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.


Trademark - No exclusive meaning to term ‘BOOKMY’

February 21 2019

21st February The Delhi High Court has held that word &lsquo;BOOKMY&rsquo; has not attained exclusive meaning with respect to the plaintiff&rsquo;s &lsquo;BookmyShow&rsquo;, and that the term BOOK MY is descriptive and part of the common English parlance.<br

State enactment for saving VAT recovery post GST, valid

February 20 2019

20th February Kerala High Court has held that Kerala VAT Act does not stand fully repealed with the 101st constitutional amendment and that the State has legislative powers to enact saving clause under Section 174 of the Kerala GST allowing depart

Copyright suit by owner who is not a copyright society, maintainable

February 18 2019

18th February In a case involving copyright in sound recording, the Delhi High Court has held that an individual owner, despite having granted license to copyright society, can further grant licenses with respect to copyright works owned by him, and sue the

Company seeking voluntary removal under Section 248(2) be treated sympathetically

February 08 2019

8th February NCLAT has held that a company seeking voluntary removal of its name from register of companies should be treated sympathetically by the Registrar. It was held that such company should not be resisted from taking benefits of provis

Insolvency and Bankruptcy Code is constitutionally valid: SC

February 01 2019

1st February Supreme Court has upheld constitutional validity of various provisions of Insolvency and Bankruptcy Code, 2016. It noted that the Code is a beneficial legislation which puts corporate debtor back on its feet, not being a mere recovery legi

Competition - Director can be proceeded against on violation of Sections 3 & 4

January 29 2019

29th January The Delhi High Court has held that officers or directors of a company can be proceeded against for violation of Sections 3 and 4 of the Competition Act, dismissing the plea that directors are punishable only where CCI order is not obeyed.

Insolvency proceedings can be initiated against ‘corporate guarantor’

January 22 2019

22nd January The NCLAT has held that without initiating Corporate Insolvency Resolution Process (CIRP) against the principal borrower, financial creditor can initiate CIRP against the Corporate Guarantors. It noted that as per IBC Section 5(8)

Trademark - Honest use of competitor’s mark for comparison allowed

January 21 2019

21st January The Delhi High Court has held that failure to point out competitor&rsquo;s advantage is not necessarily dishonest and that primary objective of Trademarks Sections 29(8) and 30(1) is to allow comparative advertising as long as the use is h

No summary adjudication of suit requiring expert evidence, at injunction stage

January 11 2019

11th January Setting aside a High Court Division Bench Order, the Supreme Court has remanded a suit back to the Single Judge in a dispute involving alleged infringement of patented technology by use of seeds/hybrid seeds bearing the patented technology.<br /

Advance authorisation - Removal of pre-import condition for IGST exemption

January 11 2019

11th January Pre-import condition to avail exemption from IGST and Compensation Cess for imports under Advance Authorisation has been removed. CBIC Notification 01/2019-Cus., dated 10-01-2019 in this regard amends Notifications Nos. 18/2015-Cu

Patent in eco-friendly efficient vehicle – Absence of novelty

December 21 2018

The Calcutta High Court has held that the patent in “a fuel cell system and an efficient eco-friendly vehicle mounted with fuel cell system” did not involve any novel invention or any enhancement/advancement of existing technology.

Composite suit of Infringement of design and passing off, permissible

December 20 2018

Five Judges Bench of the Delhi High Court has allowed a composite suit for infringement of registered design and passing-off.

No Real Estate Agent service even if land sold not owned

December 19 2018

19th December 2018 In a case involving alleged real estate agent service, CESTAT Delhi has rejected department&rsquo;s plea that since the land sold was not in the name of assessee, it was not a transaction for sale or purchase of land. It hel

DFIA exports – Specifications of imported inputs to be declared on Shipping Bill

December 13 2018

13th December 2018 Delhi High Court has allowed Revenue department&rsquo;s appeal in a case involving DFIA exports. Department&rsquo;s plea that the exporter was required to make declaration of technical characteristics, quality and specification on the ship

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