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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

Fugitive Economic Offenders Bill approved by Cabinet

April 04 2018

Union Cabinet has approve the Fugitive Economic Offenders Bill, 2017 providing for measures to deter economic offenders from evading the process of Indian law by remaining outside the jurisdiction of Indian courts and empowers the Government to confiscate the properties of such offenders in India.

Arbitration and Conciliation (Amendment) Bill, 2018

April 03 2018

The Union Cabinet has recently approved the Arbitration and Conciliation (Amendment) Bill 2018 for introduction before the Indian Parliament.

Patents - Counter claim in infringement suit better than revocation in IPAB

March 26 2018

In a case involving revocation application before IPAB and infringement suit before the High Court, Delhi High Court has held that effect of taking defence under Section 107(1) of the Patents Act or of making a Counter claim under Section 64 would be same.

Patent infringement – Prior study having contrary findings is not ‘prior art’

March 26 2018

The Delhi High Court has held that the combination containing both Metsulfuron Methyl and Sulfosulfuron as prepared by the plaintiff was novel and not obvious. The uniqueness of plaintiff’s composition comprising of such compounds was that it was effective against both grassy and broad leaf weeds.

Trademark infringement – Identical manner of use important, while difference in packing not

March 26 2018

In a case involving alleged infringement of trademark, Delhi High Court has held that difference if any in the cartons in which the goods may be sold or packed will not affect deception otherwise likely between the two marks.

Refund to exporters clarified

March 16 2018

Central Board of Excise and Customs has on 15th of March 2018 clarified that refund of eligible credit on account of SGST will be available even if the supplier of goods or services or both has availed of drawback in respect of CGST.

Refund to exporters - Number of issues clarified

March 16 2018

Central Board of Excise and Customs has on 15th of March 2018 clarified that refund of eligible credit on account of SGST will be available even if the supplier of goods or services or both has availed of drawback in respect of CGST.

26th Meeting of GST Council held on 10th of March, 2018 – Highlights

March 12 2018

GST Council met on 10th of March 2018 and took decisions on various issues. According to the Press Releases issued highlighting the recommendations of the Council, E-way bill provisions for inter-State movement of goods are to be implemented across the country from 1st April 2018

GST E-way Bill provisions to be revised from appointed date

March 08 2018

Ministry of Finance has issued notification on 7th of March, 2018 to amend provisions relating to E-way Bill, in the Central Goods and Services Tax Rules, 2017 (CGST Rules).

Synchronized trading when in violation of SEBI Regulations

March 07 2018

There were two groups of respondent parties – three traders and three brokers. Show causes notices were sent to the parties alleging that the parties had been buying and selling securities in the derivatives segment at a price which did not reflect the value of the underlying securities in synchronised and reverse transactions.

Limitation period for filing appeals from Orders of NCLT

March 06 2018

An appeal to NCLAT was preferred by the Appellant from an Order of the NCLT. However, such appeal was filed with a delay of 9 days after expiry of the period of limitation and the grace period provided under Section 421(3) of the Act. Accordingly, the appeal was dismissed by the NCLAT. Assailing this order of the NCLAT, the Appellant preferred an appeal before the Supreme Court. 

Indian Budget 2018 – Changes proposed in Customs law

February 15 2018

In the Budget 2018 present before the Indian Parliament today (1-2-2018), the Finance Minister has proposed many changes both in the provisions of Customs Act, 1962 and Customs Tariff Act, 1985.

No registration when design a trade variation and available in public domain

February 14 2018

Rejecting plaintiff’s claim of piracy of design, Delhi High Court has on 8-2-2018 cancelled a registered design. The Court in this regard noted that the design in respect of the footwear was available in public domain before, and is only a trade variation of a sandal.

Commercial Transaction must for Court’s jurisdiction in passing off

February 13 2018

For the purpose of invoking jurisdiction of a court in a passing off action, the plaintiff is required to plead and establish that there has been a Commercial Transaction within the jurisdiction of that Court which amounts to passing-off.

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