News
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’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’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’s appeal in a case involving DFIA exports. Department’s plea that the exporter was required to make declaration of technical characteristics, quality and specification on the ship
Counterfeit goods – E-commerce website when not merely an intermediary
December 12 2018
Observing that the website guaranteed that ‘all products are 100% genuine’ and that it was not taking precautions to stop sale of counterfeits, while having a separate category for ‘replicas’, Delhi High Court has held that Shopclues.com is not merely an intermediary.
Competition law – Advocate can accompany person summoned by DG
December 11 2018
Competition Commission of India has amended CCI (General) Regulations, 2009 to specify that an advocate may accompany any person summoned by the DG to appear before him, subject to specified conditions.
TDS to be deducted on mark-up and not on reimbursement of salaries for manpower supply
December 07 2018
7th December 2018 ITAT, Delhi has dismissed the appeal of Revenue dept. and upheld the impugned order of the Commissioner (Appeals) deleting disallowance of project management expenses, certain interest expenses and software expenses. In respe
Cause of action under Designs Act distinct from that in a trademark suit
December 06 2018
Delhi High Court has held that in a case where an infringement suit has already been filed under the Designs Act, there is no need to obtain the leave of the court to introduce a separate proceeding in the case of passing-off of trademark.