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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

Insolvency and Bankruptcy Code (Amendment) Ordinance, 2017

December 06 2017

The President of India, on 23rd November, 2017 [Notification No. DL- (N)04/0007/2003-17], promulgated the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2017, which amends the existing Insolvency and Bankruptcy Code, 2016 (IBC), in order to strengthen the insolvency resolution process.

SEBI (International Financial Services Centres) Guidelines, 2015 – Amendments

December 06 2017

In its Circular dated November 14, 2017 (“Circular”), SEBI has amended the guidelines for International Financial Services Centres (“IFSC”) wherein SEBI has introduced an amended definition of an ‘Issuer’  in the SEBI (IFSC) Guidelines, 2015 (“Guidelines”).

Contract – SC rules on when express term can be implied

December 06 2017

The Supreme Court has held that a contract should be interpreted in accordance with the terms expressly provided in its agreement. A term can only be implied to be present in the contract if it is necessary to give efficacy to the business transaction. 

Counter-guarantee is an independent contract, separate from its underlying contract

December 06 2017

The High Court of Delhi has held that a counter-guarantee is an independent contract, separate from its underlying contract.

Exemption based on location of unit – Some recent developments

December 05 2017

In some of the recent developments in respect of units which were earlier availing exemption under various area-based exemption schemes, CBEC has prescribed procedure for manual filing of refund under new budgetary support scheme under the GST regime, while Supreme Court of India has allowed exemption (refund) of Education Cess also under the erstwhile Central Excise notifications.

Export of service – SMS aggregator service to foreign company within India

December 05 2017

CESTAT Mumbai has allowed refund of unutilised Cenvat credit when SMS aggregator service was provided by the assessee to foreign company (Facebook) for its subscribers in India.

Rectification in Returns – Regularisation of technical omissions

December 05 2017

In a case involving denial of rectification of some errors in the returns filed by the assessee, which came to light after an audit, Kerala High Court has held that the mere apprehension, that if the assessee was permitted to pay differential tax, he might claim input tax credit, cannot be a ground to deny the opportunity to rectify an anomaly in the returns.

Mere addition of suffix or prefix to a mark does not remove likelihood of confusion

December 05 2017

The appellant was aggrieved by the order of permanent injunction passed in favour of respondent who runs fast food restaurant and was using the name ‘Adiga’, ‘Vasudev Adiga’ and various other combinations with ‘Adiga’.

No claim of exclusivity lies by use of mark similar to registered trademark as descriptive word

December 05 2017

The plaintiff was registered proprietor of marks ‘Swadi’ and ‘Swadisht’ in respect of rice. It used the word ‘Swaad’ as part of its tagline.

Shape marks serving as indication of origin

December 05 2017

At issue was the invalidation of trademark, namely the shape of London taxi and its revocation for non-use.

Mandatory e-sealing of containers by exporters

November 01 2017

To facilitate exports and to provide relief to exporters, Central Board of Excise & Customs (CBEC) has dispensed with the requirement of seeking the presence of jurisdictional officer for supervising stuffing of export cargo.

Limitation Act not applicable for proceedings under IBC

October 13 2017

The National Company Law Appellate Tribunal held that the Limitation Act, 1963 is not applicable to the Insolvency & Bankruptcy Code, 2016. NCLAT further held that debentures fall within the meaning of ‘Financial Debt’ irrespective of the amount of interest attached to them.

Demerged resultant entity eligible to position itself as a ‘financial creditor’

October 13 2017

Financial Creditor (Reliance Commercial Finance Limited) made an application to the National Company Law Tribunal, Ahmedabad to initiate insolvency resolution process against Corporate Debtor (Anil Nutrients Limited) under Section 7 of the Insolvency and Bankruptcy Code.

Trademark infringement when products involved are different

October 13 2017

In a case pertaining to a suit for trademark infringement and passing off, in the mark “Vogue”,  the trial court had vacated the ex-parte interim injunction in favour of the plaintiffs(Advance Magazine Publishers Inc).

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