News
Amendment of plaint in trademark dispute – Jurisdiction of Joint Registrar and maintainability of appeal before Commercial Appellate Court
09 April 2020
Deliberating on the issue as to whether the Joint Registrar acted without jurisdiction while deciding on the application for amendment in the plaint, the Delhi High has held that the amendments, which alter the period with effect from which the trademark “SUPERON” had been adopted by the respondent (plaintiff), and also claimed, for the first time, that the original adoption of the said trademark was by the plaintiff through sister concern, introduced changes of substance, and not merely of form
Foreign Trade Policy extended till 31-3-2021 – Last dates for various obligations relaxed
02 April 2020
Foreign Trade Policy 2015-20 and the Handbook of Procedures Vol. 1, which were expiring on 31st of March 2020, have been extended till 31st of March 2021. DGFT has in this regard, with immediate effect, also made various other changes in the FTP and in the HoP, extending the validity and time periods of various provisions and thus granting relief to the exporters and importers in the present troubled times. Notification No. 57/2015-20 and Public Notice No. 67/2015-20, both dated 31-3-2020 have b
Condonation of delay in filing documents – Companies Fresh Start Scheme introduced, and LLP Settlement Scheme modified
01 April 2020
Ministry of Corporate Affairs has introduced the “Companies Fresh Start Scheme, 2020” and revised the “LLP Settlement Scheme, 2020” to provide an opportunity to both companies and LLPs to make good any filing related defaults and make a fresh start as a fully compliant entity.
COVID-19 effect – Limitation period in all petitions, appeals, etc. extended
24 March 2020
The 3-Judge Bench of the Supreme Court has on 23rd of March extended the period of limitation in all petitions/applications/suits/ appeals/all other proceedings.
Guidelines on regulation of Payment Aggregators and Payment Gateways
20 March 2020
The Reserve Bank of India (RBI) has vide its circular dated March 17, 2020 issued ‘Guidelines on Regulation of Payment Aggregators and Payment Gateways’. In terms of the said circular, the RBI has prescribed (a) guidelines for regulating activities of payment aggregators (PAs); and (b) baseline technology recommendations for payment gateways (PGs).
COVID-19 effect – Court restrains government from taking coercive measures – Recovery proceedings deferred
19 March 2020
Taking note of the extraordinary situation in the country due to pandemic Corona Virus (COVID-19) which calls for an extraordinary measure to be taken, the Division Bench of the Allahabad High Court has directed that all the concerned competent authorities, both administrative and non-administrative,
39th Meeting of the GST Council – Highlights
18 March 2020
The GST Council has in its 39th Meeting held on 14-3-2020 taken many major decisions in respect of both GST rates and those involving law and procedures. Some of the important recommendations of the Council are highlighted below.
Sponsorship and endorsement expenses borne by importer when not includible in value of imports
13 March 2020
CESTAT New Delhi has recently held that the sponsorship and endorsement expenses paid by the Indian importer to various athletes and players in India is not liable to be included in the assessable value of the goods (sports goods) imported by the importer. The Revenue department’s appeal which invoked Rule 10(1)(e) of the Customs Valuation (Determination of Value of Imported Goods) Rules 2007 for inclusion of said expenses was hence dismissed. Earlier, the Commissioner had found that the paymen
Trademarks – Amendment to plaint for passing off after registration of mark
11 March 2020
Observing that the basic facts necessary for an infringement action were already present in the original plaint filed for passing off, excepting the fact of registration of the trade mark of the petitioner, the Calcutta High Court has allowed the application for amendment to plaint post grant of registration of trademark.
Settlement of Direct Tax pending litigations – CBDT clarifies on Vivad se Vishwas scheme
07 March 2020
With the objective to reduce the pending income tax litigation, the lower House of the Indian Parliament has on 4th of March 2020 passed the Direct Tax Vivad se Vishwas Bill, 2020. The Bill, once enacted, will also generate timely revenue for the Government and benefit the taxpayers by providing them peace of mind, certainty and savings on account of time and resources that would otherwise be spent on the long-drawn and vexatious litigation process.