nishithadmin
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6 June 2018 at 13 : 51 PM
IP Hotline: Victory for Coca-Cola: Delhi High Court grants permanent injunction against use of KINLEY
Read MoreJune 06, 2018 VICTORY FOR COCA-COLA: DELHI HIGH COURT GRANTS PERMANENT INJUNCTION AGAINST USE OF KINLEY This article was originally published in the 25th April 2018 edition of Coca-Cola sought permanent injunction for infringement and passing off of KINLEY mark Court found that defendants used mark dishonestly without Coca-Cola’s authorisation Court issued permanent injunction prohibiting defendants from […]
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4 June 2018 at 18 : 08 PM
Tax Hotline: Contrary Rulings on Whether payments under Distribution Agreements are taxable as Royalty
Read MoreJune 04, 2018 CONTRARY RULINGS ON WHETHER PAYMENTS UNDER DISTRIBUTION AGREEMENTS ARE TAXABLE AS ROYALTY Fees paid under distribution agreements may be categorized and taxed as royalty payments if it involves incidental use of intellectual property. Incidental use of intellectual property, software, confidential information or customer data under distribution agreements could lead to payments made […]
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31 May 2018 at 17 : 33 PM
Corpsec Hotline: Death knell for foreign investors in Indian corporate debt markets?
Read MoreMay 31, 2018 DEATH KNELL FOR FOREIGN INVESTORS IN INDIAN CORPORATE DEBT MARKETS? Minimum residual maturity reduced from 3 years to 1 year Credit Concentration norms for FPI investments included Maximum subscription by a FPI of a single issuance introduced BACKGROUND In 2008, SEBI introduced the SEBI (Issue and Listing of Debt Securities), Regulations 2008, […]
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30 May 2018 at 14 : 59 PM
Tax Hotline: Another damaging GST ruling; AAR levies 18% GST on liquidated damages
Read MoreMay 30, 2018 ANOTHER DAMAGING GST RULING; AAR LEVIES 18% GST ON LIQUIDATED DAMAGES Recently, the Maharashtra Authority for Advance Ruling (“AAR”) in the case of Maharashtra State Power Generation Company Limited (“Applicant”) held that Goods and Services Tax (“GST”) at the rate of 18% would be payable on liquidated damages (“LD”) received by the […]
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29 May 2018 at 15 : 58 PM
Webinar: NDA Series on Insolvency and Bankruptcy Code: Recent Jurisprudence, Issues and Proposed Amendments – Part III
Read MoreMay 24, 2018
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29 May 2018 at 15 : 19 PM
Webinar: NDA Series on Insolvency and Bankruptcy Code: Recent Jurisprudence, Issues and Proposed Amendments – Part III
Read MoreMay 24, 2018
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25 May 2018 at 18 : 31 PM
Recent tax updates (May 21, 2018)
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24 May 2018 at 17 : 11 PM
Dispute Resolution Hotline: Supreme Court makes execution of Arbitral Awards easy and expedient
Read MoreMay 24, 2018 SUPREME COURT MAKES EXECUTION OF ARBITRAL AWARDS EASY AND EXPEDIENT Parties can directly approach the appropriate forum vested with power to execute particular remedies granted in an arbitral award; the enforcement of an award can be initiated anywhere in the country where the decree can be executed and there is no requirement […]
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17 May 2018 at 13 : 16 PM
Dispute Resolution Hotline: INDIA vs. VODAFONE – Tribunal to rule on jurisdiction in multiple BIT arbitrations; A&C Act does not apply
Read MoreMay 17, 2018 INDIA VS. VODAFONE – TRIBUNAL TO RULE ON JURISDICTION IN MULTIPLE BIT ARBITRATIONS; A&C ACT DOES NOT APPLY The Delhi High Court has ruled that: courts in India have inherent jurisdiction to pass anti-arbitration injunction; this jurisdiction was to be exercised only in compelling circumstances where there is no alternate efficacious remedy; […]
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16 May 2018 at 18 : 56 PM
Dispute Resolution Hotline: Amendments to the Commercial Courts Act
Read MoreMay 16, 2018 AMENDMENTS TO THE COMMERCIAL COURTS ACT This article was originally published in the 15th May 2018 edition of Highlights of the Amendment Minimum Value of dispute (pecuniary jurisdiction) reduced to INR 3,00,000/- Commercial courts split in two – (i) District Judge Level & Below District Judge Level Commercial Appellate Courts introduced Mandatory pre-institution […]
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15 May 2018 at 15 : 25 PM
Dispute Resolution Hotline: Another challenge for the judiciary
Read MoreMay 15, 2018 ANOTHER CHALLENGE FOR THE JUDICIARY This article was originally published in the 13th May 2018 edition of A small but very significant change made by the government is in the appointment of judges to commercial courts. For a government that likes report cards, the World Bank’s ease of doing business rankings has been […]
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14 May 2018 at 08 : 13 AM
Fugitive Economic Offenders Ordinance (May 07, 2018)
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11 May 2018 at 15 : 16 PM
Dispute Resolution Hotline: Supreme Court’s dictum on reference of non-signatories to arbitration in domestic arbitrations
Read MoreMay 11, 2018 SUPREME COURT’S DICTUM ON REFERENCE OF NON-SIGNATORIES TO ARBITRATION IN DOMESTIC ARBITRATIONS Agreements that are inter-connected, with a similar underlying commercial purpose, would bind all the parties to the agreements, even though one of them might be lacking an arbitration clause, or an entity is not party to all such agreements. Principles […]
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10 May 2018 at 14 : 20 PM
Dispute Resolution Hotline: Vodafone case: A BIT more arbitration-friendly
Read MoreMay 10, 2018 VODAFONE CASE: A BIT MORE ARBITRATION-FRIENDLY This article was originally published in the 10th May 2018 edition of In turn, the Union government filed a civil suit before the Delhi High Court seeking an anti-arbitration injunction against Vodafone from initiating arbitration proceedings under the India-UK BIT, i.e. the second arbitration. In a setback […]
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10 May 2018 at 13 : 37 PM
Webinar: Major Curbs on Foreign Investment in Corporate Debt: Analysing the Road Ahead
Read MoreMay 10, 2018
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7 May 2018 at 19 : 07 PM
Insolvency and Bankruptcy Hotline: Are you late in submitting your resolution plan? Not really!
Read MoreMay 07, 2018 ARE YOU LATE IN SUBMITTING YOUR RESOLUTION PLAN? NOT REALLY! The Principal Bench of the National Company Law Tribunal (“NCLT / Tribunal”) has directed the resolution professional (“RP”) and committee of creditors (“CoC”) of Bhushan Power and Steel Limited (“Company / BPSL”) to consider the resolution plan submitted by Liberty House Group […]
