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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

Copyrights – Interim injunction cannot be granted on cursory material

27 April 2016

Bombay High Court has refused to grant ad-interim relief in a case of alleged copying of Plaintiff’s registered literary work (script of a movie) without his permission, license or assignment.

Copyright in sketches for dresses, not registered as design – ‘capable of being registered’ clarified

27 April 2016

Delhi High Court has declined to grant injunction against infringement of copyright in drawings and sketches for dresses when the dresses were created more than 50 times using said design which was not registered under Designs Act.

No patent to numbering device – IPO invokes Section 3(b)

27 April 2016

Indian Patent Office at New Delhi has refused to grant patent in an application titled ‘Method and device for controlling the position of the numbering wheels of a numbering device’.

Nomination of director - Acceptance of deposits by Indian companies

26 April 2016

The Reserve Bank of India has clarified that keeping deposits with an Indian company by persons resident outside India in accordance with Section 160 of the Companies Act, 2013 is a current account (payment) transaction and, as such, does not require any approval from Reserve Bank.

Penalty for violation of SEBI provisions – Absence of definitive stand of SEBI

26 April 2016

Observing that Securities and Exchange Board of India (SEBI) was not in a position to take a definite stand on the question as to whether violation of Section 12A(b)&(c) of the SEBI Act and violation of Regulation 3(c)&(d) of SEBI (Prevention of Fraudulent and Unfair Trade Practices Relating to Securities Market) Regulations, 2003 constitute one offence or two offences, the Securities Appellate Tribunal has set aside the Order of the SEBI.

CCI to observe principles of natural justice while disagreeing with DG report

26 April 2016

Observing that Competition Commission of India (CCI) had, at no stage of the proceedings, after the receipt of investigation report, given any notice to the appellants indicating/incorporating the reasons for its disagreement with the findings/conclusions recorded by the Jt.

Stamp duty on inter-state amalgamations – Court Order represents ‘instrument’

26 April 2016

The full bench of the Bombay High Court has held that two orders of two different High Courts pertaining to the same scheme of amalgamation are independently different instruments, since the said orders of the High Courts are upon two different petitions by two different companies.

‘Integrated Declaration’ under the Indian Customs Single Window project

15 April 2016

In furtherance to the Indian Customs Single Window project, wherein online permissions are being obtained from various govt.

Valuation – Cost of process carried out at job-worker’s premises after clearance

15 April 2016

The Supreme Court has held that cost relating to bullet proofing of jeeps, undertaken outside the factory by job-workers after clearance of the not-yet bullet-proofed jeeps, is not to be included in the value of jeeps for the purpose of levy of Central Excise duty.

Power to extend period for passing assessment order to be exercised within limitation period

15 April 2016

Supreme Court of India has held that when the normal period of limitation for passing assessment order by the Assessing Officer was three years, as per the provisions, the power to extend the period could be exercised within the said period of three years and not after the expiry of this limitation period.

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