News
Foreign award cannot be enforced in absence of arbitration agreement
06 一月 2017
The present case was filed before the High Court of Delhi with regard to the enforcement of an arbitral award. The case dealt with two companies involved in the sale of palm oil that were at a preliminary stage of negotiations.
Qualitative or Quantitative tests not relevant to determine fair use
22 十二月 2016
In the decision dated 16-9-2016, a Single Judge Bench of Delhi High Court had held that reproduction of any copyrighted work by the teacher for the purpose of imparting instruction to the pupil as prescribed in the syllabus during the academic year would be fair use within the meaning of Section 52(1)(i) of the Copyright Act and hence would not amount to infringement.
Design infringement – minor variations are not sufficient defence
22 十二月 2016
Bombay High Court has, in a case of design infringement and passing off, granted an interim injunction order in favour of the plaintiffs. The case pertained to a design registration on copper tubes obtained by the plaintiffs, which the defendants, who were previously associated with the Plaintiffs, were allegedly infringing.
Trademark – No confusion even if marks have equal number of letters, begin and end with same letters
22 十二月 2016
Bombay High Court on 21-11-2016 has denied interim injunction in favour of the plaintiffs in a trademark infringement and passing off suit in a dispute in respect of the registered trade mark of the Plaintiff “ESBEDA” which was used in respect of designer leather products such as handbags, luggage, purses and wallets.
No liability on bank to pay purchase tax for accepting EXIM Scrips
15 十二月 2016
The Supreme Court of India has held that State Bank of India is not liable to pay purchase tax for accepting Exim Scrips (Export Import License) or Replenishment licenses on payment of premium.
Insolvency and Bankruptcy – Recent changes
09 十二月 2016
With the notification of the Insolvency and Bankruptcy Code, 2016, on May 28, 2016, matters pertaining to the reorganisation and insolvency resolution of corporate persons, partnership firms and individuals would now be regulated by a specialized regulatory body, i.e. the Insolvency and Bankruptcy Board of India (IBBI).
Foreign investments and enforcement of corporate guarantee
09 十二月 2016
Earlier last year, on May 5, 2015, the Bombay High Court, in its ruling in IDBI Trusteeship Services Limited (Plaintiff) v. Hubtown Limited (Defendant), dealt with the legalities of a foreign investment structure that involved compulsory convertible debentures (CCDs)
Arbitration proceedings commencing outside India – Applicability of new provisions
09 十二月 2016
Delhi High Court has held that Section 26 of the Arbitration and Conciliation (Amendment) Act, 2015 (which states that Amendment Act is not to apply to pending arbitral proceedings) not bars applicability of the said Act to proceedings which commenced outside India.
FDI in pension sector - Foreign Exchange Management Provisions, amended
09 十二月 2016
Pursuant to an amendment to the Consolidated Foreign Direct Investment Policy in June 2016, the Reserve Bank of India, by its Notification dated November 04, 2016, has amended the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) Regulations, 2000 as applicable to the pension sector in India.
Foreign Direct Investment (FDI) in Non-banking Finance Companies
07 十一月 2016
The Reserve Bank of India by its Notification dated September 9, 2016, amended the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) Regulations, 2000.