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Newsletter
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Corporate Law

April 8, 2024

Critical changes in FDI, Competition Law, SEBI’s new guidelines, Direct Listing provisions, and RBI clarifications on AIF investments.

India Opens Space Sector for Foreign Investment India’s Union Cabinet recently approved a significant amendment to the Foreign Direct Investme...

Arbitration

March 8, 2024

Expanding Horizons: Court’s Stance on Arbitral Authority and Damages

The legislative intent while drafting the Arbitration and Conciliation Act, 1996, was to narrow the ambit of the Courts while considering appeals f...

IPR

February 16, 2024

IPR Legal Update: Navigating Recent Copyright and Patent Law Developments in India

Novex Communications Pvt Ltd. Vs Trade Wings Hotels Ltd (Commercial Suit No. 264 of 2022) and Phonographic Performance Ltd. V/s Bunglow 9 and 99 Or...

Corporate Law

January 2, 2024

Latest Corporate Law Insights:

PART-A: COMPANY LAW UPDATES MCA notifies the Companies (Management and Administration) Second Amendment Rules, 2023 The Ministry of Corporate A...

Arbitration

December 7, 2023

Shaping India’s Legal Fabric

In the 90 years of his lifetime, Mr. D.C. Singhania was known to be a philanthropist, educator and most importantly a visionary. In these 65 years ...

Arbitration

October 10, 2023

Insightful Exploration into Recent Arbitration Cases in India – Sep & Oct 2023

The Supreme Court of India holds that the power of the court to modify an award is limited to the terms as prescribed under section 34 of the Arbit...

Arbitration

August 5, 2023

RECENT LANDMARK RULINGS IN ARBITRATION

Introduction When one enters into a governmental contract, more often than not, it is a standard template with a standard dispute resolution claus...

IPR

September 14, 2023

IPR Spotlight: Key Judgements from July & August in India

Google LLC v. DRS Logistics (P) Ltd. 2023 SCC OnLine Del 4809:FACTSDRS Logistics (P) Ltd. (DRS) is a company that provides carriage for goods, pass...

IPR

July 12, 2023

IPR NEWSLETTER JULY 2023

CASE TITLE -Super Cassettes Industries Private Limited Vs. RBEP Entertainment Private Limited and others COMMERCIAL IP SUIT NO.464 OF 2022Along wit...

Shipping

June 21, 2023

Why Shipping Companies cannot afford to Ignore Environmental and Social Responsibilities

In an era marked by increasing concerns over environmental, social, and governance (ESG) issues, shipping companies find themselves at a crossroads...

IPR

May 29, 2023

IPR NEWSLETTER MAY 2023

CASE TITLE - Indian Performing Right Society Limited vs. Rajasthan Patrika Pvt. Ltd. and Indian Performing Right Society Limited vs. Music Broadcas...

IPR

March 27, 2023

Delhi High court adopts a broader interpretation to amend the claims as originally filed in the Patent application

CASE TITLE – Allergan INC vs Controller of Patents, C.A. (COMM. IPD-PAT) 22/2021, FACTS OF THE CASE – Hon’ble Delhi High Court has overturned an or...

IPR

February 14, 2023

FAQs – ARBITRATION OF IPR DISPUTES IN INDIA

Globalisation, advancement of technology and innovation, and creation of world renowned brands, has made dispute resolution of IPR disputes more co...

IPR

January 17, 2023

IPR DEVELOPMENTS – 2022

There is no infringement of trademarks when the marks are derived from the active ingredient of a drug In the case of “Sun Pharmaceutical Laborato...

IPR

December 13, 2022

Delhi High Court grants an ad interim ex parte order to protect Amitabh Bachchan’s Personality rights

CASE TITLE Amitabh Bachchan v. Rajat Nagi [CS (COMM) 819 of 2022], FACTS OF THE CASE The brief facts of the case are that the defendant was usi...

Arbitration

January 3, 2023

Top 10 developments in ADR in India – 2022

Arbitration as a method of dispute resolution has only been growing from strength to strength in India and has been firmly established as an altern...

Arbitration

November 8, 2022

Arbitration can be invoked in respect of claims that are designated as Notified Claims

M/S Janta Associates & Co. Vs. Indian Oil Foundation & Anr.Petitioner – M/s Janta Associates and Co. Ktd. (JACL)Respondent 1 – Indian Oil F...

IPR

October 17, 2022

Delhi High Court held that the Competition Commission of India’s jurisdiction was not ousted by a complaint related to the licensing of patents

Date of decision – 28th July 2022 FACTS OF THE CASE - An informant filed a complaint against Vifor International Ltd. (Vifor) before the Competit...

Shipping

September 23, 2022

No liability can be fixed on a shipowner for bunker supplies when he is not a party to the contract.

Applicant – Original defendant, owner of vesselOpponent – Original plaintiff, bunker supplierDate of decision – August 21, 2020Facts of the case:In...

Arbitration

September 7, 2022

Priya Malay Sheth vs. VLCC Health Care Ltd

Citation: Commercial Arbitration Application No. 3094 of 2022 Facts of the case: The application before the Bombay High Court is a S. 11 applicat...

IPR

August 3, 2022

Distinctive elements in an advertisement campaign can get protection under IP Laws

The Hon’ble Delhi High Court held that an advertising campaign can be granted protection under Intellectual Property Laws, if the elements in the s...

Arbitration

July 5, 2022

Cox and Kings Limited v. SAP India Private Limited And Anr

Citation: ARBITRATION PETITION (CIVIL) NO. 38 OF 2020Judgement Date: 06.05.2022Facts of the case:Applicant (Cox and Kings Limited) and Respondent n...

IPR

June 4, 2022

Trademark application for the slogan “Party Like Gatsby” gets rejected in Singapore

The Intellectual Property Office of Singapore rejected the Ex parte hearing of Trademark application for the slogan “PARTY LIKE GATSBY” as the sl...

IPR

June 3, 2022

Protection for individual words used in a registered trademark

The case of HAMDARD NATIONAL FOUNDATION (INDIA) & ANR. vs. SADAR LABORATORIES PVT. LIMITED, also known as ROOH AFZA vs. DIL AFZA, is a classic ...

Arbitration

May 9, 2022

Gujarat Housing Board & Anr. VS. Vandemataram Projects Private Limited

Citation - Civil Appeal No. 2093/2022Judgment date - 21.03.2022Facts of the case:In the month of January 2018, the Gujarat Housing Board ("Appellan...

IPR

April 6, 2022

Trade Marking The Golden Foil Wrapper Of Lindt’s Chocolate Bunny

One of the products of the Lindt and Sprüngli group (Plaintiff) is the "Lindt-Goldhase" (Lindt Gold Bunny). It is a sitting chocolate bunny wrapped...

Arbitration

March 9, 2022

UHL Power Company Ltd. Vs. State of Himachal Pradesh

Facts of the case: A sole arbitrator had awarded a sum of Rupees 26,08,89,107.35/- in favour of UHL Power Company Ltd. (“UHL”) towards expenses cl...

IPR

February 11, 2022

Determination of territorial jurisdiction of Court in matters relating to trademark infringement

Delhi High Court | Copenhagen Hospitality and Retail v. A.R. Impex In recent matter of Copenhagen Hospitality and Retail v. A.R. Impex it is held...

Dispute Resolution

January 10, 2022

Sripati Singh VS. State of Jharkhand and Anr. (2021 SCC Online SC 1002)

Facts of the case:In the case on hand, the Appellant advanced a sum of INR 2 Crores to the Respondent No. 2 as a loan who had assured that the same...

IPR

December 4, 2021

Latest cases on Copyright laws and proposals on IPR

Newslaundry’s YouTube channel was taken down after India Today reported a 'copyright violation.' News laundry, who is an independent news media o...

IPR

December 3, 2021

Latest updates on Indian Trademark Law

Breezer v. Freez Mix The Delhi High Court on 12th November 2021 granted interim relief to alcohol manufacturer Bacardi (plaintiff) in a trademark ...

IPR

November 25, 2021

Well-known trademarks enjoy enhanced protection

The Italian Supreme Court, in a matter relating to trademark infringement of the popular brand ‘Gucci’ has put forth the opinion that, it makes no ...

Arbitration

November 8, 2021

November Arbitration Newsletter

S.P. Singla Constructions Private Limited V. Construction And Design Services, Uttar Pradesh Jal Nigam [ARB.P. 450/2021] FACTS:The parties had ente...

IPR

October 8, 2021

Amul Succeeds in waving its flag of Victory in Canada

Marking a first for India's dairy giant Amul, the Canadian Federal Court on June 22, ruled in its favour that a brand named 'Amul Canada' had infri...

Shipping

September 29, 2021

Bombay High Court Resolves the Conflict between Admiralty and Insolvency Law

IntroductionThe Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 (“Admiralty Act”) is a special law which aims to consolidate t...

Dispute Resolution

September 7, 2021

Parties To A Foreign Arbitration May Apply For Interim Relief Under Section 9 Of The Arbitration & Conciliation Act Unless Expressly Excluded By Parties

In the case of Medima Llc V. Balasore Alloys Limited [AP/267/2021]The Parties to the case had entered into an agreement which laid down that the di...

IPR

August 10, 2021

Two different patents cannot be awarded to same patent: Delhi High Court

A Division Bench of the Delhi High Court, in AstraZeneca Ab v. Intas Pharmaceuticals Ltd., dismissed the appeals made by the appellant against the ...

Arbitration

July 12, 2021

A New Retrospective Taxation Claim Launched Against India

Earlyguard, a British subsidiary of the Japanese conglomerate Mitsui & Co, has commenced Arbitration against India, under the India-UK Bilatera...

IPR

June 8, 2021

USA supports waiver of IP protections for Covid-19 vaccines

In a reversal of stance, the American government announced its support for waiver of IP protections on Covid-19 vaccines on 5th May 2021. The gover...

Arbitration

May 5, 2021

India Challenges the Cairn Arbitration Award

On December 21, 2020, the International Arbitral Tribunal in the case of Cairn Energy PLC and Cairn UK Holdings Limited v. The Republic of India, h...

IPR

April 4, 2021

Transferring the IPAB Jurisdiction to commercial courts! Will it ensure speedy justice?

A draft bill has been introduced in the Lok Sabha which proposed to close down the Intellectual Property Appellate Board (IPAB) for good. The Tribu...

Arbitration

March 9, 2021

Non Payment of stamp duty on the commercial contract will not invalidate the arbitration agreement

In a significant development, Hon’ble Supreme Court has held that non- payment of stamp duty on the commercial contract will not invalidate the arb...

IPR

February 23, 2021

After saffron, J&K seeks GI tag for gucchi mushroom

A Geographical Indication tag has been sought for Gucchi, also known as Morel, one of the world’s most expensive mushrooms growing in Kashmir’s Dod...

Arbitration

January 1, 2021

Arbitration judgments passed by Indian courts in Nov and Dec 2020

In a significant development, Hon’ble Supreme Court had held that Landlord- tenant disputes under Transfer of Property Act are arbitrable. While it...

IPR

December 2, 2020

This time the tussle is over Basmati Rice

Even amidst these challenging times, the world has been witnessing incredible advances in science, technology and innovation. There is news that a ...

Arbitration

November 22, 2020

Newsletter on Arbitration (October 2020)

In the midst of pandemic, with easing of restrictions, Industries and Companies are trying to get back on the wagon. However, this has also given r...

IPR

October 3, 2020

Register your trademark – prevent the risk of squatting

Sony Play Station 5’s name has been Trademarked in India, except it wasn’t Sony who is the Applicant When gamers around the world were eagerly awai...

Arbitration

September 22, 2020

New Rules for the Changed World

On 11th August 2020, the LCIA unveiled the long-awaited update to its Arbitration Rules (LCIA 2020 Rules). The LCIA 2020 Rules will become effectiv...

IPR

August 8, 2020

IPR Newsletter

While the world looks forward to unlocking themselves from the lockdown due to Covid-19, the Indian business are also taking steps to safeguard the...

Arbitration

July 21, 2020

Newsletter on Arbitration (June-July, 2020)

In a significant development, the Bombay High Court appointed arbitral tribunal awarded a compensation of ₹4814.67 Crore plus 10% interest from 201...

IPR

July 20, 2020

Newsletter: Intellectual Property Laws

The field of Intellectual Property laws has not been untouched by the raging pandemic. However, the Indian IP Office has been adapting to these cha...

Arbitration

June 21, 2020

Arbitration & COVID-19

The imposition of lockdown has significantly impacted the dispute resolution procedures. Arbitration is considered as more flexible dispute resolut...

FDI

May 4, 2020

Changes notified for Foreign Direct Investment

On 17th April, 2020, Press Note 3 was released by the Department for Promotion of Industry and Internal Trade (DPIIT). Press Note 3 of 2020 revised...

Company Law

May 2, 2020

Company law compliances adapting to these virtual times!

Between May 13-16, 2020, the Finance Minister announced a slew of relief measures to fight through these difficult times. COVID-19 has made it dif...

Reforms

May 1, 2020

India is on a path of reform

India is on a path of reform and the corporate law sector is not untouched from this spirit. The first tranche of the relief package announced by t...

Arbitraton

February 1, 2020

The story of distinction between seat and venue

The Courts exercise supervisory jurisdiction over the arbitration proceedings. This supervision is limited to granting interim measures, appointmen...

IPR

December 20, 2019

India- IPR friendly nation

In the recent times, India has been trying to establish itself as an Intellectual Property Rights (IPR) friendly nation in the world, by defini...

IBC

December 13, 2019

2019: The Changing Dimensions of IBC

The recent developments in the Insolvency and Bankruptcy Code has dynamically changes the way the code shall be governed in the future. The NCLT, N...

IPR

November 20, 2019

IP Law and Growing Technology

India is paving its way ahead in the field of innovation and technology and was recently ranked among the top 15 countries in relation to intel...

Arbitration

October 20, 2019

Recent Judgments in Construction Arbitration

Arbitration is becoming a favored dispute resolution process in the infrastructure sector owing to the complexities of construction disputes. T...

Arbitration

September 20, 2019

Recent Judgements Affecting the Arbitration Regime

The Madras High Court in 2016 held that mere designation of seat by parties does not oust the jurisdiction of other courts. However within few ...

IPR

August 20, 2019

E-commerce platforms restrained from enabling sale of products of ‘direct selling’ companies without their consent

M/s Amway India Enterprises Pvt. Ltd., M/s Modicare Ltd. and M/s Oriflame India Pvt. Ltd. (plaintiffs) filed a batch of seven suits against var...

IPR

Evolving Laws to protect Intellectual Property Rights

In this case Dish TV India Ltd. (plaintiff) had filed a suit for permanent injunction restraining Prasar Bharti (defendant) from infringing the tra...

IPR

August 7, 2019

Copyright protection given to “cinematographic films” is at par with other original works.

Yash Raj Films Pvt. Ltd. (plaintiff) filed a copyright infringement case against Sri Sai Ganesh Productions & Ors. (defendant) alleging tha...

IPR

August 1, 2019

Does copyright exist in a ‘title’ of a literary work in isolation?

A movie titled ‘Kolaiyuthir Kalam’ which roughly translates to ‘Season of Death/Murders’ starring Nayanthara was in dispute not because of its ...

IPR

June 2, 2019

Media Law & Fashion Law in India

Intellectual property law and the law governing the media are rapidly evolving while becoming increasingly complex. In the age of rapid social medi...

Arbitration

April 20, 2019

Recent judgement affecting the arbitration regime

Recently, the Bombay High Court ruled that stamping of document is not necessary for the appointment of arbitrator. However, within few days po...

IPR

March 20, 2019

Intellectual Property Rights: What’s in a name?

The beginning of this year has seen major developments in the IP Sector. From the Cinematograph (Amendment) Bill, 2019, which has introduced pe...

IBC

February 16, 2019

The Insolvency and Bankruptcy Code at work

In 2016, India embarked on its journey of building a dedicated framework for resolving cases involving insolvency and bankruptcy, and in no time th...

Arbitration

January 17, 2019

Arbitration – Institution Rules Update

Hong Kong International Arbitration Centre introduces New Rules The 2013 Hong Kong rules have been revised to add provisions for use of technology ...

Arbitration

January 12, 2019

Issuance of New Rules of the Court of International Commercial Arbitration

Chamber of Commerce and Industry of Romania In Romania, the Rules of the Court of International Commercial Arbitration which are linked with the Ch...

Arbitration

January 5, 2019

Settlement of disputes in Draft Withdrawal Agreement on Brexit

The Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic E...

IPR

January 2, 2019

A paradigm shift – Intellectual Property Rights in India

Last year was driven by introducing new technologies in the IPR circuit in India, the most significant of them all being the proposal of the Contro...

Arbitration

January 1, 2019

Arbitration – Institution Rules Update

Japan Commercial Arbitration issues new sets of Arbitration Rules Japan Commercial Arbitration Association announced issuance of three sets of Arbi...

Arbitration

December 2, 2018

Global International Arbitration Update

In arbitration, the main elements are enquiry, hearing of parties, examination of evidence and adjudication of the dispute. Enforcement of an arbit...

Arbitration

November 3, 2018

Domestic Judgments affecting Arbitration regime of India

If one finds it challenging to enforce a commercial contract, then rest of the aspect of ease of doing business becomes significantly less rel...

IPR

October 12, 2018

Strengthening IPR policy to foster innovation

India has introduced various reforms in the recent years ensuring credibility with the potential investors and strategic partners for encouraging t...

Arbitration

September 6, 2018

Rethinking legislative framework for settling disputes

The Arbitration & Conciliation (Amendment) Act, 2015, did not address certain key issues such as importance of institutional arbitrations a...

Company Law

June 8, 2018

Incorporating more stringent compliances

Corporate Law governs the rights, relations and conduct of persons, companies, organizations and businesses and regulates the interaction between c...

IPR

May 5, 2018

Protecting Intangible Creations

Creating Awareness of IPR This newsletter aims to include the latest updates in the IP segment and recent statutory developments in this regard ...

IBC

April 19, 2018

The Bankruptcy Code is Evolving

In May 2016, India enacted the Insolvency and bankruptcy code, as a major legal reform. The new framework is the time bound process in which ca...

Competition Law

February 2, 2018

Competition Law Framework

The Competition Commission of India (‘CCI’) is a market regulator, it does not decide between parties but rather takes note of an anti-competitive ...

IPR

January 3, 2018

Intellectual Property

Over the years, stringent IPR protection laws have encouraged tremendous foreign investments and efforts in the areas of applied science whereb...

Arbitraton

October 19, 2017

Arbitration and Conciliation (Amendment) Act, 2015

The Arbitration and Conciliation (Amendment) Act, 2015 had brought about prudent modifications in manner of appointment of an Arbitrator, reduc...

IPR

September 19, 2017

Intellectual Property Rights (IPR)

The Intellectual Property Rights (IPR) provides for regulatory framework to safeguard the interest of the entities indulged in creativity and i...

February 21, 2024

Protecting Brands In India And Europe: Comparison Of Trademarks Laws

Recently, India and Europe have bolstered economic ties, fostering increased cross-border business. The European Union stands as India’s third larg...

January 10, 2024

Navigating the Turbulence: Rethinking Aircraft Lease Laws in India on Termination of Aircraft Lease

In the intricate tapestry of India's aviation sector, aircraft leasing emerges as a pivotal yet complex element. Predominantly, airline companies i...

August 3, 2023

A Case for Artist Royalty Rights in India, With EU as a Reference

Introduction: With the advent of the internet, accessibility of music has increased multi-fold creating a highly profitable industry worldwide. Th...

August 4, 2023

Tightening the Reins Too Much? The Unintended Consequences of New Related Party Transaction Rules

In context, where around 70% of listed entities are owned or controlled by promoters, SEBI faces a daunting task in curbing the concerning trend of...

July 29, 2023

Launching Your Venture in India: How Can Our Law Firm Guide You?

Are you eyeing India's thriving market and vast talent pool for your next business expansion? While the potential is immense, setting up shop in a ...

September 8, 2023

Digital Personal Data Protection Act 2023: Comprehensive Guide, Compliance, and Penalties

In an age where information flows ceaselessly, safeguarding personal data has become paramount. The Digital Personal Data Protection Bill of 2023 (...

July 4, 2023

THE DICHOTOMY BETWEEN INSOLVENCY LAWS AND CAPETOWN CONVENTION AMIDST GOFIRST INSOLVENCY

The Indian aviation industry has experienced significant growth over the years, necessitating a robust legal framework to ensure its smooth operati...

May 18, 2023

The Apex Court holds unstamped arbitration agreements to be invalid- A critique!

A five-judge Constitution Bench of the Hon’ble Supreme Court of India in M/s. N.N. Global Mercantile Private Limited v. M/s Indo Unique Flame Limit...

May 15, 2023

Exploring the Due Diligence Process – for independent directors in India

In India, independent directors and their roles evolved as a response to several corporate scandals and frauds in the country in the early 2000s. T...

May 11, 2023

Incorporating a Wholly Owned Subsidiary

The Companies Act 2013 regulates the incorporation and operation of companies in India, including wholly-owned subsidiaries. Here are the general s...

May 10, 2023

“Creative India-Innovative India”

India gearing towards a progressive Intellectual Property Rights Regime Introduction India being a developing country has been experiencing rapi...

March 15, 2023

UNDERSTANDING DUE DILIGENCE IN REAL ESTATE IN INDIA

Due diligence is a comprehensive and systematic investigation or audit of a person, company, or asset before entering into a business transaction o...

January 6, 2023

Sister Ships, Associate Ships and their Arrest for Maritime Claims

Imagine yourself in a situation where a ship has caused you a great deal of damage. As a claimant, your recourse against the ship owner would be ve...

December 8, 2022

Decision of Supreme Court of India on Privatization of Delhi & Mumbai Airports

This decision of Supreme Court of India deals with an important aspect of privatization of airports and revenue sharing formula as prescribed by th...

November 28, 2022

Growing Business in India: Taking things beyond Liaison office

A Liaison Office (“LO”), also known as a representative office, can only carry out liaison activities, i.e., it can serve as a communication link b...

September 20, 2022

Perils of International Trade – Use of Bill of Lading for Sale of Goods

Introduction Economic integration is one of the reasons behind growing international trade. Maritime transport is one such trade facilitator that e...

August 5, 2022

Funding Foreign Subsidiaries In India through External Commercial Borrowings

Introduction Since liberalisation of Foreign Direct Investment (FDI) during 1980-91, India has seen sharp increase in investments through a bundle...

June 7, 2022

Legal Reforms to implement and expedite S. 138 of NIA cases

It is heartening to note that Supreme Court has taken cognizance of the fact that there are millions of cases pending under S. 138 in various court...

May 19, 2022

RIGHTS OF AN ARTIST IN A COPYRIGHT WORK

What is Copyright? Copyright is a bundle of rights given by law to the creators of literary, dramatic, musical and artistic works. Protection by c...

March 31, 2022

EMERGENCY ARBITRATION AND INTERIM RELIEF

Introduction: Emergency arbitration is gaining traction in the field of arbitration. The object of emergency arbitration provisions is to provide ...

March 19, 2022

REMOTE NOTARIZATION OF DOCUMENTS

Notarization is an official process for verifying the authenticity of a document. In India notarization is performed under the Notaries Act of 1952...

March 15, 2022

INCREASE OF DOMAIN NAME DISPUTES DURING THE PANDEMIC

Domain names play a vital role in business because it is being used by the public to identify businesses on the internet as it has become increasin...

February 3, 2022

Union Budget 2022 – 2023

Budget 2022-23 presented by Hon’ble Finance Minister, Smt. Nirmala Sitaraman brought in micro level integral changes to promote macro level economi...

January 4, 2022

PAGDI SYSTEM IN INDIA

The Pagdi system is a traditional tenancy model which is prevalent in India even before the country attained Independence. It was started in the pr...

January 18, 2022

Essential Elements in a Franchise Agreement

One of the most important business decisions that entrepreneurs often grapple with is whether or not to start their own independent business or sta...

December 3, 2021

Digital Avatars : Creation of a Copyright in a Game

The growth of technology and computers has led to the establishment of certain eminent industries that would have otherwise been unforeseeable. One...

November 17, 2021

Warehousing in India

Warehousing is one of the most important components of the logistics chain. It plays a significant role in storage of goods and merchandises at var...

November 9, 2021

Bharat Matrimony Wins Yet Another Trademark Battle Over Deceptively Similar Domain Name

INTRODUCTION: On 6th October, 2021, recently, Hon’ble Dr. Justice GJ Jayachandran of the Madras High Court determined that the defendant, Silicon ...

November 8, 2021

Who’s Liable: The Company or its Directors: Landmark Supreme Court Judgment

Introduction On 27 September, 2021, a division bench of the Supreme Court of India (“Apex Court”), comprising of Hon’ble Justice M.R. Shah and Hon...

October 30, 2021

CHALLENGES IN CORPORATE GOVERNANCE IN INDIA POST PANDEMIC

IntroductionThe COVID-19 pandemic has thrown up a number of challenges in the functioning of businesses and impacted the working of companies acros...

October 26, 2021

Indian Insolvency Law and Pre-Pack Insolvency Resolution Process: An Analysis (Part-2)

Comparative Analysis The concept of pre-packaged insolvency resolution mechanism is not a new one as it is a huge success in other jurisdictions l...

October 25, 2021

Indian Insolvency Law and Pre-Pack Insolvency Resolution Process: An Analysis (Part-I)

Introduction The Pre-Packaged Insolvency Resolution Process (“PPIRP”) was introduced in India vide the Insolvency and Bankruptcy (Amendment) Ord...

October 8, 2021

Important Clauses in a Trademark Licensing Agreement

Licensing of trademarks is one of the most common ways of monetising one’s intellectual property. Companies, by licensing trademarks owned by them,...

October 6, 2021

DISCRIMINATION OF NON-CONVENTIONAL TRADEMARK: SOUND AND SMELL TRADEMARKS WHETHER REGISTRABLE OR NOT UNDER THE PRESENT TRADEMARK LAWS

AIM:This article aims to examine Indian trademark law regime and the possibility for trade marking of sound and smell.INTRODUCTION:In the eyes of t...

September 29, 2021

Maha RERA : New Guidelines regarding hearing of complaints

‘Adjournments are often granted at the drop of hat’ In an attempt to facilitate speedy dispute redressal between builders and home buyers, Maharas...

September 13, 2021

The Drone Rules 2021: India gears itself for the next technological revolution

The Indian Government released the draft of The Drone Rules, 2021(“Drone Rules”) in July, 2021 with an aim to strike a balance between safety and o...

August 21, 2021

Insights into the New Draft Guidelines for Surrogate Marketing

Surrogate advertising is used to endorse a brand or product, that is otherwise restricted, in the disguise of a substitute product or brand extensi...

August 16, 2021

Who will have the legislative power over ‘Cooperative Societies’?

Case Law Updates: Union of India v. Rajendra N Shah & Anr. (Civil Appeal No(s). 9108-9109 of 2014) Supreme Court Judgment dated 20/07/2021Factu...

July 30, 2021

COMPULSORY LICENSING OF ESSENTIAL DRUGS AMIDST THE PANDEMIC

The question of compulsory licensing of essential drugs has come to the fore in light of the recent shortage of drugs following the surge in COVID-...

June 28, 2021

PERSONAL GUARANTORS/PROMOTERS FACE UNCERTAINTY IN LIGHT OF LANDMARK SUPREME COURT RULING

INTRODUCTION The Supreme Court, in Lalit Kumar Jain vs Union of India 1 has upheld resolution proceedings against personal guarantors. Let us try t...

June 10, 2021

The Model Tenancy Act, 2020: A blessing for homeowners and developers

On 2nd June, 2021 the Union Cabinet gave ascent to the Model Tenancy Act (MTA) for circulation to the states and union territories for adoption. Th...

May 27, 2021

KEY LEGAL ISSUES AFFECTING BRANDS

Branding is a process of creating a strong, positive perception of your company, and its products in your customer’s mind by combining elements suc...

May 12, 2021

Does ODR Herald a New Age of Dispute Resolution in India?

The functioning of Courts in India has been severely affected by the Covid-19 pandemic. Increasingly, courts are only taking up urgent matters for ...

May 5, 2021

HOW IMPORTANT IS IT TO REGISTER TRADEMARKS INTERNATIONALLY?

Haldiram is the latest addition to the ever-growing list of victims of international trademark infringement. They have filed a suit in the US distr...

April 4, 2021

Anti-Counterfeiting for Pharmaceuticals in the Pandemic Times

Counterfeiting becoming a common practice in developed countriesThe act of counterfeiting is to fraudulently imitate something genuine or bona fide...

March 30, 2021

‘Keeping Up With The (Trade) Secrets’

While patent law offers strong protections for proprietary inventions, obtaining a patent requires establishing that the invention is novel, non-ob...

March 26, 2021

Information Technology (The Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021: Is it the way forward?

There have been a slew of cases filed in different High Courts across India, challenging the recently notified Information Technology (The Intermed...

February 23, 2021

Dispute Resolution – Critical Role of Solution – Oriented Approach

The construction industry is the second largest industry of the country after agriculture. It makes a significant contribution to the national econ...

January 13, 2021

Landlord – Tenant Disputes: Arbitrable?

In the recent times, there has been tremendous debate regarding the arbitrability of disputes. Interminable, time consuming, complex, and expensive...

December 15, 2020

Legal Remedies For Home Buyers:

Authors: Krrishan Singhania, Managing Partner and Founder; Srishti Singhania, Senior Associate; and Kush M Shah, Trainee; K Singhania & Co., Ad...

November 24, 2020

Follow MSME Act procedure; no write

A firm with a grievance should not rush to the high court when there is an efficacious remedy under the Micro, Small and Medium Enterprises Develop...

November 20, 2020

Trademark squatting derails PS5 console launch in India

Celebration bells are ringing all around the world! But it looks like that those into gaming world have all the more reason to celebrate. Sony’s mu...

October 1, 2020

LCIA Arbitration 2020 Rules: New Rules for the Changed World

On August 11, 2020, the London Court of International Arbitration (“LCIA”)revised its arbitration rules (“LCIA 2020 Rules”). These Rules will come ...

September 29, 2020

Third Party Funding Of Arbitration Disputes In India: Regulation Required

With the advent of COVID-19, an unprecedented economic slowdown has occurred, and the companies are struggling to maintain their cashflow. In such ...

August 13, 2020

Damages Claims in Construction Disputes

Damages in simple terms means the financial harm suffered by one party due to the breach of the contract by the other party. In construction projec...

August 2, 2020

National E-commerce Policy: AN Analysis

The Draft National E-Commerce Policy (“Policy”), released on 23 February 2019 by the Department for the Promotion of Industry and Internal Trade (“...

August 1, 2020

Need of Technical Tribunal Secretary in Virtual Arbitration

There is considerable public discourse on the impact of the ongoing pandemic on international arbitrations. Commentators, scholars & practition...

July 3, 2020

IBC (Amendment) Ordinance, 2020: A Relief To The Distressed Corporate Sector

Impact of the Amendment of Insolvency and Bankruptcy Code 2016 on the Indian MSME sector, increasing default amount for initiation of Corporate Ins...

June 29, 2020

Virtual Hearings in arbitrations in India

With the advent of Covid-19 pandemic, and the consequent lockdown imposed by the Indian government, it may be imprudent or even practically difficu...

May 20, 2020

Optimists See Silver Lining on the Flipside of Pandemic

Covid-19 might have put the world in a miserable spot, but optimists have already spotted light even when the tunnel is yet to be crossed. Back hom...

April 6, 2020

Impact Of COVID-19 On Litigation & Arbitration

The world is facing an unprecedented challenge due to the Coronavirus disease (“COVID-19”). Amongst other things, the COVID-19 has also impacted th...

March 31, 2020

COVID-19: Whether Companies can see it as a silver lining?

March 30, 2020

The measures of the Indian IP Office in wake of COVID-19 outbreak

The outbreak of COVID -19 has created uncertainties around the world and no sphere of our lives seems to be unscathed. The governments, internation...

February 1, 2020

Maharashtra IT / ITES Policy 2015

Maharashtra announced its first Information Technology Policy in 1998, which was followed by the Information Technology and Information Technology ...

January 16, 2020

Splitting of top roles deadline postponed, provides resurgence to India Inc.

A surge of relief washed over India Inc. as the Markets regulator Security Exchange Board of India (SEBI) deferred by two years to April 2022 (thro...

December 31, 2019

Rise In Frauds: A Matter Of Concern

There has been a scary rise in the number of frauds that have come to fore in recent times. The Indian Economy has been highly shaken by the recurr...

October 19, 2019

Bala v. Ujda Chaman:

The contours of originality under the Indian copyright law will be put to test again as the two popular Bollywood movies, Ayushmann Khurrana’s “Bal...

August 14, 2019

Trust in India’s ‘Growth Ambassadors’ –

India, in 2013, under the United Progressive Alliance (UPA) regime had enacted section 135 of the Indian Companies Act which prescribes that the co...

July 17, 2019

Personality Rights Law In India

With great popularity comes its own set of rights commonly known as personality rights. Personality rights are typically associated with people who...

June 18, 2019

Arbitrability Of Torts In India

Arbitration is a creature of contract. Generally disputes relating to rights in personam are considered to be arbitrable and disputes pertaining to...

May 17, 2019

SC strikes down RBI Circular

The Hon’ble Supreme Court in the matter of Dharani Sugar and Chemicals Ltd. vs. Union of India (“the Judgment”) on 2nd April 2019, quashed the much...

January 10, 2019

NSEL scam – Brokers CONUNDRUM

The National Spot Exchange Limited (NSEL) which was incorporated pursuant to the Government of India’s vision to create a single market across the ...

July 3, 2018

Integrating Foreign Investments in India

For a country where capital is not readily available, Foreign Direct Investment (FDI) has been an important source of funds for companies. Under FD...

June 18, 2018

Binani Cement Insolvency:

The Insolvency and Bankruptcy Code, 2016 (hereinafter referred as “Code”), a legislation with dynamic features, underwent many key changes to benef...

May 5, 2018

Curbing the “CRYPTO” Assets

“The Government does not consider cryptocurrencies as legal tender and will take all measures to eliminate use of these crypto-assets in financing ...

April 16, 2018

Data Privacy:

The recent revelation from the data breaches has raised awareness about the absence of provisions governing protection of personal information in t...

March 20, 2018

A New Law to seize the assets

The Union Cabinet has approved the Fugitive Economic Offenders Bill to deal with those who escape overseas after committing financial malpractices,...

January 9, 2018

Well Known Mark:

The Trade Marks Rules, 2017, has -implemented certain significant changes in the procedural aspect of declaring a trademark to be a well-known mark...

November 24, 2017

Crucial Role Of Legal Audit

The fundamental idea lying behind the concept of Legal Audit is that “Prevention is better than cure”. One should work to hinder something erroneou...

October 26, 2017

Register the trademark as “Well Known”

In a significant development to improve India’s intellectual property regime, rules for registering trademarks have been simplified. This is a step...

September 14, 2017

Recent Judicial Pronouncements In IP

The topical increase in the issues relating to infringement of the intellectual property has burdened the Courts to address these with the insisten...

August 24, 2017

Right to Privacy declared as a Fundamental Right

In a landmark judgment that will impact the lives of 134 crore Indians, a nine-judge Supreme Court Constitutional bench declared “ Right to Privacy...

August 23, 2017

Judicial Dichotomy

The recent judicial pronouncement of the Supreme Court in the case of Excel Crop Care Ltd. vs. Competition Commission of India (CCI) & Ors., em...

August 17, 2017

GST – its impact on Trademark

Shortly after the Goods and Services Tax (GST) was enacted on July 1, 2017, the Ministry of Finance informed that 5 % will be charged on “branded i...

June 29, 2017

FIPB Abolished

The 24th of May, 2017 was a turning point in the history of Foreign Direct Investment (FDI) of India as it was the day when the 25 year old Foreign...

May 17, 2017

RERA- A Revolution

The Central Government has enacted The Real Estate (Regulation and Development) Act 2016 for regulation and promotion of the real estate sector, fo...

May 9, 2017

Summons through Whatsapp

In a first, Justice Gautam Patel of Bombay High Court has stated that when the purpose of service is to put the other party to notice and to give h...

April 24, 2017

Copyright Infringement after all?

India’s Best Dramebaaz vs. Sabse Bada Kalakaar The Bombay High Court has refused to grant relief to Zee Entertainment Enterprises Ltd. which claime...

April 11, 2017

New Trade Marks Rules, 2017

The Department of Industrial Promotion and Policy has introduced the Trade Marks Rules, 2017 which has been brought into effect from March 6, 2017....

March 1, 2017

Employment in India

India is one of the fastest growing developing countries in the world, India has the potential and scope for exponential growth in the future and t...

February 16, 2017

Justice Delayed Is Justice Denied

This sums up our judicial system as a whole. It has now become a matter of fact that our Judicial System is anything but perfect and the mere fact ...

November 29, 2016

DEMONETISATION – Emergence of New India

On 8th November 2016, Prime Minister Narendra Modi announced that all currency notes in denominations of Rs. 500 and Rs. 1000 would be rendered ill...

November 26, 2016

NCLT: Changing Dimensions

The concept of establishing a separate judicial body dealing with various activities of companies in India was first introduced in the year 2002, b...

September 23, 2016

International Publishers Lose suit

The Delhi High Court have recently dismissed the suits by a group of international publishers Oxford University Press, Taylor & Francis Group a...

September 22, 2016

“Get alarmed- Few checks on your Builder-

As it is very well said “An ounce of prevention is worth a pound of cure”. Looking at the rising cases of default on the part of the builders, it i...

August 25, 2016

Class Action Suits

August 15, 2016

Copyrighting your Blog

With the coming up of social media marketing, many entrepreneurs have started promoting their goods and services by writing blogs. However, many a ...

June 30, 2016

Stitching up the gaps

Textile Reforms East Asia has witnessed economic prosperity going hand in hand with speedy expansion in apparels exports in the early stages. Focus...

June 29, 2016

Aviation Revamps

Latest Foreign Direct Investment (“FDI”) reforms have made India the most open economy in the world in terms of FDI. Following are some of the impo...

June 17, 2016

GST : A Better Trade Regime

All the stakeholders are eagerly waiting for the monsoon session of the Parliament to commence having a hope that the expected Constitutional (122n...

May 25, 2016

Establishing IP Regime

The digital age, where media can be shared and distributed like never before, has reduced physical barriers, including National borders, and the US...

April 25, 2016

The Commercial Courts Act, 2015

The Make in India wave gripped the nation at a time when India was receiving a lot of flak for having an over burdened legal system plagued by inor...

February 17, 2016

Silver Jubilee of Liberalization:

July 24, 1991. Mr. Manmohan Singh, the then finance minister of a newly elected Congress Government made his inaugural budget speech against the ba...

January 12, 2016

PPPs on the Front Foot

In today’s scenario, the role of Infrastructure acts as a magnet for attracting enormous interest from foreign players spreading a profound impact ...

November 16, 2015

Companies Act 2013, IS IT ABSOLUTE

The Companies Act 2013 was passed, having superfluity of anticipation pro bringing in reformation in corporate legislation. Now the question is, ha...

November 5, 2015

Indian Agriculture in Crisis!

The last two years have seen consecutive droughts across the country. While last year’s monsoon rainfall was deficient by 12% compared to the long ...

September 16, 2015

Crowd Funding

The new found popularity of Crowd Funding or as per SEBI the way of solicitation of funds (small amount) from multiple investors through a web-base...

September 1, 2015

No ban on your favourite two minute noodles!

The Apex Court has ruled in the favour of Maggi lovers and various packaged food items. Maggi which is a staple diet of the youngsters was banned a...

August 29, 2015

Revolutionary boost in India’s energy sector

Aiming to make a bright vision for India’s energy sector in line with the goal of nation building, Indian government policies have adopted a view t...

July 30, 2015

How to fight your bank in a court of law

Nayana Buch, a Mumbai-based advocate, used an HSBC credit card to pay Rs.30,559 for car repair at a fuel station in 2009. The London-based bank add...

July 22, 2015

e-JUSTICE

“Law and order exist for the purpose of establishing justice and when they fail in this purpose they become the dangerously structured dams that bl...

July 21, 2015

From red tape to red carpet

The new government with its innovative reforms is trying its best to revive the economy. India has become a business friendly market for internatio...

June 12, 2015

Not a boil of 2 minutes, Maggi in deep waters!

More than 10 states of India have imposed a ban on the sales of the Maggi brand of instant noodles, owned by Swiss multinational Nestle, after scar...

May 11, 2015

Towards a positive IP mindset

“Today, progress comes from the perfect protection of intellectual property” -Lawrence Lessig The twenty-first century will be the century of k...

Testimonial

What Our Clients Say

“The lawyers at K Singhania & Co. have regularly advised and represented our Company in various legal disputes, relating to recovery of dues from our customers for freight. In most of our cases, they have been successful in helping us recover our dues even before initiating litigation. We appreciate their efficient and effective dispute resolution strategies.We have been given sound legal advice with patience, care and due diligence”

By Mr. Allan Aranjo, Vice President, Hindustan Logistics Pvt. Ltd.

“Our Company has been seeking legal advice from the law firm for about 8 years now. They have been regularly advising us from drafting and reviewing our commercial contracts to representing us in various commercial disputes before the Bombay High Court and National Company Law Tribunals across the country. They have been successful in getting favourable orders for us in our commercial suits and have ensured that our matters are disposed in a timely manner. They have also regularly advised us on our commercial and property matters. ”

By Mr. Nandagiri Raghavendra Rao, Head of Finance & Controlling, Doka India Private Limited

“Best known for its commercial disputes, shipping and construction practices…The firm’s disputes group has specialisations in international commercial arbitration, domestic arbitration, insolvency and bankruptcy, and civil and commercial litigation. Industry sector strengths include shipping, oil and gas, construction and aviation. Offshore, the firm has an alliance with the Dubai office of Goodwins and Russian law firm, Maxima Legal.
Firm founder and managing partner Krrishan Singhania serves as the key contact for all dispute resolution work.
Mr. Krrishan Singhania provides all-in-one solutions and good communication skills.”

By Benchmark Litigation Reviews

“We had initiated criminal proceedings against the opposite party. The opposite party initiated proceedings under Section 482 of the Code of Criminal Procedure, 1973 before the Bombay High Court to quash our criminal proceedings. The Firm has been successful in defending us in the quashing proceedings and arguing that the contractual default was in fact criminal in nature and was a case of cheating. The Bombay High Court gave us an order in our favour and held that the criminal proceedings have to continue in the lower court in Daman. We appreciate the Firm’s support and expertise in helping us win this case.”

By Mr. Pradeep Gupta, Director, Narsingh Dass & Company Pvt. Ltd.

“The Firm has been our legal counsels from 2014 and have assisted us in incorporating our company in India under the Companies Act, 2013. They support us constantly with company secretariat services and by advising us on our legal queries arising out of our day-to-day operations. They also assist us in company law compliances and Reserve Bank of India (RBI) compliances arising out of Foreign Direct Investment (FDI), and in negotiating, drafting and executing various business agreements. The Firm’s legal support is invaluable and it is as if they are working as a part of our organisation. We highly appreciate their accessibility, prompt delivery and practical legal solutions.”

By German Garnacho, Country Head India, Alsina Formwork (India) Private Limited

“We would like to extend our thanks to the law firm for their exceptional service when it came to protecting our intellectual property. They have assisted us in getting our trademarks registered across six different classes and did so in an efficient manner. They constantly intimate us about any conflicting trademarks and have assisted us in filing and defending oppositions. They have acted not only as our lawyers but as our business advisers. It is a pleasure working with them”.