News
Amendment to Section 148 of Negotiable Instruments Act has retrospective application
07 June 2019
7th of June While considering the objects for the amendment to Section 148 of the Negotiable Instruments Act, 1881 and the interpretation of Section 148 of the NI Act, the Supreme Court held that Section 148 of the NI Act as amended, shall be applicabl
Claim under s.70 of Contract Act when parties have a binding contract
07 June 2019
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Statutory licensing under Section 31D of Copyright Act not covers internet broadcasting
22 May 2019
15th May 2019 The Bombay High Court has held that statutory licencing under Section 31D of the Copyright Act is meant only for radio and television broadcast and excludes internet broadcasting. The Court was of the view that Defendants’ on demand strea
Exclusive jurisdiction of court by agreement not violate Copyright Section 62
09 May 2019
09th May 2019 The Delhi High Court has held that an agreement conferring exclusive jurisdiction on a particular Court is not in violation of Section 28 of the Indian Contract Act, 1872 or Section 62 of the Copyright Act, 1957. Court reiterated
FAQs on Real Estate Sector released
09 May 2019
09th May 2019 Ministry of Finance has on 7-5-2019 issued FAQs in respect of recent amendments made for the real estate sector which have come into force from 1st of April 2019. FAQs released under F. No. 354/32/2019-TRU, dated 7-5-2
Trademark registration confers rights on whole and not on individual parts
07 May 2019
07th May 2019 The Delhi High Court has reiterated that registration of trademark under Section 17(1) of the Trademarks Act confers exclusive rights to use trademark as a whole and not a right of registration to individual parts. The Court in t
Trademarks – No suit for passing off maintainable if plaintiff’s use not honest
01 May 2019
01st May 2019 The Delhi High Court has held that plaintiff which is a sister concern of and hired by Elder Pharmaceuticals Ltd. (EPL), cannot claim latter’s trademark and reputation on liquidation of EPL. Holding that such use with the k
Patents – Exemption under Section 107A available to exports for clinical studies
29 April 2019
29th April A Division Bench of the Delhi High Court has held that sale, use, construction of patented products by persons who do not hold patents or licenses from patentees, in terms of Section 107A of the Patents Act is correct provided it is reasonably rel
Certain provisions of Competition Act held unconstitutional – Court directs CCI to formulate regulations
15 April 2019
15th April Delhi High Court has declared Section 22(3) of the Competition Act (except proviso), relating to meetings of the Commission, as unconstitutional and void. Section 53E, in respect of COMPAT, as it stood before the amendment by the Finance Act, 2017
DGAD findings can only be interfered with if there is procedural illegality
08 April 2019
8th April Delhi High Court has refused to interfere, under Article 226 of the Constitution, with DGAD final findings recommending non-imposition of Anti-dumping duty on AA Dry Cell Batteries imported into India from China and Vietnam. The Designated Authorit