Brevity Of Reasons In Order Refusing Sanction To Prosecute Public Servant Not Ground To Invoke Writ Jurisdiction: Delhi High Court

The Delhi High Court has held that mere brevity of reasons in an order refusing sanction to prosecute public servants is not, by itself, a ground to invoke writ jurisdiction, so long as the record demonstrates due application of mind by the competent authority.Justice Amit Mahajan observed,“Mere brevity of reasons in the impugned order, by itself, cannot be a ground to invoke writ...

Delhi High Court Rejects Zydus Plea Against Helsinn's Nausea Medication Patent

The Delhi High Court has refused to interfere with the grant of a pharmaceutical patent for a nausea medication dismissing a challenge by Zydus Healthcare Ltd. against Swiss drugmaker Helsinn Healthcare SA The court held that the Patent Office committed no jurisdictional error and did not violate principles of natural justice while granting the patent. In a judgment dated December 24,...

Bombay HC Restores IMAX's Enforcement Of Foreign Awards Against E-City, Holds Res Judicata Bars Re-Agitation Of Limitation At Later Stage

The Bombay High Court has recently restored enforcement proceedings initiated by IMAX Corporation for execution of foreign arbitral awards against E-City Entertainment (I) Pvt Ltd for breach of contractual obligations, holding that the doctrine of res judicata applies even between different stages of the same enforcement petition. The court said it cannot revisit an objection...

Gujarat High Court Upholds CESTAT's Order Rejecting Plea To Restore Delay Condonation Application Filed After 7 Yrs

The Gujarat High Court upheld an order of the Customs, Central Excise and Service Tax Appellate Tribunal which had dismissed a cooperative society's plea seeking restoration of its condonation of delay application on the ground that it was filed after an inordinate delay of 7 years.The court noted that the petitioner had not provided any explanation for such delay except that it was facing...

Mere Interest In Project Does Not Justify Impleadment Of Non-Signatory In Arbitration Without Contractual Participation: HP High Court

The Himachal Pradesh High Court dismissed a writ petition holding that mere financial or consequential interest was insufficient to implead a non-signatory in the arbitration proceedings unless the stringent tests as laid down by the Supreme Court which include participation in the negotiation, performance or termination of contract were satisfied. Justice Ajay Mohan Goel...

Delhi High Court Criticizes Police For Inserting 'Haath Mara' Expression In Every Assault FIR Lodged By Women

Calling it unfortunate, the Delhi High Court has recently observed that every FIR alleging assault or outraging modesty of a woman mentions the expression “haath mara” which is not endorsed by the complainant. Justice Neena Bansal Krishna said that the situation is “gross misuse of law” and requires introspection at the level of all police stations. “It is unfortunate that in every...

Delhi High Court Bars Use Of “IGBC” Name Over Similarity With US Green Building Council Mark

The Delhi High Court has permanently restrained Mumbai-based Deming Certification Services Private Limited from using the marks “International Green Building Council,” “IGBC,” or any deceptively similar to the mark of U. S. Green Building Council (USGBC). The court held that the use infringed the registered trademarks of the USGBC, a non-profit organisation that promotes...

Transfer Pricing | Comparables With Non-Export Operations Can't Be Benchmarked Against Export-Only Assessee: Delhi High Court

The Delhi High Court has made it clear that companies engaged in activities beyond export services cannot be treated as functionally comparable to an assessee providing export-only services.A Division Bench of Justices V. Kameswar Rao and Vinod Kumar thus upheld exclusion of such entities for the purpose of transfer pricing analysis qua an assessee engaged in providing investment...

Calcutta High Court Annual Digest 2025

Prior Option To Work As Para Teacher Shouldn't Act As Deterrent, Calcutta HC Permits To Work As Samprasarak For Better Service BenefitsCase: Mahabuba Rahaman & Ors. -vs- State of West Bengal & Anr.Citation: 2025 LiveLaw (Cal) 1A single judge bench of the Calcutta High Court comprising of Saugata Bhattacharyya, J. held that prior exercised option to work as a para teacher should not act...

Women Accused In Non-Bailable Offences Form Distinct Class; Courts Must Not Be Limited By Rigour Of S.437 CrPC: J&K&L High Court

Reaffirming that women accused of non-bailable offences constitute a distinct class deserving special judicial consideration, the Jammu and Kashmir and Ladakh High Court has granted bail to three women undertrials in a murder case, holding that courts must not allow themselves to be held hostage by the rigour of Section 437 CrPC while dealing with bail pleas of women.A bench of Justice...

Buyer Cannot Reject Goods After Putting Them To Use: Bombay High Court Upholds Arbitral Award Against Godrej & Boyce Manufacturing

The Bombay High Court dismissed a petition under section 34 of the Arbitration and Conciliation Act, 1996 ("Arbitration Act"), holding that once goods are put to use by the buyer, such conduct amounts to deemed acceptance under section 42 of the Sale of Goods Act, 1930 ("SOGA"), the buyer cannot later reject the goods on the ground of alleged defects. A claim for damages can be filed...

Mere Incarceration In Criminal Case Without Conviction Can't Be Ground To Remove CISF Personnel From Service: Allahabad High Court

A division bench of the Allahabad High Court recently upheld the Single Judge order quashing termination order of a CISF Head Constable who was accused of murder and was incarcerated for a small period on grounds that disciplinary proceedings could not be initiated merely on grounds of his incarceration.The bench of Justice Rajan Roy and Justice Rajeev Bharti held,“we are of the opinion...