S.128A Customs Act | Six-Month Timeline To Decide Appeals Not Mandatory, But Must Apply Where Possible: Delhi High Court

The Delhi High Court has held that though Section 128A(4A) of the Customs Act, 1962 prescribes that appeals “shall” be decided within six months, the timeline is applicable only where it is possible to do so.Perusing the language in which the provision is couched, a division bench of Justices Prathiba M. Singh and Shail Jain observed,“...it uses the word 'shall'. However, the provision...

Delhi High Court Rejects Philips' Plea For Perjury Action Against Ex-Employee In Software Piracy Case

The Delhi High Court has refused to initiate perjury proceedings against a former Philips employee, holding that Philips had not produced the kind of clear and unquestionable evidence required for criminal action. The ruling came in a copyright and trade secret dispute involving Philips' medical imaging software “IntelliSpace Portal” (ISP). In a judgment dated November 24, 2025,...

Settlement With Concessionaire Doesn't Erase NHAI's Role In Dispute: Delhi High Court Dismisses Substitution Petition

The Delhi High Court refused to interfere with an arbitral tribunal's order rejecting the plea of National Highways Authority of India's (NHAI) to substitute itself with a special purpose vehicle (SPV) in an ongoing arbitration initiated by CFM Asset Reconstruction Pvt. Ltd. (CFM ARC). The court held that the substitution could prejudice claimants' rights and that court's...

Delhi High Court Grants Relief To Tesla Inc, Extends Bar on Indian Company's Use of 'Tesla' Marks In EV Market

The Delhi High Court on Monday granted relief to the U.S.-based electric vehicle company Tesla Inc. by directing that the undertaking earlier given by the India-based Tesla Power India Pvt. Ltd., stating that it will not manufacture or market electric vehicles or use any mark deceptively similar to 'Tesla' for EVs, shall continue until the trademark infringement suit is finally decided.In...

Delhi High Court Slaps ₹1 Lakh Cost On Litigant For Misusing Writ Jurisdiction To Stall DRT, NCLT Proceedings

The Delhi High Court recently imposed costs of Rs 1 lakh on a litigant while dismissing his writ petition that sought to halt proceedings pending before two Debts Recovery Tribunals and the National Company Law Tribunal. The Court held that the petitioner, Sanjeev Krishan Sharma, had failed to show any violation of fundamental rights, statutory mandate or natural justice that could...

Delhi High Court Slams GST Authorities For 'Mechanically' Cancelling Registration Of BoAt's Parent Company

The Delhi High Court has slammed the GST authorities for cancelling the registration of Imagine Marketing Ltd., the parent company of smart wearables brand boAt, without considering the company's replies.A division bench of Justices Prathiba M. Singh and Shail Jain further criticised the GST Appellate Authority, which upheld the cancellation in a 'cavalier' manner. The judges...

GST Migration Not Taxpayer's Burden: Delhi HC Directs CESTAT To Hear Appeal After Pre-Deposit Was Made Under Excise Head Due To Portal Failure

The Delhi High Court has held that where the Service Tax portal had become non-functional after the migration to the GST regime, the taxpayer cannot be compelled to make the mandatory pre-deposit strictly under the Service Tax ledger for maintainability of an appeal. The Court observed that once the deposit has already gone to the Government exchequer under the Excise Head. A...

Delhi High Court Imposes ₹50K Costs On Customs For “Harassing” Companies Importing Body Massagers

The Delhi High Court has slammed the Customs Department for “unnecessarily harassing” two entities involved in import of body massagers.Petitioners' import goods were confiscated for alleged mis-declaration of sex toys as body massagers. While ordering their provisional release, the Court had previously asked the Department to come up with a uniform policy permitting or prohibiting the...

Delhi High Court Finds No Similarity Between 'OPAL' and 'SHEOPAL'S' Mark, Denies Injunction to OPAL Cosmetics

The Delhi High Court has upheld a Commercial Court order refusing interim injunction to cosmetics brand OPAL, holding that its mark is not deceptively similar to “SHEOPAL'S,” a mark used by Sheopals Pvt. Ltd. (SPL), which also manufactures beauty and wellness products. Delivering judgment on November 26, 2025, a Division Bench of Justice C. Hari Shankar and Justice Om Prakash Shukla...

Any Interpretation Diluting Commercial Courts Act Defeats Its Purpose; No Leniency For Litigants Who Protract Proceedings: Delhi High Court

The Delhi High Court has observed that the Commercial Courts Act was enacted with a specific aim of expediting commercial disputes and the processes adopted by them can't be in such a casual manner, so as to convert them into general civil suit.“Any interpretation of any legal provision that dilutes the provision would militate against the basic philosophy behind creation of...

'Forum Shopping': Red Chillies Argues Sameer Wankhede's Defamation Suit Against 'Bads Of Bollywood' Belongs In Bombay, Not Delhi High Court

Red Chillies Entertainment on Wednesday opposed before the Delhi High Court the defamation suit filed by IRS Officer Sameer Wankhede over his allegedly defamatory portrayal in the Netflix series “Ba***ds of Bollywood” directed by Aryan Khan Senior Advocate Neeraj Kishan Kaul appearing for the production company submitted before Justice Purushaindra Kumar Kaurav that the suit...

Delhi High Court Protects Gaay Chhap Detergent, Restrains Use Of 'Gopal Gai Chhap' and 'Cow Brand' Marks

The Delhi High Court has granted an interim injunction in favour of Gaay Chhap, a Kanpur-based detergent brand, restraining a Uttar Pradesh trader from using the marks “Gopal Gai Chhap” , “Cow Brand,” and similar labels for detergent soaps, cakes, and washing powders. Justice Tejas Karia passed the order on November 24, 2025, after finding that Gaay Chhap had shown prior and...