Articles

We stay up-to-date and periodically share insightful commentary and analysis on the legal issues shaping businesses, both domestically and globally. Our opinionised articles offer fresh perspective on current burning issues, thus keeping you ahead of the curve.

Demystifying SPACs Is the time ripe for Indian companies to list on overseas bourses?

Goldman Sachs backed Renew Power - one of India’s largest renewable energy companies, finally announced overseas listing through SPAC after long drawn discussions on raising funds through asset sale or listing through an IPO in India.

3 May 2022

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Passing of an interim order during stay on a suit of infringement proceedings

The article discusses a recent Delhi High Court decision reiterating the principle encapsulated in Section 124 of the Trade Marks Act, 1999 while also clarifying the scope of Section 124(5). The Court confirmed that an interim order can be passed even if the infringement suit has been stayed in view of Section 124. However, the Court stated that in order to analyze whether an interim order can be passed under Section 124(5), it is imperative to look.

26 April 2022

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Dishonest use of a well-known and descriptive trademark amounting to infringement

The article analyses decision of the Delhi High Court which has held that once the Plaintiff has shown that the use by the Defendants is of the exact word i.e., the registered trademark of the plaintiff, and that the goods or services are identical, the Court will necessarily presume that confusion would arise in the minds of the public or consumers as to the origin of the goods or services and accordingly, an interim injunction would have to be issued. The authors state that even though.

26 April 2022

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Discharge of indirect tax liabilities and procedural compliance during intervening period in case of amalgamation/ merger / demerger

The article discusses at length the significance of ‘appointed date’, ‘effective date’ and various clauses of the scheme of amalgamation/ merger/ demerger in the light of indirect tax laws. Elaborating upon the concepts, the author deliberates on a dispute in respect of those transactions which are undertaken between the appointed date and the effective date/till the fresh registration under indirect tax is obtained by the successor in its own name.

25 April 2022

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SEBI tweaks IPO norms: A cautioned approach

The Initial Public Offering (‘IPO’) market has been booming ever since the dawn of 2020. As per the latest EY Global IPO Report, the year 2021 has been the best IPO year since the last 20 years.

21 April 2022

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Crypto taxation in the Finance Act, 2022: The Indian conundrum

In November 2021, the government floated the idea that it was going to introduce ‘The Cryptocurrency and Regulation of Official Digital Currency Bill, 2021’, to lay down a framework for regulating transactions involving cryptocurrency.

19 April 2022

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Obligation of vigilance under Insolvency and Bankruptcy Code, 2016

Vigilantibus, et non dormientibus, jura subveniunt is a noted maxim which means ‘the laws assist those who are vigilant, not those who sleep over their rights ‘ . This is a pertinent principle which applies predominantly while determining if a particular cause of action has been espoused within the limitation period.

6 April 2022

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Merger Control in India : A Review of the Year 2021

Mergers and acquisitions in India reached near an all-time high in the year 2021 after deals worth US $90.4 billion were struck in the first nine months. Of these, a total of 95 combinations were notified to the Competition Commission of India (“CCI”).

5 April 2022

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Standard of review in sunset review investigation – CESTAT shines new light

In a sunset review investigation, the objective of the review carried out by the investigating authority is to determine whether there is a likelihood of continuation or recurrence of dumping and injury upon cessation of Anti-Dumping Duty (‘ADD’). Only if there is a likelihood, can the investigating authority recommend the continuation of ADD.

31 March 2022

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Delhi High Court expounds on Doctrine of Equivalence and parallel import under patent law

In the recent case of Sotefin SA v. Indraprastha Cancer Society And Research Center & Ors a Single Judge of the Delhi High Court granted an interim injunction by restraining the Defendants from making, selling, exporting, or from offering for sale, importing or in any manner directly or indirectly dealing with infringing products namely, ‘Smart Dollies’ that infringed the Plaintiff’s patent IN214088 pertaining to a ‘Carriage for the horizontal transfer of motor vehicles in automatic mechanical

28 March 2022

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Evolving cooperation on facilitating easier cross-border data flows

Transfers of personal data and non-personal data across borders remains an aspect of significant concern and consideration in the growth of digital economies.

25 March 2022

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(In)voluntary payments made during investigations – Perspectives from Bundl Technologies

One of the common woes of an assessee facing an investigation, under the Central Goods and Service Tax Act, 2017 (‘CGST Act’) is that they are often compelled to make payments during the pendency of the investigation, mostly only to buy peace temporarily.

25 March 2022

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Cross-border insolvency – The ever-evolving framework

We had dealt with the draft chapter on Cross Border Insolvency (‘CBI’), proposed to be included within the framework of Insolvency & Bankruptcy Code, 2016 (‘IBC’/ ‘Code’) vide Public Notice dated 20 June 2018, in our previous article featured in August 2018.

24 March 2022

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BOCW Act: Applicability on factories?

The article discusses the applicability of Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (‘BOCW Act’) to factories wherein construction activity for the purpose of expansion or constructing godowns is being undertaken.

24 March 2022

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Disallowance under Section 14A proposed even in absence of exempt income: Tax net tightened in Budget 2022?

Finance Bill, 2022 has brought in certain amendments with an intent to augment revenue and one such amendment is fetched into Section 14A of the Income-tax Act, 1961 (‘Act’).

21 March 2022

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