News
Corporate Social Responsibility (CSR) clarified
29 January 2016
The Ministry of Corporate Affairs has issued clarifications by way of Frequently Asked Questions (FAQ) relating to the Corporate Social Responsibility (CSR) obligations of companies under Companies Act, 2013.
Company courts not to interfere with proceedings under SARFAESI Act
29 January 2016
The Supreme Court of India, with respect to the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interests Act, 2002 (“SARFAESI Act”), has held that powers under the Companies Act cannot be wielded by the Company courts to interfere with proceedings by a secured creditor to realize its secured interests in terms of the provisions of the SARFAESI Act.
Start-ups – Government proposes radical changes in laws
29 January 2016
With a view to stimulate the development of startups in India and to provide them with a competitive platform, the government of India has unveiled a three pronged plan which covers Simplification and Handholding; Funding Support Incentives; and having an Industry – Academia Partnership and Incubation.
Order denying provisional release of seized goods appealable before Tribunal
29 January 2016
Section 110 of the Customs Act empowers a proper officer to seize goods while Section 110A allows an adjudicating authority to provisionally release seized goods pending the order of the adjudicating authority.
Customs duty on electrical energy produced in SEZ and supplied in DTA
29 January 2016
The Supreme Court has dismissed the petition filed by the Revenue Department against the judgement of Gujarat High Court in the case Adani Power Limited v. UOI.
United State District Court of South New York – Rules on parody
28 January 2016
Observing that sometimes it is better to ‘accept the implied compliment in parody’ and to smile or laugh rather than sue, the United State District Court of South New York held in favour of the alleged ‘diluter’ of the c.
Trademarks – Composite marks to be compared as a whole
28 January 2016
Considering the principles laid down by the Apex Court in the case of Cadila Healthcare v. Cadila Pharmaceuticals, the Delhi High Court has held that alleged use of the mark BECTODINE by the defendants subsequent to the documented use of the trademark BETADINE by the petitioner, by about 34 years, was fraught with malafide and dishonesty.
WTO members secure Nairobi Package
11 January 2016
WTO members recently concluded their 10th Ministerial Conference in Nairobi by securing historic agreements on a series of trade initiatives.
Circumvention of anti-dumping duty – Time period for change in pattern of trade
11 January 2016
The Court of Justice of the European Union has held the Council Implementing Regulation (EU) No. 260/2013 invalid.
India revises its model BIT text
11 January 2016
India finalised the model Bilateral Investment Treaty (BIT) agreement last month. The first version was seen as pro-State with clauses like those relating to investor responsibilities, provision for the host State to make counter claim, absence of Most Favoured Nation clause and so on.