesh High Court dismissed writ petitions challenging auction proceedings initiated by Bank of India. A Division Bench of Justices Vivek Rusia and Pradeep Mittal clarified that the equitable principle of “once a mortgage, always a mortgage” operates only until the right of redemption is lawfully extinguished.The case arose from...

Damages Awarded By Foreign Court Cannot Be Subject To FEMA, RBI Ceiling: Delhi High Court

The Delhi High Court on Monday held that damages awarded by a competent foreign court for breach of contract cannot be subjected to ceilings prescribed under the Foreign Exchange Management Act or RBI guidelines. “In my considered view, the amounts awarded by a competent Court, whether Indian or foreign, towards damages for breach of contract, cannot be subject to ceilings prescribed under FEMA and/or RBI directions/circulars,” Justice Amit Bansal observed while allowing execution of an English...

Bombay High Court Restrains Use Of 'ZEKODOL-P', Finds It Deceptively Similar To IPCA's 'ZERODOL'

The Bombay High Court has granted a permanent injunction in favour of IPCA Laboratories Limited, restraining Rikon Pharmaceuticals Pvt Ltd from using the mark “ZEKODOL-P”, after holding that it infringes IPCA's registered trademark “ZERODOL” and amounts to passing off. Justice Arif S. Doctor, in a judgment pronounced on February 23, 2026, held that the impugned mark is “phonetically, visually and structurally almost identical” to the plaintiff's mark. The court also imposed a cost of Rs 15 Lakh...

Duty-Free Import Benefits Denied Over Unauthorised Diversion, Poor Record-Keeping: Madras High Court

The Madras High Court on 10 February, held that duty-free import benefits under the Advance Authorisation Scheme can be denied when the importer diverts the goods into the domestic market without authorisation.A Bench of Justice G.K. Ilanthiraiyan and Justice R. Poornima allowed the Department's appeals, arising from a batch of civil miscellaneous appeals filed by the Commissioner of Customs (Department) against the proprietor of Regin Agency, and Regin Exports.Setting aside the CESTAT's order,...