News Updates
Fevicol v. Tickawoo: Bombay High Court Finds No Prima Facie "Deceptive Similarity" In Logos, Grants Interim Relief For Certain Products
The Bombay High Court recently held that there is no prima facie deceptive similarity between Fevicol manufacturer Pidilite Industries’ logo having two elephants against backdrop of a sunset and Chiripal Industries’ logo having containing word Tikawoo with the device of a rhino against the backdrop of sun.“Merely because Sun is shown in the background of the image of a Rhino in the...
Delhi High Court Dismisses Plea Of Invalidity Against BK's Registered Trademark ‘Burger King’
The Delhi High Court has dismissed a claim of invalidity against Burger King Corporation (BKC)'s registered trademark ‘Burger King’.In response to a trademark infringement suit filed by the Burger King Corporation in 2018, the defendants had argued that BKC's registered trademark is liable to be cancelled. The court considered whether the case of the defendants on this account is "prima...
Constitution Is Stronger Now Because Of Kesavananda Bharati Judgment : Justice BV Nagarathna
Supreme Court judge Justice BV Nagarathna said that the Constitution of India is stronger now because of the Kesavananda Bharati judgment, which laid down the basic structure doctrine. She opined that the basic structure doctrine is a fine example of transformative Constitutionalism. These comments assume relevance in the wake of the renewed debate on the basic structure doctrine after...
Can Seek Anticipatory Bail Even Before Filing Of FIR If Reasonable Apprehension Of Being Arrested Is Present: Allahabad HC
The Allahabad High Court has observed that anticipatory bail can be sought by a person if he has a reasonable belief that he may be arrested, even though an FIR regarding the alleged non-bailable offence is not yet registered against him.The bench of Justice Nalin Kumar Srivastava however added that the law does not permit a person to seek anticipatory bail on merely vague assertions in...
The Amount Which Is Lower Of Unabsorbed Depreciation And Business Loss Will Be Set-Off Against Book Profits: ITAT
The Delhi Bench of Income Tax Appellate Tribunal has clarified the provisions of clause (iii) of Explanation-1 to Section 115JB (2) for computation of book profits for taxation. The Tribunal held that amount which is lower between unabsorbed depreciation and business loss deserves to be set off against the current Assessment Year (A.Y.) book profits in terms of the provisions of Income...
When Should Proclamation U/S 82, 83 CrPC Be Issued Against A Person To Compel His Appearance In Court?: Allahabad HC Explains
The Allahabad High Court recently explained as to when a Proclamation under Sections 82, 83 CrPC be issued against a person to compel him to appear before the court be issued. The bench of Justice Rajesh Singh Chauhan decoded the procedure as laid down in the CrPC for the issuance of a proclamation, summons, and arrest warrantsUntangling the intricate procedure laid down in the Code of...
Unrealistic To Expect GST Return Filing Without Actual Commencement Of Business: Orissa High Court Directs Dept. To Process Licence Application
The Orissa High Court has held that the license application should not be rejected only because a GST return has not been filed yet, since it is unrealistic to expect that to happen without the actual commencement of its business.The division bench of Chief S. Muralidhar and Justice G. Satapathy has observed that unless the petitioner is issued a license and is able to commence its business,...
Dept. Vacillating Whether Goods Were In Transit Or In Godown: Calcutta High Court Directs Refund Of Penalty
The Calcutta High Court has directed the refund of the penalty and held that the department was vacillating between Sections 67 and 68 of the GST Act, depending on whether the goods are in transit or in the godown.The bench of Justice Amrita Sinha has observed that initially the authority invoked the provision of Section 67 but thereafter shifted its stand and relied upon Section 68 read...
'Assets',Have Proved To Be `Fictitious’/`Fraudulent’, Created In The`Books Of Accounts’,With An Intent To `Defraud’ The‘Creditors’;NCLAT Chennai
The National Company Law Appellate Tribunal (“NCLAT”), Chennai Bench, comprising of Justice M. Venugopal (Judicial Member) and Shri Naresh Salecha (Technical Member), while adjudicating an appeal filed in Mr. Shibu Job Cheeran & Ors. v Mr. Ashok Velamur Seshadri, has held that for an application under Section 66 of IBC to succeed, it must be proved that (i) Directors participated...
IBBI Revises Format For Serving Copy Of Application To Board
The Insolvency and Bankruptcy Board of India (“IBBI”) has issued a Circular dated 04.03.2023, revising the format in which a copy of petition under IBC is to be served to IBBI by the Applicant, before filing of such application for initiation of CIRP. Brief background The Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 obligates an applicant...
Any Attempt To Vilify Judges Without Any Reasonable Basis Can’t Be Permitted: Delhi High Court Imposes ₹50K Costs On Lawyers' Body
While dismissing a plea challenging re-appointment of Justice (Retd.) K.S. Ahluwalia as Chairperson of Railway Claims Tribunal with a cost of Rs. 50,000, the Delhi High Court has said that any attempt to vilify judges without any reasonable basis cannot be permitted.Justice Prathiba M Singh rejected the plea moved by Rail Dawa Bar Association, Lucknow, seeking direction on Central Government...
NCDRC Reiterates The 3 Duties A Doctor Owes To The Patient: Whether To Undertake The Case; What Treatment To Give; And, Administration Of That Treatment
The National Consumer Dispute Redressal Commission (NCDRC) bench comprising Dr. S.M. Kantikar as presiding member partly allowed an appeal filed by the appellant hospital alleging that there was no negligence on the doctor’s part while performing the flap surgery on the patient/complainant who suffered from extreme burn injuries on his arm. The Commission observed that the doctor failed...