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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

Appointment of arbitrator – Arbitration Section 11 when not applicable

02 September 2019

2nd September 2019 The 3-Judge Bench of the Supreme Court has upheld the view that Section 11 of the Arbitration and Conciliation Act, 1996, for appointment of arbitrator by the Court, is not applicable in a dispute involving NHAI as National Highway Act, 19

Patents - Registration under Insecticides Act is not ‘prior publication’

02 September 2019

2nd September 2019 Delhi High Court has held that just because an earlier registration under the Insecticides Act, was in favour of the plaintiff and later the defendant, it does not mean that the patented process was disclosed. It noted that

Job work – Finance Ministry waives GST Form ITC-04 for July 2017-March 2019

02 September 2019

2nd September 2019 Indian Ministry of Finance has waived the requirement of filing GST Form ITC-04 under Rule 45(3) of the Central Goods and Services Tax Rules, 2017, for the period July 2017 till March 2019. This form is required to furnish d

India relaxes FDI policy for single brand retail, coal mining and contract manufacturing

29 August 2019

29th August Indian Union Cabinet has on 28-8-2019 approved major proposals for relaxation in Foreign Direct Investments (FDI) policy relating to Single Brand Retail Trading (SBRT), coal mining and sale, contract manufacturing in India, and for uploading spec

Trademark in name of company – Use in a hologram not amounts to use any differently

26 August 2019

26th August The Delhi High Court has held that usage of a word mark in the hologram by the defendant would not amount to use of the word any differently from that of plaintiff. The Court also noted that registration of word ‘TOASHA&rsquo

Use of same word in company name – Remedies available under both Companies Act and Trademarks Act

26 August 2019

26th August In a case involving use of word ‘Aglow’ in the corporate name also by the defendant, the Bombay High Court has granted permanent injunction against the defendant. It observed that the defendant had no apparent reason fo

Pharma patent – No interim injunction unless opinion on 3 elements and some additional feature

26 August 2019

26th August The Delhi High Court has held that it is not possible to apply an across the board approach to all cases of alleged infringement of patent, particularly pharmaceutical patent, where as a matter of routine at first hearing there would be grant of

Mergers and Acquisitions - MCA clarifies on ‘Appointed date’ for s.232(6)

22 August 2019

22nd August 2019 Ministry of Corporate Affairs has clarified that companies may choose any specific calendar date or a date tied to occurrence of any event like date of grant of license, or fulfillment of preconditions, agreed upon by parties for

Combinations – CCI amends its regulations to provide for green channel approvals

19 August 2019

19th August Competition Commission of India (CCI) has amended its CCI (Procedure in regard to the transaction of business relating to Combinations) Regulations, 2011 to provide for approval of certain specified combinations under Green Channel.

Income Tax - Monetary limits for departmental appeals before ITAT, HC and SC revised

09 August 2019

9th August Ministry of Finance has enhanced the monetary limits for filing income tax appeals by Revenue department before ITAT, High Courts and Supreme Court. According to CBDT Circular No. 17/2019, dated 8-8-2019, Revenue department wo

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