News
Insolvency and Bankruptcy Code is constitutionally valid: SC
01 February 2019
1st February Supreme Court has upheld constitutional validity of various provisions of Insolvency and Bankruptcy Code, 2016. It noted that the Code is a beneficial legislation which puts corporate debtor back on its feet, not being a mere recovery legi
Competition - Director can be proceeded against on violation of Sections 3 & 4
29 January 2019
29th January The Delhi High Court has held that officers or directors of a company can be proceeded against for violation of Sections 3 and 4 of the Competition Act, dismissing the plea that directors are punishable only where CCI order is not obeyed.
Insolvency proceedings can be initiated against ‘corporate guarantor’
22 January 2019
22nd January The NCLAT has held that without initiating Corporate Insolvency Resolution Process (CIRP) against the principal borrower, financial creditor can initiate CIRP against the Corporate Guarantors. It noted that as per IBC Section 5(8)
Trademark - Honest use of competitor’s mark for comparison allowed
21 January 2019
21st January The Delhi High Court has held that failure to point out competitor’s advantage is not necessarily dishonest and that primary objective of Trademarks Sections 29(8) and 30(1) is to allow comparative advertising as long as the use is h
No summary adjudication of suit requiring expert evidence, at injunction stage
11 January 2019
11th January Setting aside a High Court Division Bench Order, the Supreme Court has remanded a suit back to the Single Judge in a dispute involving alleged infringement of patented technology by use of seeds/hybrid seeds bearing the patented technology.<br /
Advance authorisation - Removal of pre-import condition for IGST exemption
11 January 2019
11th January Pre-import condition to avail exemption from IGST and Compensation Cess for imports under Advance Authorisation has been removed. CBIC Notification 01/2019-Cus., dated 10-01-2019 in this regard amends Notifications Nos. 18/2015-Cu
Patent in eco-friendly efficient vehicle – Absence of novelty
21 December 2018
The Calcutta High Court has held that the patent in “a fuel cell system and an efficient eco-friendly vehicle mounted with fuel cell system” did not involve any novel invention or any enhancement/advancement of existing technology.
Composite suit of Infringement of design and passing off, permissible
20 December 2018
Five Judges Bench of the Delhi High Court has allowed a composite suit for infringement of registered design and passing-off.
Composite suit of Infringement of design and passing off, permissible
20 December 2018
20th December 2018 Five Judges Bench of the Delhi High Court has allowed a composite suit for infringement of registered design and passing-off. It noted that if there is a common question of law and facts, the joinder of causes of action can take place unde
No Real Estate Agent service even if land sold not owned
19 December 2018
19th December 2018 In a case involving alleged real estate agent service, CESTAT Delhi has rejected department’s plea that since the land sold was not in the name of assessee, it was not a transaction for sale or purchase of land. It hel