A tumultuous year, full of explorations and enthralling experiences!! 2022 can safely be earmarked as a year that witnessed life restoring to normalcy after the dawn of the global pandemic in 2020. The pandemic had and still continues to disrupt lives of people globally, however after a bumpy ride of almost two years, this year we adorned our shields (masks and sanitizers) and got on the field.
Several companies and organizations in India, including S.S. Rana resumed to a 100% offline work mode and virtual meetings and conferences were replaced with roundtables and physical conferences, which gave a new lease of life to the overall work environment and business scenario.
The Firm after a sabbatical of 2 years attended International conferences and meets across the world which offered a revivifying experience while meeting colleagues, friends and clients from different parts of the world.
Few glimpses from life post COVID-19 are a testimony of our regenerated lives in 2022:
SSRANA at the National Innovation Festival of 2022 at NSC, New Delhi
Partners and Associates of the Firm attended several International Conferences this year including, INTA, AIPPI, Marques, LES, APAA, IBA and many National conferences as well.
While attending Conferences, the Firm also organized and arranged for Yoga sessions in these conferences which was very well received by the attendees. The organization of Yoga session at conference has now become more like a ritual for SSRANA.
The Firm to celebrate 33 years of its establishment also went for an official trip to the Jim Corbett National Park.
SSRANA celebrates its 33rd Anniversary Party with clients and colleagues!
SSRANA with great fervour and energy participated in the Delhi Half Marathon of 2022 and several emerged victorious also.
SSRANA this year indulged in celebration of all festivals round the year and to make it extra special, the HR of the Firm organized several fun activities.
The HR Firm round the year organized games and fun activities to keep the energy and high spirits of employees intact.
S.S. Rana at the Work front!
The Firm celebrated its 33rd Anniversary in 2022 and just like that the firm stretched its wings and also expanded its office premises this year. At the work front, the whole journey has been exhilarating and Teams took up new and challenging tasks and also established their footprints in diverse services under Corporate law matters, dispute resolution, criminal law matter, property law matters and many more.
This year again the Firm was recognized as an Award Winning Law Firm by IBLJ (India Business Law Journal), Recommended Firm by WTR, was also recognized by the IBLJ, 2022 Winner by Global Law Experts and Firm’s Managing Partner was again recognized in IBLJ’s A- List, Recommended Individual by WTR and an IP STAR by Managing IP.
The Teams
The Firm’s Teams including Prosecution and Acquisition Team for Trademarks, Copyrights, Geographical Indications, Customs Recordals and Domain Names, Patents and Designs, Corporate, Dispute Resolution Teams progressed by leaps and bounds and also added new services in its bucket. The Teams came out with flying colours in several matters and few of them are demonstrated below:
S.S. Rana’s IP litigation Team comprising of Vikrant Rana, Priya Adlakha and Rima Mujumdar represented Starbucks Corporation in a Trademark infringement suit before the Hon’ble Delhi High Court. In the case, Starbucks sought a decree of permanent injunction restraining the Defendants, their partners, etc. from infringing Plaintiff’s registered trademark “FRAPPUCCINO” either alone or with any prefix or suffix or any other confusing and deceptively similar trademark in relation to their goods, services and business as well as passing off. Plaintiff also prayed for award of damages and delivery up of the impugned goods, menu cards, etc. Decree for rendition of accounts of profits earned by the Defendants by using the FRAPPUCCINO marks is sought as an alternative relief to damages.
In view of representation made by Plaintiff, the Hon’ble Delhi High Court awarded notional damages of INR 2,00,000/- (USD 2585) and cost of INR 9,60,100/- (USD 12,409) as per the advocate fee certificate filed by S.S. Rana in favour of the Plaintiff and against the Defendant.
Team SSRANA & Co., comprising of Vikrant Rana, Priya Adlakha, Rima Mujumdar and Shilpi Sinha represented Starbucks before the Hon’ble Delhi High Court, wherein the Court while holding that the mark FRAPPUCCINO has worldwide reputation, awarded approximately 13 Lakhs damages in favour of the Plaintiff and against the Defendants.
In view of the representations made and evidence adduced by the Firm in the case, the Court also observed that the adoption of the mark ‘Frappuccino’ by the Defendants was dishonest and was done with the intention to deceive an unwary consumer.
The Litigation & Dispute Resolution (IP) Team at S.S. Rana, comprising of its Associate Partner Priya Adlakha, and Senior Associates Rima Majumdar and Tanvi Bhatnagar, under the guidance of Vikrant Rana, Managing Partner, successfully represented Starbucks Corporation in a suit for infringement of trade mark, copyright, and passing off action before the Hon’ble Delhi High Court against the Defendants.
Hon’ble Ms. Justice Jyoti Singh, IP Division, Delhi High Court vide an ex-parte ad-interim order dated August 22, 2022, restrained the Defendants from operating their café under the identical name STARBUCKS CAFÉ and the Siren Logo, and from using STARBUCKS as part of their menu items. The Hon’ble Court also appointed a Local Commissioner to visit the Defendants’ premises and search and seize the infringing material.
Our highly proficient team of lawyers having vast experience in planning and giving assistance in executing civil as well as criminal raids, successfully assisted the Local Commissioner in conducting the commission at the Defendants premises at Ratangarh in District Churu, Rajasthan, wherein all the infringing material bearing the infringing marks such as sign boards, flex board, business cards, menu cards, pamphlets, FSSAI License, QR codes for UPI Payment, etc. were seized.
Hence, it was a successful raid, and it shows that no matter how small the infringement, it is important to take action so as to avoid the mark from getting diluted.
The S.S. Rana Team, comprising of Vikrant Rana, Nihit Nagpal and Anuj Jhawar represented the Hungarian Company, Hell Energy. The Plaintiff had initiated a suit for infringement of its registered Mark Hell and its variations thereof. However, later the parties settled their disputes under the aegis of the Delhi High Court Mediation andConciliation Centre and entered into a settlement agreement, whereby the Defendants undertookthat they would not manufacture, sell or advertise products under theimpugned mark ‘HELLxxx’, ‘HELL ENERGY DRINK’, or any otherconfusingly or deceptively similar trademark.
Despite this being the position, the Defendants were found to be in violation of the terms of settlement and they launched another product by the name ‘HILLxxx’ with similar trade dress of red, black and white, which was the subject matter in the present suit.
In view of the aforesaid circumstances and representation made by the Firm’s counsel, the Hon’ble Delhi High Court was of the opinion that this is a fit case for the imposition of heavy costs/damages. Accordingly, the suit was decreed in terms of the reliefs sought by the Counsel and Defendant was directed to pay a sum of Rs.30,00,000/- to the Plaintiff, towards costs and damages for having violated the orders passed by this Court.
The Firm represented theemployees and Directors of a leading merchandise export facilitator, wherein the Firm’s Dispute resolution team was successful in obtaining interim relief in anticipatory bail in a frivolous FIR, registered by the complainant against directors and employees of the company involving a civil dispute.
Considering the arguments and judgments relied upon by the Counsel, interim relief from arrest was granted to the Directors of the company and its employees.
We all are aware about the growing emergence and awareness about Prevention of sexual harassment at workplace and the mandate to constitute an Internal Complaint Committee (ICC) for redressal of such grievances within an organization or company. To make organizations aware about this crucial law and the mechanism of handling such complaints, the Corporate department of the Firm this year imparted such necessary trainings to various companies in India.
Professional Memberships
Professional memberships and association with Committees is what intrinsically defines the Firm and also takes it to an International diaspora. The Firm and its Partners and Associates are Members of several International and National Associations. Apart from actively participating in the working of these Committees/ Associations, the Partners and Associates of the Firm are often invited to as panellist and speaker in conferences, workshops and seminars organized by such Associations.
Thought Leadership
The Firm’s Thought Leadership limb has been instrumental in contouring the Firm’s aim towards being a research oriented organization and our dedication to research has created thought leadership in various areas of law and public policy. Through research, we develop intellectual capital and leverage it actively for both our clients and the development of our associates. Over time, we have embedded a culture and built processes of learning through research that give us a robust edge in providing best quality advices and services to our clients, to our fraternity and to the community at large, and we also regularly participate in research projects with leading industry associations like FICCI, CII, Assocham, INTA, FICPI, JETRO, APPA, AIPLA, ECTA etc.
The Firm’s website accessible at https://ssrana.in/ is like a window to legal developments covering myriad subjects of law and judicial decisions.
IMPORTANT IPR UPDATES OF 2022
India climbs 35 ranks in Global Innovation Index
As per the rankings in the Global Innovation Index, India has ascended its way up to hold its ranking at 35, as compared to 81st rank in 2015-16 to 46th rank in 2021. Click here to learn more
Issuance of Orders in Matters which are amicably settled by Parties- CGPDTM
The Office of CGPDTM notified that pending matters where parties have arrived at an amicable settlement, may be brought to the notice of the concerned officer of the respective Branches of the Trade Marks Registry with supporting documents, thereby enabling the respective Trade Marks Registry to pass suitable orders in the said matters as per law. Click here to learn more
Filing Opposition against Trademarks Advertised during Covid-19 period
The IP Office, Mumbai issued a public notice regarding filing of oppositions against trademarks which had been published during the Covid-19 period from November, 2019 to January, 2022. The notification had been issued in compliance of Delhi High Court’s. Click here to learn more
Action Taken Report on Review of IPRs in India tabled before the Rajya Sabha
The Action Taken Report by the DPIIT on the Recommendations/ Observations of the Parliamentary Committee contained in its Report on ‘Review of the Intellectual Property Rights Regime in India’ was been tabled before the Rajya Sabha for further consideration. The Report is a compendium of suggested changes/ recommendations sought in the IPR laws of India. Click here to learn more
Indian Patent Filings Surpasses Figures of International Patent Filings
The Indian Patent Office witnessed the achievement of a remarkable milestone. The number of domestic patent filings for the quarter Jan-Mar, 2022 was more than the international patent filings, reportedly for the first time in 11 years. Click here to learn more
Indian IP Office – Special Drive for Disposal of Opposition and Rectification Matters
Public Notice issued by office of CGPDTM for expediting the Opposition and Rectification matters that have been amicably settled by the parties and also encouraging the parties to resolve the pending opposition and rectification disputes utilizing the various alternate mechanisms for dispute mechanism. Click here to learn more
‘Bug fixes’ in the Information Technology Rules, 2021?
The Ministry of Electronics & Information Technology (MeitY) rolled out a new set of IT Rules, 2021 on May 26th, 2021, primarily focusing on creating significant provisions for setting up a comprehensive grievance mechanism for social media users and to regulate content being generated therein. One year into the implementation of the said rules, the MeitY on June 06, 2022 rolled out a set of amendments to fill in the gaps and maximize its effectiveness and efficiency in the Indian digital ecosystem. Click here to learn more
Personal Data Protection Bill retracted by Central Government
In a surprising and significant move, the Central Government on August 03, 2022 withdrew the much- touted Personal Data Protection Bill from the Lok Sabha, with an assurance that a New legislation entailing data protection provisions will be introduced soon.
The Minister of Railways, Communications and Electronics & Information Technology, Shri Ashwini Vaishnaw in this context remarked that “The Personal Data Protection Bill has been withdrawn because the JCP recommended 81 amendments in a bill of 99 sections. Above that, it made 12 major recommendations. Therefore, the bill has been withdrawn and a new bill will be presented.” Click here to learn more
CGPDTM launches IPO Grievance portal- India
The Office of the Controller General of Patents, Designs and Trademarks (CGPDTM) issued a public notice dated October 31, 2022, inviting all the aggrieved stakeholders to lodge their grievances/ complaints to the officials of the Intellectual Property Office for unnecessary demands and for quick resolution of any issues faced by them during the processing of their applications. Click here to learn more
CGPDTM’S Notice for Streamlining the Trade Marks Show- Cause Hearings
The office of Controller General of Patents, Designs, and Trademarks (CGPDTM) issued a public notice on November 28, 2022, to streamline the disposal of Trademark applications electronically using IT tools. Click here to learn more
Design Registration Process Now Got Faster…
The Office of CGPDTM, has issued a public notice on December 16th, 2022 pertaining to submission of Forms & Documents (digitally signed) in respect of design applications and issuance of their e-certificate. Vide their notice, it is now informed to the Applicants, Stakeholders and public in general, that the Design Wing of the Patent Office has started issuance of e-certificates with effect from November 1st, 2022. Click here to learn more
NOTEWORTHY IPR CASES OF 2022
Trademark cases
Indian Trademark law applicability to Foreign Defendants with no Physical Presence in India
Tata Sons in this case had filed a suit seeking a permanent injunction to restrain foreign Defendants dealing in cryptocurrency, from using the trademark “TATA” as part of the brand under which their cryptocurrency was being made available to the public, that is, “TATA coin/$TATA”, or as part of their corporate name or domain name. The Hon’ble Delhi High Court in the case culled out certain criteria that are required to be met for the Indian courts to exercise territorial jurisdiction over foreign Defendants in online/internet trade mark infringement cases. Click here to learn more
Dynamic Injunction: Facebook, Google to block websites infringing Aaj Tak trademark
In this case, the Hon’ble Delhi High Court passed an order directing the intermediaries and other Domain Name Registrars to block websites infringing the “Aaj Tak” trademark of the Plaintiff. Dynamic injunctions have been the latest maneuver to restraint the nuisance of resurfacing bootlegged websites. Click here to learn more
Delhi HC directs Trademark Registry to devise proper mechanism for holding hearings
In a recent case titled, Pawandeep Singh vs The Registrar Of Trademarks & Anr., the Hon’ble Delhi High Court directed the CGPDTM to device a proper mechanism for holding of hearings. The Court also enumerated the features to be incorporated in the mechanism. In the case, the trademark application of the Petitioner had been wrongly refused. Click here to learn more
Delhi HC protects Arcuate Stitching Design Mark of Levis
In a recent landmark judgement in the sphere of protection of non-traditional trademarks, the Hon’ble Delhi High Court has ruled to protect the ‘Arcuate Stitching Design’ mark belonging to Levi Strauss & Co. against the principal defendant, Imperial Online Services Private Limited, in the matter of Levi Strauss & Co. v. Imperial Online Services Pvt. Ltd. & Ors.. Click here to learn more
Battle between the heart and soul of the Sharbat industry!
In a recent case, the Hon’ble Delhi High Court was confronted with a trademark tussle between “Rooh Afza” and “Dil Afza”. The Plaintiff i.e. owner of the trademark “Rooh Afza” prima facie alleged that Dil Afza was an attempt to pass off and ride on the goodwill acquired by Rooh Afza. Click here to learn more
AND THEN THERE WERE NONE – Agatha Christie Ltd vs. Registrar of Trademark
In a recent case, the Hon’ble Delhi High Court shoved a huge stop-sign on orders wherein Intellectual Property offices in India, while refusing registration have failed to provide adequate reasoning or explanations for the decision of refusal of IP application. Click here to learn more
Liberty to file afresh does not warrant forum shopping
Recently, the Division Bench of the Delhi High Court in a case adjudicated upon an appeal seeking to set aside an interim injunction, even though the same relief was refused by other Courts. The Court laid down key aspects in instance of forum shopping and also condemned the same. Click here to learn more
Striking a Balance between Commercial Speech and Brand Protection: DABUR V. BAIDYANATH
Dabur India Limited recently filed a suit for grant of injunction against telecasting, broadcasting and publishing five advertisements by Shree Baidyanath Ayurved Bhavan Pvt. Ltd via all electronic mediums and print media, alleging that the Defendant’s impugned advertisements had caused generic disparagement to the entire class of “Chyawanprash” products, and had made untruthful comparison by exploiting the lack of customer’s knowledge. Click here to learn more
The Mughal(ai) Battles of Modern India; Karim v/s Kareem
In the instant case, the Delhi High Court came to the rescue of Old Delhi’s popular Mughlai food outlet Karim’s and has restrained Mumbai-based businessman Kareem Dhanani from opening any further restaurants under deceptively similar marks, till further order. Click here to learn more
Protection of packaging of a product or its ‘get up’- ITC case
A trader needs protection of his right of prior use of a trade mark as the benefit of the name and reputation earned by him cannot be taken advantage of by another trader by copying the mark. As held in the judgement of Three-N-Products, the substance of the tests in a passing off action appears to be the Court’s perception of the degree of resemblance between the marks. In this vein, the Hon’ble Karnataka High Court in its recent judgement in ITC Limited v. CG Foods (India) Private Limited, laid down an outline of governing principles with respect to passing off action, with respect to the packaging of a product or its ‘get up’. Click here to learn more
A Cake Well- baked by the Delhi High Court: Theos v. Theobroma
THEOSand THEOBROMA are both renowned premium bakery outlets serving the consumers much more than just delicious patisseries, for a pretty long time now. Since the respective outlets deal with identical goods and services and have the common starting syllables ‘THEO’ in their brand names, they entered into a cake war, which is finally baked by the Hon’ble Delhi High Court. Before, reaching the conclusion as to how the cake was well baked, it is imperative to know the background of the recipe (dispute). Click here to learn more
Battle of Beers: Delhi High Court Grants Protection to Carlsberg
The Single Bench of Delhi High Court, recently adjudicated upon an application for ad-interim injunction in a suit filed by Carlsberg Breweries A/S against Tensberg Breweries Industries Pvt. Ltd. & Ors and dealt with the question of deceptive and phonetic similarity between the marks as well as the similar get-up of beer bottles and cans. Click here to learn more
Came Up with Unique Ideas for Your Advertisement? Now That Can Also Be Protected!
Bright Lifecare Pvt. Ltd (“Plaintiff”) filed a suit alleging infringement of their rights in the trade marks “ZIDD/ZIDDI” and copyright in their cinematograph works by two commercials launched by Vini Cosmetics Pvt. Ltd (“Defendant”) on online streaming platforms. The Hon’ble Delhi High Court gave a ruling on the issue of whether an advertising campaign and its various elements can be protected under the Intellectual Property law, and in which manner. Click here to learn more
Copyright cases
Supreme Court clarifies nature of offence under Section 63 of Copyright Act- India
While the Trade Marks Act, under Section 115(3), specifically provides that acts of infringement will be cognizable, Section 63 of the Copyright Act does not clarify in the Act itself as to whether the offences committed under it are to be cognizable or non-cognizable
This ambiguity had brought forth varied judicial pronouncements by the High Courts of the country, and it needed to be authoritatively settled by the Hon’ble Supreme Court of India.
Recently the Hon’ble Supreme Court of India in the case of M/s Knit Pro International v. The State of NCT of Delhi & Anr., cleared the ambiguity regarding whether offences under Section 63 of the Copyright Act are cognizable or non-cognizable. Click here to learn more
Delhi High Court restrains unauthorized use of Personality attributes of Amitabh Bachchan
The Hon’ble Delhi High Court in a recent case titled Amitabh Bachchan V. Rajat Nagi & Ors., passed an omnibus interim order to restrain the Defendants at large from infringing the personality and publicity rights of ace Bollywood actor Mr. Amitabh Bachchan. The present judgment restraining the infringement of the publicity rights of the Plaintiff celebrity is a noteworthy judgment and the Court’s obiter dictum in the case will help in contouring the legal protection accorded to personality rights in India. Click here to learn more
Patent cases
Patent Infringement: It’s not Kosher!- Sotefin VS. Indraprastha Cancer
Whether patent infringement fades away once the validity of the patent expires? Can a patent nearing its expiry, still be granted protection in a suit for infringement? Can all parallel imports get a blanket protection under Section 107A (b) of the Patents Act? Is it necessary for a suit for infringement to succeed, that all elements of the claim must be reflected in the infringing product or do we look at the pith and marrow of the suit patent to determine the infringement?
These are some of the questions that were elaborated upon and discussed in detail by Hon’ble Mr. Justice Sanjeev Narula of the Delhi High Court, in a Commercial Suit titled as Sotefin SA vs. Indraprastha Cancer Society and Research Center & Ors., while adjudicating upon an application for ad-interim injunction under Order 39 Rules 1 & 2. Click here to learn more
How much Claim Amendment can be allowed in a Patent Application?
Rejection of patent application on the ground that the amendment of “product by process” claims to process claims which rendered the amended claims not allowable under section 59 (1) of the Patents Act, 1970 was held to be unsustainable in a recent judgment of Hon’ble High Court at Delhi in the matter of “Nippon A&L Inc. vs The Controller of Patents and Designs”. Click here to learn more
IMPORTANT CORPORATE UPDATES OF 2022
ASCI releases Guidelines to govern Ads for Cryptocurrency
On February 23, 2022, the Advertising Standards Council of India came out with guidelines to regulate the advertising and promotion of Virtual Digit Asset exchange and trading platforms and associated services, as a necessary interim measure. Click here to learn more
Guidelines on Extended Producers Responsibility on Plastic Packaging
Extended Producer Responsibility is an approach where the producer is mandated via policy for treatment and/or disposal of plastic packaging waste. The Ministry of Environment has announced national framework for extended producer responsibility (EPR) on plastic packaging. Click here to learn more
Plastic Straws to Be Banned from July 1st, 2022 – In India
Plastic, once heralded as a wonder product, has over the last few years and decades, become the bane of human existence insofar as pollution is concerned. In order to tackle this ever growing pollution concern, India banned single use plastics and plastic straws, w.e.f. July 01, 2022 . Click here to learn more
TDS Deduction Norms for Virtual Digital Assets in India
Virtual Digital Assets (VDAs) are the next big thing. NFTs and other such VDAs are here to stay, and consequently, questions are being asked about their taxation status-quo w.e.f. July 01, 2022, such VDAs would incur TDS, i.e. Tax Deducted at Source. Click here to learn more
Mandatory Labelling for Garments sold in Loose- India
The Ministry of Consumer Affairs, Food and Public Distribution has introduced a provision for mandatory declarations to be made on garments sold in loose or open at the point of sale that helps a consumer in their purchases, shall bear certain details to be displayed on the garment. This Amendment will be enforced with effect from January 01, 2023 as the Legal Metrology (Packaged Commodities) (Third Amendment) Rules, 2022. Click here to learn more
Levy of 18% GST on House Rent – Recent Amendment brought to the GST Regime in India
The Government has introduced a new GST Regulation for “Renting of Residential Property” with effect from July 18, 2022. As per the newly introduced amendment to the Goods and Services Tax (GST) regime in India, the service of renting a residential property to a GST-registered person shall be subject to GST under Reverse Charge Mechanism. In other words, when renting a residential property, a GST-registered tenant is required to pay GST on House rent at the rate of 18%. Click here to learn more
Competition (Amendment) Bill, 2022: Salient features of the Bill
The Union Cabinet has approved the Competition (Amendment) Bill, 2022, which will be introduced in the Indian Parliament for the monsoon session.
The Competition Commission of India (CCI), India’s antitrust watchdog agency, will have greater freedom, and accountability as per the amended provisions of the Bill. The new Bill seeks to streamline merger and acquisition (M&A) approvals, extend the definition of anti-competitive agreements, and aims to reduce litigation in this field. Additionally, it aims to toughen up the penalties for violations of the competition legislation. Click here to learn more
Extended Producer Responsibility (EPR) for Waste Tyre- India
The Ministry of Environment, Forest, and Climate Change has introduced a new amendment called the Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2022 (hereinafter referred to as “Amendment Rules”) for “Extended Producer Responsibility (EPR) for Waste Tyre” which came into effect from July 21, 2022. Schedule IX has been inserted vide the Amendment Rules which lays down the provisions relating to the utilization and management of waste tyres by producers, recyclers, and retreaders. Click here to learn more
RBI’S Guidelines on Digital Lending w.e.f. September 2
The Reserve Bank of India’s Guidelines recognize lending through digital platforms like mobile apps and online portals. The guidelines have been formulated by a Working Group on Digital Lending constituted by RBI. The Guidelines issued by RBI are in force from September 02, 2022. Click here to learn more
Display of Information by E-commerce Food Business Operators- FSSAI
In the wake of the growing prevalence of e-commerce FBOs in India’s food industry, FSSAI has extended the application of Rule 9 of the Regulations on e-commerce FBOs in an order issued to all e-commerce FBOs on June 14, 2022 i.e. all e-commerce Food Business Operators (FBOs) like Zomato, Swiggy, UberEats are mandated to obtain the requisite nutritional information from respective food service establishments listed on their platforms and display such information on their website. Click here to learn more
Indian Telecommunication Bill, 2022
Indian Telecommunication Bill, 2022 was released on September 21, 2022 in the public domain for issuing new licenses to service providers by broadening the scope of telecommunication services in India. The Bill proposes to cover over- the- top (OTT) communication platforms like Whatsapp, Signal, Telegram and satellite based communication services, internet and broadband, in- flight and maritime connectivity services etc. in the range. Click here to learn more
Draft Data Accessibility and Use Policy, 2022
The Ministry of Electronics and Information Technology (MEITY) notified a policy proposal titled “Draft India Data Accessibility & Use Policy 2022” on February 21, 2022, with an aim to radically transform India’s ability to harness public sector data for catalysing large scale social transformation. Click here to learn more
Introducing QR codes for declaring mandatory information on electronic commodities
As per the Legal Metrology (Packaged Commodities) Rules, 2011, there are various compliances to be adhered to, with regard to labels of packaged commodities which are mentioned in Rule 6. The Legal Metrology (Packaged Commodities) Rules, 2011 were amended via notification dated July 14th, 2022 and the amendments came into force on the date of publication of the notification. Click here to learn more
Legal Metrology (Packaged Commodities), (Second Amendment) Rules 2022
Vide the changes made to Rule 6 by the Legal Metrology (Packaged Commodities), (Second Amendment) Rules 2022, the Department of Consumer Affairs has permitted the electronics industry in case of electronic products manufactured, packed or imported after July 15, 2022, to declare mandatory declarations of the following details through QR codes for a period of one year, if not declared on the package itself. Click here to learn more
Second Hand Car Dealers Deemed Owners of Vehicles- India
With a view to bring transparency and accountability in sale-purchase of vehicles, the Ministry of Road Transport and Highways on September 14, 2022 has notified the Central Motor Vehicles (Fifteenth Amendment) Rules, 2022. The Amended Rules require pre-owned vehicle dealers to obtain “authorization” from the concerned State Transport Department in order to deal in resale of vehicles. Click here to learn more
NOTEWORTHY CORPORATE CASES OF 2022
Liability of Vehicle Manufacturers-Deficiency in Service by Dealer/Authorized Service Centre
Manufacturers, service providers, or sellers, as the case may be are liable to compensate consumers for defects in goods or deficiency in services. Vehicle manufacturers usually enter into agreements with dealers or service centres on a principle-to-principle basis, which implies that there are no intermediaries or agents involved in the transaction. This ensures that manufacturers are not liable for any deficiencies in service arising from the dealer’s/service centre’s dealings with consumers, and restricts their liability to harm caused due to manufacturing defects. In a recent case titled, Honda Cars India Ltd v Sudesh Berry, the Hon’ble Supreme Court reiterated that vehicle manufacturers cannot be held liable for deficiencies in service by their dealers or authorized service centres. Click here to learn more
Builder’s Failure to provide Occupancy Certificate is Deficiency of Services- SC
In a recent case, the Hon’ble Supreme Court held that a builder’s failure to provide the Occupancy Certificate to flat owners is a deficiency of services under the Consumer Protection Act, 1986. Click here to learn more
Withdrawal of CIRP before Constitution of CoC
The National Company Law Appellate Tribunal (NCLAT) in view of the facts of the case, precedent, and the statutory provisions, decided that the approval of the Committee of Creditors (CoC) was not required for filing an application for withdrawal of CIRP (Corporate Insolvency Resolution Process) in this case. Click here to learn more
Rights of Daughter when Father dies Intestate- Supreme Court
In a recent landmark judgment, the Supreme Court pronounced that daughters have the complete right to inherit their father’s self-acquired property even if the father dies intestate. Click here to learn more
Time Limit for Filing of Written Statement under Order VIII Rule 1 Code of Civil Procedure, 1908 is not Mandatory- Supreme Court
In a case titled Bharat Kalra Vs Raj Kishan Chabra, the Hon’ble Supreme Court has reiterated that the time limit for filing of the written statement under Order VIII Rule 1 of Code of Civil Procedure, 1908 is not mandatory if it is not a Commercial Suit under the Commercial Courts Act, 2015. Click here to learn more
Section 18 of Limitation Act applicable to proceedings under Insolvency and Bankruptcy Code, 2016
The provisions of Section 18 of the Limitation Act, 1963 are not alien to and are indeed applicable to proceedings under the Insolvency and Bankruptcy Code, 2016 and an acknowledgment in a balance sheet without a qualification can furnish a legitimate basis for determining as to whether the period of limitation would stand extended. Click here to learn more
Supreme Court’s Guidelines on grant of Bail after Charge sheet is Filed
The Hon’ble Supreme Court of India in a recent case titled, Satender Kumar Antil v. Central Bureau of Investigation, issued guidelines for granting bail after the filing of charge sheet and held the trial courts are not precluded from granting interim relief considering the conduct of the accused during the probe. Click here to learn more
Production of electronic evidence- Certificate u/Section 65b(4) of Evidence Act is mandatory
The Hon’ble Supreme Court vide its recent order of May, 2022 in Ravinder Singh @ Kaku Vs State of Punjab, has observed that a certificate under Section 65B(4) of the Indian Evidence Act, 1872 is mandatory to produce electronic evidence, and that submitting oral evidence in place of such certificate cannot possibly suffice. Click here to learn more
Supreme Court on Vicarious Liability of Partner for Cheque Dishonour
The Hon’ble Supreme Court in a recent order of Dilip Hariramani v. Bank of Barodahas observed that a person cannot be convicted for the offence of dishonour of cheque under Section 138 of the Negotiable Instruments (NI) Act, 1881 merely because he was a partner of the firm which had taken the loan or that he had stood as a guarantor for such a loan. Click here to learn more
Cheating Case to be Quashed if no Allegation of Dishonest Inducement is made
The Hon’ble Supreme Court in a recent case of Rekha Jain Vs The State of Karnataka & Anr.,held that to make out a case against a person for an offence under Section 420 of the Indian Penal Code, 1860 there must be a dishonest inducement to deceive a person to deliver any property to any other person. As per Section 420 of the Indian Penal Code, 1860, whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, can be said to have committed an offence as per Section 420 of the Indian Penal Code, 1860. Click here to learn more
Dishonor of Cheque and Requirements for the Offence
The Hon’ble Meghalaya High Court in a recent matter of HDFC Bank Ltd. Mawlai Nonglum Branch & Anr v. Sri Baklai Siej & Anr., has reiterated that for an offence of dishonor of cheque under Section 138 of the Negotiable Instruments Act, 1881 to be made out, the dishonoured cheque must have been issued by the account holder under his name and signature. Click here to learn more
SuperTech Twin Towers Demolition: From Litigation to Ashes
On August 31, 2022, the final hope of SuperTech Ltd. came to a ruinous end when the Supreme Court of India upheld the decision of the Allahabad High Court and found that the construction of its two towers were in gross violation of multiple Acts and declared their construction as illegal. While ordering the demolition of the Supertech twin towers. Click here to learn more
Competition watchdog fines Google for INR 1337.76 crore- India
The Competition Commission of India passed an order dated October 20, 2022, imposing a monetary penalty of INR 13,37,00,00,000 (USD) on Google for abusing its dominant position in multiple markets in the Android Mobile device ecosystem under Section 27 of the Competition Act, 2002. Apart from the monetary penalty, CCI had additionally issued a cease and desist order against Google for indulging in any acts in contravention of Section 4 of the said Act. Click here to learn more
Hon’ble Bombay High Court reiterates gender neutrality of Maintenance Law in India
In a recent judgment titled “Chanda Rathod Vs. Prakashsingh Rathod”, the Nagpur Bench of the Hon’ble Bombay High Court has held and reaffirmed that Sections 24and 25 of the Hindu Marriage Act, 1955[4], which deals with the law of maintenance in India, are gender-neutral provisions and that either a husband or a wife can seek maintenance from their spouse under the same. Click here to learn more