DISPUTE DIGEST
Bombay High Court limits arbitral overreach in franchise row
Bombay High Court reaffirms the limits of an arbitral tribunal’s intervention in disputes arising from a commercial agreement
NGT cracks down on illegal tree felling and construction
The National Green Tribunal has cracked down on real estate developer Omaxe’s illegal construction and unauthorised tree felling ?for the development
Parties cannot use parallel proceedings to reopen SLPs, says SC
The Supreme Court of India rules that parallel and independent proceedings cannot be used to reopen a disposed special leave petition
Indian states can revoke, modify power tax exemptions: SC
A Supreme Court ruling says states can modify or revoke electricity tax exemptions, but must give reasonable notice of one year
Bombay HC raises issue over India taxing virtual services
Bombay High Court case sheds light on whether a business in China providing virtual services in India should be taxed in the country
含羞草社区 SC reiterates arbitrator cannot rewrite contract terms
The Supreme Court of India has held that the arbitrator cannot rewrite the terms of a contract while deciding the arbitration award
Calcutta HC clarifies design registration expiry in Harpic row
Granting shape trademark protection after expiry of a Harpic product’s design registration is ‘wholly suspect’: Calcutta High Court
含羞草社区 SC warns against unsupervised AI use in rulings
The Supreme Court of India has taken a strict view over using artificial intelligence in judicial rulings without the human application of mind and verification
Onus on applicant for divisional patent applications: Delhi HC
Delhi High Court has held that the onus to file a divisional application in patents lies solely on the applicant and must be filed before the parent application is granted
Freezing bank accounts must be proportionate: Delhi HC
Banks cannot freeze non-suspects’ accounts without authorities’ orders, citing fundamental rights and proportionality, says Delhi High Court
Arbitration award interest stops on access date: Delhi HC
Delhi High Court says interest accrued on arbitration awards end when funds are accessible for claimant
Turnover can shape environmental compensation: Supreme Court
The Supreme Court of India has observed in two recent cases that factors such as scale of operations are powerful factors when determining the environmental compensation a liable company must pay
Delhi High Court decision aims to stop domain name misuse
Delhi High Court has provided a solution to the misuse of domain names related to well-known brands purchased by anonymous and unrelated persons
Tiger Global’s Flipkart exit taxable in India: Supreme Court
Supreme Court rules Tiger Global’s use of Mauritius-based structure to sell USD1.6bn Flipkart stake as a conduit arrangement and deal is taxable in India
Tax deduction caps on foreign companies’ India business expenses
Deduction limits apply to head offices of foreign companies in India, the Supreme Court has ruled, citing section 44C of the Income Tax Act, 1961
SC clarifies jurisdictional issue in cross-border arbitration
The Supreme Court of India clarified jurisdiction issues for Indian courts in cross-border contracts and arbitration
Bangladesh HC halts Adani arbitration bid over power dispute
Bangladesh blocks Adani from starting Singapore arbitration over its disputed power agreement
Res judicata bars repeat arbitration requests
The Delhi High Court rules res judicata bars successive applications for arbitral reference if the identical request was previously rejected
