News & Briefings

The latest updates on relevant areas of law, curated by our team to be the most useful to clients as well as fellow legal practitioners.


Copyrights – Architect cannot restrain building owner from demolishing it

20 June 2019

20th June 2019 The Delhi High Court has held that the Plaintiff’s (architect’s) copyright in the work of architecture does not extend to any rights over the building based on the architecture such that plaintiff can seek damages for demolition of

Flash sale price acceptable for Customs valuation purposes: WCO

20 June 2019

20th June The Technical Committee on Customs Valuation at WCO has at its 48th Session recently adopted an instrument (Advisory Opinion 23.1) on valuation of goods purchased in a flash sale. Reiterating transaction value as primary basis under

Trademarks – Passing-off when mark used in cognate and allied products

11 June 2019

11th June 2019 In a case where Plaintiff and Defendant sold tea and biscuits respectively under the mark TODAY, Delhi High Court has held that adoption of the mark for biscuit, which is a cognate and allied product of tea, will result in deception th

Trademarks – Nutraceuticals are akin to medicines for test of passing off

11 June 2019

11th June 2019 In a case involving registered trademark names of nutraceuticals with both products having ‘GLO’ as prefix, the Delhi High Court has held that mere fact that products are not pharmaceuticals, is not convincing for adoption of less

Kerala Flood Cess will be imposed from 1st of July 2019

11 June 2019

11th June 2019 Kerala Flood Cess on intra-State supplies of certain goods and services in the State of Kerala will be imposed from 1st of July 2019 for the period of two years. This Cess was earlier proposed in the Kerala Fina

IGST not payable on supplies from Duty Free Shops at International Airport

11 June 2019

11th June 2019 Allahabad High Court has, in a PIL, held that supply of imported goods to Duty Free Shops (DFS) and from DFS at international airport do not attract any customs duty or IGST. The Court in this regard noted that the effective tax

Amendment to Section 148 of Negotiable Instruments Act has retrospective application

07 June 2019

7th of June While considering the objects for the amendment to Section 148 of the Negotiable Instruments Act, 1881 and the interpretation of Section 148 of the NI Act, the Supreme Court held that Section 148 of the NI Act as amended, shall be applicabl

Claim under s.70 of Contract Act when parties have a binding contract

07 June 2019

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Statutory licensing under Section 31D of Copyright Act not covers internet broadcasting

22 May 2019

15th May 2019 The Bombay High Court has held that statutory licencing under Section 31D of the Copyright Act is meant only for radio and television broadcast and excludes internet broadcasting. The Court was of the view that Defendants&rsquo; on demand strea

Exclusive jurisdiction of court by agreement not violate Copyright Section 62

09 May 2019

09th May 2019 The Delhi High Court has held that an agreement conferring exclusive jurisdiction on a particular Court is not in violation of Section 28 of the Indian Contract Act, 1872 or Section 62 of the Copyright Act, 1957. Court reiterated

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