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.


FAQs on Real Estate Sector released

09 May 2019

09th May 2019 Ministry of Finance has on 7-5-2019 issued FAQs in respect of recent amendments made for the real estate sector which have come into force from 1st of April 2019. FAQs released under F. No. 354/32/2019-TRU, dated 7-5-2

Trademark registration confers rights on whole and not on individual parts

07 May 2019

07th May 2019 The Delhi High Court has reiterated that registration of trademark under Section 17(1) of the Trademarks Act confers exclusive rights to use trademark as a whole and not a right of registration to individual parts. The Court in t

Trademarks – No suit for passing off maintainable if plaintiff’s use not honest

01 May 2019

01st May 2019 The Delhi High Court has held that plaintiff which is a sister concern of and hired by Elder Pharmaceuticals Ltd. (EPL), cannot claim latter’s trademark and reputation on liquidation of EPL. Holding that such use with the k

Patents – Exemption under Section 107A available to exports for clinical studies

29 April 2019

29th April A Division Bench of the Delhi High Court has held that sale, use, construction of patented products by persons who do not hold patents or licenses from patentees, in terms of Section 107A of the Patents Act is correct provided it is reasonably rel

Certain provisions of Competition Act held unconstitutional – Court directs CCI to formulate regulations

15 April 2019

15th April Delhi High Court has declared Section 22(3) of the Competition Act (except proviso), relating to meetings of the Commission, as unconstitutional and void. Section 53E, in respect of COMPAT, as it stood before the amendment by the Finance Act, 2017

DGAD findings can only be interfered with if there is procedural illegality

08 April 2019

8th April Delhi High Court has refused to interfere, under Article 226 of the Constitution, with DGAD final findings recommending non-imposition of Anti-dumping duty on AA Dry Cell Batteries imported into India from China and Vietnam. The Designated Authorit

RBI circular triggering IBC on debtors in general, declared ultra vires

05 April 2019

5th April Supreme Court has declared the RBI Circular dated 12-02-2018, by which the RBI promulgated a revised framework for resolution of stressed assets, ultra vires Section 35AA of the Banking Regulation Act. It declared all actions proceed

NCCD exemption available to units exempted from Excise duty

29 March 2019

29th March Supreme Court of India has held that manufacturing units in special categories states which were exempt from Central Excise duty would also be exempt from National Calamity Contingent Duty (NCCD), since NCCD is of the nature of an excise duty.&nbs

Patents - Cross examination to be allowed in highly technical cases

27 March 2019

20th March The Delhi High Court has held that where there is a post-grant opposition based on an expert opinion to invalidate a patent under Section 25(2) of the Patents Act, the petitioner (who had acquired the patentee firm) can be allowed to cross-examine

Appeal proceedings against defunct company not infructuous

27 March 2019

27th March The departmental appeal before the jurisdictional High Court was dismissed by terming it ‘infructuous’, on the sole ground that since the assessee company’s name had been struck-off from the Register of the Company u/s. 560(5) of

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