News
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
DFIA exports – Specifications of imported inputs to be declared on Shipping Bill
13 December 2018
13th December 2018 Delhi High Court has allowed Revenue department’s appeal in a case involving DFIA exports. Department’s plea that the exporter was required to make declaration of technical characteristics, quality and specification on the ship
Counterfeit goods – E-commerce website when not merely an intermediary
12 December 2018
Observing that the website guaranteed that ‘all products are 100% genuine’ and that it was not taking precautions to stop sale of counterfeits, while having a separate category for ‘replicas’, Delhi High Court has held that Shopclues.com is not merely an intermediary.