India IP Litigation
7,302 annotated decisions
Page 7 of 305 · 7,302 total
Ashish Sharma v.State of H.P. and Ors.
The petitioner, a computer teacher at Dayanand Public School, Shimla, sought quashing of orders dismissing his complaint seeking registration of an FIR against the school principal for offences including forgery, cheating, and criminal breach of trust. The petitioner alleged that the principal was not authorized to sign his suspension order under CBSE affiliation by-laws, rendering it a forged document. The High Court dismissed the petition, holding that an order signed by a person lacking authority does not constitute forgery under Section 464 IPC, and such an order must be treated as valid unless set aside by a competent court.
Aerotech Aviation India Pvt. Ltd. v.Oshma Aeronautics
The plaintiff, Aerotech Aviation India Pvt. Ltd., placed an order with the defendant, Oshma Aeronautics, for a Main Rotor Blade of Helicopter VT-ATA valued at Rs.17,50,000/-, paying a 60% advance of Rs.10,50,000/- via RTGS. The defendant failed to deliver the product and issued multiple cheques towards refund, all of which were dishonoured. The defendant did not file a written statement, and the court, relying on Modula India v. Kamakshya Singh Deo, decreed the suit for Rs.5,70,000/- with simple interest at 9% p.a. (reduced from the claimed 24% p.a.) from the date of filing till realization, plus costs.
Inderjeet Singh Rathore v.M/s Gulvez Rahat Shahvez Rahat & Co. & Ors.
This was a commercial suit for recovery of Rs. 4,47,319.30 filed by a fruit supplier against a partnership firm and its partners for unpaid dues arising from fruit supplies. The defendants were proceeded against ex parte after failing to appear despite service of summons. The District Judge (Commercial Court) dismissed the suit, holding that while the invoices and delivery challans proved supply and delivery of fruits, the plaintiff failed to prove the exact outstanding balance because the statement of account was merely marked for identification and not duly exhibited in evidence under the Indian Evidence Act.
B. Ramu v.Dr. A.S. Jagana Madura
The petitioner, B. Ramu, filed an Original Petition under Section 25 of the Guardian and Wards Act seeking permanent custody of his two minor sons. The respondent, Dr. A.S. Jagana Madura, did not appear before the court. During hearing, the petitioner's counsel sought permission to withdraw the petition and made an endorsement to that effect, prompting the court to dismiss the petition as withdrawn.
Om Prakash Rathore v.Smt. Laxmi Devi
The Madhya Pradesh High Court allowed a writ petition challenging the Board of Revenue's order directing eviction of the petitioners from 67.89 square meters of land in Survey No. 211, Village Moja Jhingura, Shivpuri. The Court held that summary proceedings under Section 250 of the Madhya Pradesh Land Revenue Code, 1959, could not be invoked to evict persons in long, open, and settled possession of a permanent residential structure, and that a subsequent demarcation could not revive a remedy already barred by the two-year limitation period.
Shri Ram Hosiery Group v.Jagdamba Hosiery
This was a suit for recovery filed by Shri Ram Hosiery Group, a readymade garments business and proprietor of the registered trademarks SHARP and SENTY, against Jagdamba Hosiery for outstanding payment of Rs.2,27,806/- towards goods supplied over several years. The defendant failed to appear despite service and was proceeded ex-parte. The court, after examining the plaintiff's evidence and documentary record, decreed the suit in favour of the plaintiff.
SRF Limited v.Arkema Inc & Anr.
SRF Limited filed a petition seeking revocation and removal of Indian Patent No. 296159 from the Register of Patents under Section 64(1) of the Patents Act, 1970, before the Delhi High Court. The court disposed of several interlocutory applications, including those seeking exemption from filing certain certificates and affidavits, and leave to file additional documents. Notice was issued to the respondents, who appeared on advance copy and accepted notice, with directions to file replies within six weeks.
Abbvie Inc v.Controller General Of Patents, Designs, Trademarks And Geographical Indications & Ors.
Abbvie Inc has filed an appeal against the Controller General Of Patents, Designs, Trademarks And Geographical Indications, challenging an order dated 27.04.2026 related to Indian Patent Application No. 4759/DELNP/2012. The Delhi High Court has issued notice to the respondents and allowed the appellant to file a lengthy list of dates and the synopsis. The court has also directed the parties to file written submissions before the next date of hearing.
City and Industrial Development Corporation v.Union of India & Ors.
City and Industrial Development Corporation (CIDCO) filed writ petitions challenging orders passed by the Assistant Provident Fund Commissioner, Regional Office, Vashi, under Section 7A of the Employees' Provident Fund & Miscellaneous Provisions Act, 1952 (EPF Act). The petitioner contended that CIDCO is an excluded establishment under Section 16 of the EPF Act. The Bombay High Court, relying on its earlier judgment and the Supreme Court's ruling in Yeshwant Gramin Shikshan Sanstha, allowed the writ petitions and set aside the impugned orders dated 26 February 2019 and 17 October 2018.
Rajnath And 11 Others v.State Of U.P. And Another
The applicants filed a petition under Section 482 Cr.P.C. seeking quashing of criminal proceedings initiated under Section 3/5 of the Prevention of Damages to Public Property Act, 1984, alleging illegal encroachment upon Banjar (Gram Sabha) land. The Allahabad High Court held that the P.D.P.P. Act was enacted to curb vandalism and damage to public property during riots and public commotion, and cannot be invoked for cases of alleged encroachment on Gram Sabha land. The court quashed the criminal proceedings, charge sheet, cognizance order, and non-bailable warrant, observing that the proper remedy lies under Section 67 of the U.P. Revenue Code, 2006.
M/S SDB Consultants Pvt. Ltd. v.SMC Pneumatics (I) Pvt. Ltd.
The Petitioner, M/S SDB Consultants Pvt. Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an Arbitral Award dated 27.09.2025 that granted it Rs. 4,48,316/- along with 18% per annum interest from 20.07.2014. The dispute arose from an Architectural, Engineering, Project Management and Consultancy Agreement dated 23.08.2012 for the construction of the Respondent's factory and office in Noida. The Delhi High Court found no patent illegality on the face of the Impugned Award and dismissed the petition, holding that the Sole Arbitrator had conducted a reasoned and structured adjudication within the confines of the contractual terms.
Basamma & Anr. v.Goparappa And Ors.
The Supreme Court allowed the appeal, setting aside the High Court of Karnataka's judgment that had set aside Paragraph 24 of the First Appellate Court's order. The Court held that the High Court violated the principles of natural justice (audi alteram partem) by adjudicating the writ petition without hearing the appellants, who were necessary parties whose ownership and possession rights were directly affected. The First Appellate Court's judgment dated 02.08.2021 was restored, with the Court clarifying that no opinion was expressed on the merits and granting respondents three months to pursue alternative remedies.
Kamal Mahanty v.Jhantu Mohapatra
The Calcutta High Court dismissed a revisional application filed by Kamal Mahanty seeking quashing of criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881, arising from Complaint Case No. C-323 of 2016 pending before the Additional Chief Judicial Magistrate, Contai, Purba Medinipur. The court held that a prima facie case was made out based on the presentation of the cheque, its return with the endorsement 'Payment stopped by Drawer,' and the failure to comply with the statutory demand notice. The petitioner's contentions regarding limitation, contractual defenses, and the alleged absence of a money-lending license were rejected as triable issues of fact.
Murti Markandeshwar Ji Maharaj Gopal Ki Bagiya City Jhansi v.Smt. Jyoti Gangwani And Another
The petitioner, a temple/trust entity, filed a petition under Article 227 of the Constitution challenging the order of the Rent Tribunal that set aside the Rent Authority's order allowing its impleadment in eviction proceedings under Section 21(2) of the U.P. Regulation of Urban Premises Tenancy Act, 2021. The petitioner had sought impleadment under Order I Rule 10 CPC to dispute the landlord's title over the premises. The Court held that proceedings under Section 21 of the Act are confined to adjudication of landlord-tenant disputes and cannot be expanded to adjudicate complex title questions, and dismissed the petition as devoid of merit.
M/S Bansal Construction Co. v.Union of India
This appeal under Section 37 of the Arbitration & Conciliation Act, 1996 challenged a District Judge's order setting aside an arbitral award in favor of M/S Bansal Construction Co. The appellant had been awarded a railway contract in 2004 for CTR of 15.75 km of non-circulated yard lines, which could not be completed due to the respondent's failure to provide P-Way materials. The Arbitral Tribunal allowed 7 out of 8 claims and awarded ₹22,44,464/-, but the Commercial Court set aside the award holding that pendente lite interest could not be granted as the contract expressly prohibited it. The Delhi High Court upheld the District Judge's decision and dismissed the appeal.
Dr. Kavitha.A v.Brincy Mani
This original petition under Article 227 of the Constitution challenged an order of the Kerala Administrative Tribunal in a transfer dispute within the Dairy Development Department. The 1st respondent, Brincy Mani, a Deputy Director posted at Thrissur, had challenged her transfer to Kozhikode as Principal of the Dairy Training Centre, alleging mala fides and political motivation. The petitioner, Dr. Kavitha.A, who was to be transferred to Thrissur under the same order, sought to vacate the Tribunal's interim order. The Tribunal disposed of the original application, and Dr. Kavitha.A approached the High Court challenging that order.
Rubicon Inspection Systems Pvt. Ltd. v.Paras Railtech Pvt. Ltd.
The plaintiff, M/s. Rubicon Inspection Systems Pvt. Ltd., filed a commercial suit seeking recovery of Rs. 7,78,355/- from the defendant, M/s. Paras Railtech Pvt. Ltd., for part work allegedly executed under a work order dated 15.12.2020 relating to desilting operations on sewer lines and storm drains at Najafgarh, Delhi (DMRC Contract CC 126A). The defendant contended that the plaintiff abandoned the work without valid cause, that the invoice was forged with inflated rates, and that the agreed 20% discount was not applied. The court held that the plaintiff failed to prove actual execution, measurement, and certification of the work, and that the invoice did not match the rates specified in the work order, dismissing the suit.
M/S Hero Moto Corp Ltd v.Sandeep Kumar And Others
M/S Hero Motorcorp Limited filed a civil writ petition under Article 227 of the Constitution challenging an order of the Labour Court, Gurugram, which declined to reject a second affidavit by way of examination-in-chief tendered by the workman-respondent in an industrial dispute regarding his termination. The petitioner contended that the affidavit contained averments beyond the pleadings and legal submissions, and that the Labour Court had committed a jurisdictional error by permitting it on record after rejecting an earlier affidavit on similar grounds. The High Court dismissed the writ petition, holding that the impugned order was purely interlocutory and did not warrant interference in supervisory jurisdiction, as no patent perversity, jurisdictional error, or manifest failure of justice was demonstrated.
M/s Triveni Adhesive and Tapes and 2 others v.The New India Assurance Company Limited
This appeal under Section 37 of the Arbitration and Conciliation Act, 1996 challenged a Commercial Court's order setting aside an arbitral award in an insurance dispute. The appellants, a partnership firm manufacturing adhesive tapes, suffered total destruction of their manufacturing unit due to a fire on 02.09.2018 and claimed Rs. 3,76,00,000/- under two insurance policies with the respondent. The Arbitrator awarded an additional Rs. 1,56,68,498/- with interest, but the Commercial Court set aside the award for patent illegality and being against public policy. The Allahabad High Court dismissed both the appeal and the appellants' application under Section 34(4) seeking remand, holding that the award lacked findings on contentious issues rather than merely lacking reasons, and therefore the discretionary power under Section 34(4) could not be exercised.
Ratna Bose Represented by Her Husband and Power of Attorney Holder, Priya Sankar Bose v.The Sole Arbitrator, Dilip Kumar Das & Anr.
This appeal under Section 37 of the Arbitration and Conciliation Act, 1996 challenged an order dismissing the appellant's Section 34 petition against an arbitral award arising from disputes over National Stock Exchange transactions. The appellant contended that the arbitral tribunal's constitution was vitiated and that she was denied representation by an advocate. The Calcutta High Court found no evidence of bias, noted that the governing rules did not permit advocate representation, and found no patent illegality in the award, dismissing the appeal.
The Municipal Commissioner, Ahmedabad Municipal Corporation & Anr. v.Sushilaben Pranlal Pandya & Anr.
The Municipal Commissioner, Ahmedabad Municipal Corporation challenged the Single Judge's order in a Letters Patent Appeal, which had directed the Corporation to incorporate yearly increments earned during the probation period and re-fix the pension of respondent Sushilaben Pranlal Pandya, a former Staff Nurse promoted to Assistant Nursing Tutor. The Division Bench dismissed the appeal, holding that the pay-protection granted under Condition No.6 of the appointment order covered both salary and benefits, and the Corporation could not subsequently modify these terms to the detriment of the employee at the time of confirmation.
Roja v.Elumalai
This case involved a petition filed by Roja seeking custody of her minor son Yashwin (aged about 6 years) from the respondent Elumalai, filed under the Guardians and Wards Act. During the proceedings, the petitioner's counsel sought permission to withdraw the Original Petition, making an endorsement to that effect in the court bundle. The Madras High Court recorded the submission and dismissed the petition as withdrawn, with no costs, and closed the connected applications.
Elanco Us Inc v.Assistant Controller Of Patents And Designs
The Madras High Court set aside an order rejecting a patent application for an oral pharmaceutical composition, finding the rejection to be arbitrary. The court directed a re-consideration of the application by a different officer within four months. The application relates to a treatment for chronic inappetence and chronic weight loss in companion animals. The court's decision highlights the importance of careful consideration of patent applications and the need for reasoned decisions.
Qualcomm Incorporated v.Controller Of Patents And Designs
Qualcomm Incorporated appealed against the order of the Controller of Patents and Designs rejecting their patent application. The Madras High Court set aside the impugned order and remanded the matter for reconsideration, directing a different officer to undertake the re-examination. The court found the original order to be arbitrary and a colourable exercise of power. The patent application will now be re-examined, providing Qualcomm Incorporated with another opportunity to secure a patent.