News
Appeal against CESTAT Order on violation of exemption condition lies before High Court
06 September 2019
6th September, 2019 3-Judge Bench of the Supreme Court has on 5-9-2019 held that an appeal against the CESTAT Order, involving violation of conditions of Customs exemption notification, would lie before the High Court and not the Supreme Court.
Appointment of arbitrator – Arbitration Section 11 when not applicable
02 September 2019
2nd September 2019 The 3-Judge Bench of the Supreme Court has upheld the view that Section 11 of the Arbitration and Conciliation Act, 1996, for appointment of arbitrator by the Court, is not applicable in a dispute involving NHAI as National Highway Act, 19
Patents - Registration under Insecticides Act is not ‘prior publication’
02 September 2019
2nd September 2019 Delhi High Court has held that just because an earlier registration under the Insecticides Act, was in favour of the plaintiff and later the defendant, it does not mean that the patented process was disclosed. It noted that
Job work – Finance Ministry waives GST Form ITC-04 for July 2017-March 2019
02 September 2019
2nd September 2019 Indian Ministry of Finance has waived the requirement of filing GST Form ITC-04 under Rule 45(3) of the Central Goods and Services Tax Rules, 2017, for the period July 2017 till March 2019. This form is required to furnish d
India relaxes FDI policy for single brand retail, coal mining and contract manufacturing
29 August 2019
29th August Indian Union Cabinet has on 28-8-2019 approved major proposals for relaxation in Foreign Direct Investments (FDI) policy relating to Single Brand Retail Trading (SBRT), coal mining and sale, contract manufacturing in India, and for uploading spec
Trademark in name of company – Use in a hologram not amounts to use any differently
26 August 2019
26th August The Delhi High Court has held that usage of a word mark in the hologram by the defendant would not amount to use of the word any differently from that of plaintiff. The Court also noted that registration of word ‘TOASHA&rsquo
Use of same word in company name – Remedies available under both Companies Act and Trademarks Act
26 August 2019
26th August In a case involving use of word ‘Aglow’ in the corporate name also by the defendant, the Bombay High Court has granted permanent injunction against the defendant. It observed that the defendant had no apparent reason fo
Pharma patent – No interim injunction unless opinion on 3 elements and some additional feature
26 August 2019
26th August The Delhi High Court has held that it is not possible to apply an across the board approach to all cases of alleged infringement of patent, particularly pharmaceutical patent, where as a matter of routine at first hearing there would be grant of
Mergers and Acquisitions - MCA clarifies on ‘Appointed date’ for s.232(6)
22 August 2019
22nd August 2019 Ministry of Corporate Affairs has clarified that companies may choose any specific calendar date or a date tied to occurrence of any event like date of grant of license, or fulfillment of preconditions, agreed upon by parties for
Combinations – CCI amends its regulations to provide for green channel approvals
19 August 2019
19th August Competition Commission of India (CCI) has amended its CCI (Procedure in regard to the transaction of business relating to Combinations) Regulations, 2011 to provide for approval of certain specified combinations under Green Channel.