News

We understand the constant need to stay informed about the latest developments in your field. In this section, we curate the most relevant and impactful updates covering developments in various laws.

Trademark disparagement – Comparison pointing out deficiency of rival product slanderous and mischievous

Applying the Delhi High Court decision in the case of Reckitt Benckiser (India) Pvt. Ltd. v. Hindustan Lever Limited [151 (2008) DLT 650], the Calcutta High Court has held that an advertisement claiming that Baidhyanath Chyawanprash Special is ‘enriched with 52 Ayurvedic herbs’ whereas ‘ordinary Chyawanprash’ are made ‘with 42 ingredients only’, is disparaging.

Read More

Purchaser of goods/services can also be an operational creditor

The Supreme Court of India has rejected the contention which sought to narrowly define operational debt and operational creditors under the Insolvency and Bankruptcy Code, 2016 to only include those who supply goods or services to a corporate debtor and exclude those who receive goods or services from the corporate debtor.

Read More

Indian Union Budget 2022 proposes a scheme for taxation of virtual digital assets

Presenting the Union Budget 2022, the Finance Minister of India has on 1 February 2022 proposed a new scheme to provide for taxation of virtual digital assets.

Read More

Words ‘Renaissance’ and ‘Sai Renaissance’ are phonetically as well as visually similar – Confusion to be presumed in infringement action when marks and goods/services identical

The 3-Judge Bench of the Supreme Court of India has set aside the High Court decision which in turn had set aside the Trial Court decision holding that the ‘Renaissance’ mark of the plaintiff would be eligible for protection under Section 29(2)(c) read with Section 29(3) of the Trade Marks Act, 1999 against use of the mark ‘Sai Renaissance’ by the defendant, for the same hotel and hospitality services.

Read More

Faceless Assessment Scheme does not mean no personal hearing – Word ‘may in Section 144B(7)(viii) should be read as ‘must’ or ‘shall’

The Delhi High Court has opined that a faceless assessment scheme does not mean no personal hearing. The Court in this regard was of the view that where an action entails civil consequences, observance of natural justice would be warranted. It held that unless the law specifically excludes the application of natural justice, it should be taken as implanted into the scheme.

Read More

TED refund on supplies to EOU by DTA unit – DGFT to refund TED paid in cash

The 3-Judge Bench of the Supreme Court of India has recently held that the responsibility of refund of Terminal Excise Duty (‘TED’), in case of supplies to an Export Oriented Unit (‘EOU’) unit by a Domestic Tariff Area (‘DTA’) unit, in reference to applicable Foreign Trade Policy (‘FTP’), would be that of the authority responsible to implement the FTP under the Foreign Trade (Development and Regulation) Act, 1992.

Read More

Biological diversity Act sought to be amended – Bill proposed in Lower House of Indian Parliament

A Bill to amend the Biological Diversity Act, 2002 has been proposed in the Lower House (Lok Sabha) of the Indian Parliament.

Read More

Copyrights – Assignee to copyright cannot grant license without being a copyright society

The Madras High Court has held that assignee of the copyright is not legally permitted to issue or grant license under the Copyright Act, 1957 without being a copyright society under the said Act as contemplated under its Section 33.

Read More

Invisible use of trademark as keyword is also prima facie ‘use’ under Section 29 – Google cannot absolve itself from the liability

The Delhi High Court has held that invisible use of trademark to divert the traffic from proprietors’ website to the advertisers’ / infringers’ website shall prima facie amount to ‘use’ of the mark under Section 29 of the Trademarks Act, 1999, which includes Section 29(6) and 29(8) related to advertising.

Read More

Guidelines under Section 194O, 194Q and 206C of Income-Tax Act, 1961

The Central Board of Direct Taxes (CBDT) has issued a new set of guidelines on 25 November 2021 with respect to the provisions relating to newly inserted Sections on Tax Deduction at Source (TDS) and Tax Collected at Source (TCS).

Read More
 

Browse News