Latest court orders, judgments, and legal developments from Indian courts — AI-curated and summarized.
Circuits differ on whether non-use cancellation under Section 47 constitutes 'rectification' under Section 124(1) of the Trade Marks Act. The Calcutta and Delhi High Courts have diverged on stay of infringement suits pending such proceedings.
A split has emerged between the Calcutta and Delhi High Courts on whether Section 124 rectification proceedings include non-use cancellation under Section 47. The divergence affects stays in infringement suits.
Calcutta HC refuses writ jurisdiction over a contractual payment dispute where an arbitration clause exists and facts are disputed.
NCLAT rules arbitral award imposing joint liability doesn’t alter personal guarantee; guarantor remains distinct from borrower.
Justice Tejas Karia of the Delhi High Court has called for statutory recognition of emergency arbitration and a dedicated arbitration bench at GIFT City to enhance dispute resolution mechanisms in India. He emphasized the existing procedural bottlenecks under various sections of the Arbitration Act.
The Delhi High Court has provided clear guidelines for handling insufficiently stamped domestic arbitral awards. The court ruled that unilateral payments to address stamp duty shortfalls do not rectify defects post-signing.
The Supreme Court has reiterated that arbitration orders made under Section 16 cannot be re-examined in writ jurisdiction. The court has held that the issue of stamping related to the arbitration will remain open for consideration at the Section 34 stage.
Senior Advocate Darius Khambata criticized the Finance Ministry’s 2024 arbitration memo, labeling it as a reaction from a 'disgruntled litigant' during a recent symposium. This highlights ongoing tensions regarding arbitration practices in Indian governance.
The Bombay High Court has upheld the IBBI's Regulation 31A, permitting a 0.25% regulatory fee on the realisable value to creditors. This affirmation assures the standing of IBBI as a regulatory body during the Corporate Insolvency Resolution Process (CIRP).
The Supreme Court limits writ jurisdiction in arbitration cases, specifying that writs can only be entertained in instances of a clear lack of jurisdiction. This ruling develops the understanding of the interplay between Section 16 objections and extraordinary relief in arbitration contexts.
Former Chief Justice of India DY Chandrachud has been appointed as an arbitrator in a significant investment treaty dispute between Russia and Ukraine's state-owned Oschadbank. This appointment enhances India's recognition in international arbitration.
The Karnataka High Court ruled that the corporate veil of a non-signatory entity cannot be lifted at the interim stage in relation to a shareholder's arbitration agreement, reinforcing the integrity of corporate structures.