Litigation
Calcutta High Court Upholds Judgment Passed By Commercial Court Judge Despite Suit Not Being Transferred To Commercial Division
The Calcutta High Court comprising Justice Debangsu Basak and Justice Md. Shabbar Rashidi held that a judgment cannot be set aside merely on the ground that a suit involving a commercial dispute within the meaning of the Commercial Courts Act, 2015 was not transferred to the Commercial Division, where the judgment was delivered by a Judge designated as a Commercial Court.The Bench observed:“A judgment delivered by a Judge designated as a Commercial Court in respect of a matter which involves a...
Delhi High Court Upholds Nominal Damages In Arbitration, Reiterates Proof Of Actual Loss Under Section 73 Contract Act
The Delhi High Court bench comprising Justice Avneesh Jhingan has upheld an arbitral award granting only nominal damages, reiterating that actual loss must be proved to claim compensation under Section 73 of the Indian Contract Act, 1872, and that courts exercising jurisdiction under Section 34 of the Arbitration and Conciliation Act, 1996 cannot re-appreciate evidence.The Court was dealing with a petition filed by Hazel Mercantile Ltd. challenging an arbitral award passed in a dispute with...
'MARQ' Deceptively Similar To 'MARC': Delhi High Court Upholds Injunction Against Flipkart
The Delhi High Court, by judgment dated April 10, 2026, in FAO-IPD 46/2021, Flipkart India Pvt. Ltd. v. Marc Enterprises Pvt. Ltd., upheld an interim injunction restraining Flipkart from using the trademark “MARQ”, holding it to be deceptively similar to the respondent's mark “MARC”.Marc Enterprises, engaged in the business of manufacturing and selling electrical accessories, fittings, appliances, and equipment, was the plaintiff/respondent. Flipkart India Pvt. Ltd., an e-commerce platform and...
Madras High Court Quashes COVID-19 Lockdown Case As Time-Barred; Notes State Policy To Withdraw Such Cases
The Madras High Court has quashed criminal proceedings arising out of alleged violations during the COVID-19 lockdown period, holding that the prosecution was barred by limitation and that the case ought to have been withdrawn in terms of the State Government's policy.Justice M. Nirmal Kumar allowed a Criminal Original Petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and set aside the proceedings in S.T.C. No. 873 of 2025 pending before the Judicial Magistrate,...
Supreme Court Upholds Calcutta HC Order Refusing Stay On WB Election Webcasting Tender; SLP Dismissed
The Supreme Court of India on April 13, 2026 dismissed the Special Leave Petition filed by I-Net Secure Labs Private Limited, thereby affirming the April 2, 2026 order of the Calcutta High Court which had refused to stay work orders issued in a tender for providing surveillance systems for live web streaming during the West Bengal Legislative Assembly Elections, 2026.A Bench comprising of the Chief Justice of India and Justice Joymalya Bagchi held that no case for interference with the High...
NCLT Kolkata Dismisses Section 9 IBC Plea Against Bridge & Roof Co., Cites Pre-Existing Dispute Over Defective Work & Pending Final Bills
The National Company Law Tribunal (NCLT), Kolkata Bench-II, comprising Labh Singh (Member Judicial) and Rekha Kantilal Shah (Member Technical), has dismissed a Section 9 application filed by Cross Marketing (Operational Creditor) seeking initiation of the Corporate Insolvency Resolution Process (CIRP) against Bridge & Roof Company (India) Ltd. (Corporate Debtor), holding that the petition was not maintainable due to the existence of a pre-existing dispute between the parties.The Tribunal...
Supreme Court Issues Notice In Patanjali Foods' Plea Against Telangana Factory Zone Cancellation; Orders Status Quo
The Supreme Court has issued notice in a special leave petition filed by Patanjali Foods Limited challenging the cancellation and re-allotment of its factory zone in Suryapet district, Telangana, and directed the parties to maintain status quo in the meantime.A Bench comprising Justice J.B. Pardiwala and Justice K.V. Viswanathan passed the interim order on 9 February 2026 while hearing the petition arising out of proceedings before the Telangana High Court.The Court directed that notice be...
Karnataka HC Orders Status Quo In Commune-1 Dispute; Earlier Interim Stay On Maintenance By Co-operative Society To Continue
The Karnataka High Court has directed parties to maintain status quo in a dispute concerning the “Commune 1” residential apartment project at Marasur Village, Anekal Taluk, while staying further proceedings pursuant to a RERA order that permitted a Co-operative Society to take over the project.A Division Bench comprising the Chief Justice Vibhu Bakhru and Justice C.M. Poonacha, in Writ Appeal No. 1347 of 2025, passed an interim order directing that the earlier interim arrangement shall continue...
Scope Of Quashment Petition Distinct From Bail Cancellation For Violation Of Conditions: Madras High Court
The Madras High Court has observed that the scope of a petition seeking quashment of criminal proceedings is entirely distinct from that of a petition seeking cancellation of bail on the ground of violation of bail conditions, and that an interim stay granted in a quashment petition cannot come in the way of proceedings relating to cancellation of bail.Justice A.D. Jagadish Chandira made the observation while hearing a Criminal Original Petition filed by Alex Pandian seeking quashment of...
Delhi High Court Restores Interim Injunction In Favour Of Mold-Tek Packaging; Remands Patent Validity Issue For Fresh Consideration
The Division Bench of the Delhi High Court comprising Justice C. Hari Shankar and Justice Om Prakash Shukla has partly set aside an order of the Commercial Court and restored the ex parte ad interim injunction in favour of Mold-Tek Packaging Ltd. in a patent infringement dispute against Neway Industries Pvt. Ltd.The Court clarified that once a prima facie case of patent infringement is established, the burden of raising a credible challenge to patent validity under Section 107 of the Patents...
Delhi High Court Grants Interim Injunction In Author–Publisher Copyright Dispute Involving 'Petits Pas' And 'Allez-y' Series
The Delhi High Court, comprising Justice Jyoti Singh, has set aside an arbitral order refusing interim relief in a copyright dispute between authors and a publishing house, holding that the Arbitrator's decision was perverse and failed to apply settled principles governing interim injunctions in intellectual property matters.The appeal arose from a dispute between the Appellants, Preeti Bhutani and another, and the Respondents, Goyal Publishers and Distributors Pvt. Ltd. and others, concerning...
Calcutta High Court Orders Removal Of HSIL's “A Somany Enterprise” Trademark For Non-Use
The Calcutta High Court, exercising jurisdiction through its Intellectual Property Rights Division, by an order passed by Justice Ravi Krishan Kapur, has directed the removal of the registered device mark “A Somany Enterprise” from the Register of Trade Marks on the ground of non-use.The Court allowed a trademark rectification petition filed by Somany Ceramics Limited under Sections 47 and 57 of the Trade Marks Act, 1999, seeking removal of the registered device mark “A Somany Enterprise”,...











