News
Person authorized by the company to sign a cheque is not the ‘drawer’
10 March 2023
The Bombay High Court has on 8 March 2023 held that the signatory of the cheque, authorized by the ‘Company’, is not the ‘drawer’ and that such signatory cannot be directed to pay interim compensation in terms of Section 143A of the Negotiable Instruments Act, 1881 (‘NI Act’), leaving aside the company.
Arbitration provision in SEZ Act will prevail over agreement between parties providing for remedy under Arbitration and Conciliation Act
07 March 2023
In a dispute where the question involved was whether the arbitrability should be under the Arbitration and Conciliation Act, 1996 Act or under the SEZ Act, 2005, the Telangana High Court has held that since Section 42 of the SEZ Act is a statutory provision with a non-obstante clause, it would have an overriding effect over clause 23 of the development agreement between parties...
GST Council’s 49th Meeting – Highlights
20 February 2023
The 49th meeting of the GST Council was held on 18 February 2023. Given here are the important recommendations of the Council.
Trademarks – Use on similar occasions do not make water guns and fireworks pistols alike
16 February 2023
The Delhi High Court has rejected the view of the Senior Examiner that the goods, in respect of which registration of the ‘COCK’ word mark was being sought by the Appellant (water spay toy guns), were similar to the goods in respect of which the ‘COCK’ device mark stood registered (toy pistols using amorces, used as fireworks).
Budget 2023 – Changes in Customs and GST laws
04 February 2023
The Hon’ble Finance Minister of India presented the Union Budget 2023 as usual on 1st of February. Though the pre-budget speculation that the Union Budget would bring in some amnesty scheme for direct taxes and customs, turned out to be false, the 5th and last budget of the current government has made various significant tax proposals. Few important changes in the Customs and GST laws have been highlighted below.
Trademarks – Indirect use of misleading country of origin is ‘material respect’ in definition of ‘false trade description’, which is not registrable
23 January 2023
While examining as to whether the mark, depicting a white cross on a red background, and the ‘SWISS MILITARY’ word mark, individually or in conjunction with each other, can be registered in India in relation to textiles, footwear, etc., in Class 25, the Delhi High Court has held that false trade descriptions are not registrable.
Computers – All in one integrated desktop computer is not portable – Classifiable under TI 8471 50 00
18 January 2023
The Supreme Court has on 17 January 2023 held that Automatic Data Processing Machines (‘ADP’) which are popularly known as ‘AllinOne Integrated Desktop Computer’ are to be classified under Tariff Item 8471 50 00 of the Customs Tariff Act, 1975 and not under Tariff Item 8471 30 10 ibid.
Recovery proceedings under SARFAESI Act will prevail over those under MSMED Act
10 January 2023
The Supreme Court of India has on 5 January 2023 allowed an appeal against the decision of the Madhya Pradesh High Court which had held that Micro, Small and Medium Enterprises Development Act, 2006 ('MSMED Act') will prevail over Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ('SARFAESI Act').
Sabka Vishwas (LDR) Scheme – Non-payment of settlement amount before stipulated date when not fatal
06 January 2023
The Supreme Court of India has on 5 January 2023 allowed assessee’s appeal against the High Court decision dismissing assessee’s writ petition which had sought direction to the Revenue department for consideration of the case of the assessee under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019. The High Court had declined to interfere in the dispute where the settlement amount under the Scheme could not be paid by the assessee before 30 June 2020
Use of trademark in form of translation or transliteration amounts to infringement
05 January 2023
The Delhi High Court has reiterated that the use of the infringing mark in the form of a translation (same trademark but in a different language) or its transliteration, amounts to infringement. The Court in this regard observed that as per Section 29(9) of the Trade Marks Act, where the distinctive element of a registered trade mark consists of or include words, the trademark may be infringed by the spoken use of those words.