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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

RBI circular triggering IBC on debtors in general, declared ultra vires

April 05 2019

5th April Supreme Court has declared the RBI Circular dated 12-02-2018, by which the RBI promulgated a revised framework for resolution of stressed assets, ultra vires Section 35AA of the Banking Regulation Act. It declared all actions proceed

NCCD exemption available to units exempted from Excise duty

March 29 2019

29th March Supreme Court of India has held that manufacturing units in special categories states which were exempt from Central Excise duty would also be exempt from National Calamity Contingent Duty (NCCD), since NCCD is of the nature of an excise duty.&nbs

Patents - Cross examination to be allowed in highly technical cases

March 27 2019

20th March The Delhi High Court has held that where there is a post-grant opposition based on an expert opinion to invalidate a patent under Section 25(2) of the Patents Act, the petitioner (who had acquired the patentee firm) can be allowed to cross-examine

Appeal proceedings against defunct company not infructuous

March 27 2019

27th March The departmental appeal before the jurisdictional High Court was dismissed by terming it ‘infructuous’, on the sole ground that since the assessee company’s name had been struck-off from the Register of the Company u/s. 560(5) of

Broadcast of copyright work – De minimis infringement and use for review

March 25 2019

25th March The Delhi High Court has held that an assignee of copyrights is not required to implead original owner and therefore the suit cannot be dismissed for non-compliance of Section 61 of the Copyright Act which provides that the licensee is required to

34th Meeting of GST Council – New regime for residential realty sector

March 21 2019

21st March GST Council in the 34th meeting held on 19-3-2019 has decided on the modalities of implementation of GST rate of 1% in case of affordable houses and 5% on construction of houses other than affordable houses. According to the press r

Use of mark ‘The TICER’ replicating mark ‘TIGER’ is a case of “chunking”

March 19 2019

19th February In a suit for permanent injunction restraining infringement of trademark, copyright, design and passing off and for ancillary reliefs, the Delhi High Court has held that use of the mark ‘The TICER’ by the defendant as opposed to &ls

Arbitrability of dispute under TP Act – SC refers matter to Larger Bench

March 11 2019

11th March Supreme Court has referred the question of arbitrability under Transfer of Property Act to the Larger Bench. Holding that judgment in Himangni Enterprises is required to relooked, it observed that there is nothing in TP Act

Design infringement – Prior publication and mere trade variation, fatal

March 01 2019

1st March The Division Bench of the Delhi High Court has upheld the interim decision of the single Judge in a case where defendant had alleged prior publication of the plaintiff’s design based on web-shots from Wayback machine, containing internet arch

E-Form INC-22A ACTIVE – Companies (Incorporation) Rules amended

February 26 2019

26th February On February 21, 2019, the Ministry of Corporate Affairs (“MCA”), in exercise of its powers under the Companies Act, 2013 (“Companies Act”) issued the Companies (Incorporation) Amendment Rules, 2019 (“Incorporation

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

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