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.


Australia proposes new green-gold standard for COOL

11 August 2015

USA went through a long drawn battle to protect its COOL (Country Of Origin Labelling) measures which were held to be protectionist and discriminatory. It seems to have inspired rather than deterred Australia from introducing its own labelling requirements.

Negotiable Instruments Act - Liability of a company and persons in charge

03 August 2015

The Supreme Court of India has ruled that under Section 138 of the Negotiable Instruments Act, 1881, it is the drawer of the cheque alone that attracts liability.

Indian Parliamentary Committee on GST

29 July 2015

The Select Committee of the Rajya Sabha presented its report recently on the Constitution (122nd) Amendment Bill, 2014.

SEBI has jurisdiction in respect of GDRs

28 July 2015

Supreme Court of India has upheld the jurisdiction of SEBI to exercise its powers under the provisions of the Securities and Exchange Board of India Act, 1992 and Securities Contracts (Regulation) Act, 1956 read along with the Regulations, to proceed against the Lead Manager for the so called fraudulent transaction in respect of issuance of Global Depository Receipts (GDRs).

Limitation for demand for breach of exemption notification

24 July 2015

The Bombay High Court has held that demand beyond 5 years cannot be confirmed by invoking bond in case of EOUs.

Trademark & copyright – Jurisdiction for filing suit against infringement

22 July 2015

The Supreme Court of India has held that suits against infringement of trademark and copyright can be instituted only in the District Court that exercises jurisdiction over the place where the cause of action (in whole or in part) arises, in the case where the plaintiff instituting the suit has an office in that jurisdiction.

Corporate guarantee having bearing on profits is an International Transaction

17 July 2015

Corporate guarantees have often been examined for transfer pricing adjustment. While there are number of judgements on how to determine the ALP and that bank rates are not to be applied, whether the transaction is an international transaction is always intriguing.  

Mandatory pre-deposit for appeals filed prior to 6-8-2014

16 July 2015

Rajasthan High Court has agreed with the earlier Order of the court (Paramount Security v. UoI – W.P. No. 12232) which had held that effect of the amendment to Section 35F of the Central Excise Act, 1944 in 2014 cannot be restricted only for appeals filed after 6-8-2014.

Competition law – Factors for dominance

16 July 2015

The Competition Commission of India (CCI) has recently set aside the application of the informant alleging contravention of the provisions of Section 4 of the Competition Act, by one the airlines in India.

ADD – New Zealand proposes automatic termination period

09 July 2015

New Zealand continues to seek ways to reform its anti-dumping and countervailing duties regime. Last year it had sought views on introduction of a bounded public interest test (Refer, International Trade Amicus, July 2014 issue) and now proposes to lay down the broad parameters and procedure to take into account the effect of AD, on public - parties other than domestic producers.

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