News
‘Trust Deed’ just like ‘Will’ is not an arbitration agreement
07 November 2016
Supreme Court of India on 17-8-2016 has held that ‘Trust Deed’, which provides for resolving the disputes arising between the beneficiaries of the Trust through arbitration, does not constitutes an ‘agreement’ much less an “arbitration agreement” within the meaning of Section 2(b) and 2(h) read with Section 7 of the Arbitration and Conciliation Act, 1996.
Conversion of shares and increase of authorized share capital, when illegal
07 November 2016
In the present petition before the Supreme Court, the contention of the respondents (“Sanwalka Group”) was that the company had come under the control of the appellants (“Gupta Group”) by various actions and omissions.
New All Industry Rates of Drawback notified
04 November 2016
Central Board of Excise and Customs (CBEC) has notified new All Industry Rates (AIR) of Duty Drawback which are effective from 23-11-2015, i.e. will be applicable on exports made from 23rd of November 2015.
New All Industry Rates of Drawback notified
04 November 2016
Indian Ministry of Finance has revised the All Industry Rates (AIR) of Drawback, payable to the exporters by the Revenue department to neutralize various duties suffered by the former in respect of goods exported.
AEOs allowed to pay Customs duties on fortnightly basis
04 November 2016
Customs duties payable on import of goods in India can now be paid on fortnightly basis by specified Authorised Economic Operators - importers.
Companies (Mediation and Conciliation) Rules, 2016 notified
08 October 2016
The Ministry of Corporate Affairs vide its Notification dated 9 September, 2016 has notified the Companies (Mediation and Conciliation) Rules, 2016 (“Rules”).
Recovery of arrears when a company is no longer a ‘sick’ company
08 October 2016
The Hon’ble Supreme Court of India, recently pronounced a judgement on a very interesting issue regarding recovery of arrears when a company is no longer a ‘sick’ company.
Arbitration – Scope of enquiry under Section 45 to not include enquiry of legality and validity of substantive contract
08 October 2016
The Hon’ble Supreme Court of India in its case of Sasan Power Limited v. North American Coal Corporation India Private Limited on 24 -8-2016 has held that the scope of enquiry under Section 45 of the Arbitration and Conciliation Act, 1996, is confined only to the question – whether the arbitration agreement is “null and void, inoperative or incapable of being performed” and not on the legality and validity of the substantive contract.
Trademarks – Not every domain name entitled to trademark protection
07 October 2016
Bombay High Court has refused to grant an interim injunction in a suit for trademark infringement and passing off in favour of the plaintiff, who is the registered proprietor of the mark and domain name “shaadi.com”.
Trademarks – Opposition or non-grant of trademark registration immaterial in case of passing off
07 October 2016
Delhi High Court on 16-9-2016 has made absolute the interim injunction granted by it to restrain the defendant from copyright infringement in the trade label along with a device and for passing off its trademark with device of “Taj Mahal” used on the rice.