NEWS

21 September 2022

Resolution Plan ignoring dues of State Government/Legal Authority to be rejected

The Supreme Court has held that if the Resolution Plan ignores the statutory demands payable to any State Government or legal authority, the Adjudicating Authority is bound to reject the same.

No protection under Designs Act even if trademark registration cancelled subsequently

In a case where the plaintiff had made a simultaneous claim in the shape of its product as a design as also as a trademark, the Delhi High Court has agreed with the defence of the defendant that the design of the plaintiff was incapable of being registered.

IBC prevails over Customs Act – Customs cannot recover dues once moratorium imposed

A 3-Judge Bench of the Supreme Court in its judgment dated 26 August 2022 has held that the provisions of the Insolvency and Bankruptcy Code, 2016 will prevail over the provisions of the Customs Act, 1962.