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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.

News

Valuation – Rejection of value when not sustainable

25 May 2017

Finding the reasons such as the importer had used the name of another firm to avoid sales tax, imports were made from trader and not from manufacturer, and the value declared was even less than the value of steel scrap, as not relatable to value of goods, CESTAT Delhi has allowed the appeal of the importer.

GST rates and 7 Rules approved by GST Council

25 May 2017

Schedule containing rates of GST for both goods and services and the revised draft of 7 procedural GST Rules have been placed by the CBEC in public domain.

Manufacture – Cutting of old tyres to produce pieces is not manufacture

25 May 2017

Larger Bench of the Delhi High Court has answered in negative the question as to whether the process to which used and old tyres are subjected to produce two or more pieces of cut tyres is ‘manufacture’ within the meaning of Section 2(f) of the Central Excise Act, 1944.

Design – Each component of design need not be tested for originality and novelty

16 May 2017

The plaintiff, a manufacturer of plastic insulated products claimed infringement of the registered design of its water bottle ‘PURO’ with a two-tone colour scheme, flip top and unique surface pattern and that the ‘Kudoz’ bottles sold by the defendant would mislead the public into thinking they were products of the plaintiff.

Use of a descriptive of services as trademark eligible for IP protection

16 May 2017

The plaintiff was the proprietor of the registered label marks comprising the word “Darzi” and was using the same for providing tailoring services. The defendants on the other hand were using the mark “Darzi on call” also for tailoring services. 

Production bible of TV show without novel elements is not a copyrightable work

16 May 2017

The plaintiff claimed that its copyright in the format/elements of a reality show to identify children with acting talent was infringed by the defendant who had also produced a show aimed at identifying talented children.

Merger control exemptions - Expansion of scope

16 May 2017

The Ministry of Corporate Affairs, vide Notification dated March 27, 2017 (2017 Notification), has expanded the scope of combinations under Section 5 and Section 6 of Competition Act 2002 (Act) which are eligible for an exemption from seeking approval of Competition Commission of India (CCI) based on certain de-minimis thresholds, for a period of five years.

Listing date crucial in determining exemption from open offer obligations

16 May 2017

It is irrelevant whether the same promoters were holding the same shares for over a long period either in the target company or in the parent company or both, prior to listing the target company.

Existence of “dispute” in terms of Insolvency Code bars initiation of insolvency process

16 May 2017

The definition of the word “dispute” is not exhaustive but illustrative. A corporate debtor has the right to reject a demand on any sustainable ground other than showing a pending suit, arbitration proceeding or the breach of representation or warranty. The sustainability of such grounds shall depen

FEMA violation not a valid defence against enforcement of foreign arbitral award

16 May 2017

A petition was filed before the High Court of Delhi, by the Petitioner in the instant case, Cruz City 1 Mauritius Holdings (Cruz City), a company incorporated under the laws of Mauritius, to enforce an arbitral award rendered under the London Court of International Arbitration Rules (Award), with respect to a dispute arising under a ‘Keepwell Agreement’ dated 06.06.2008

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