REFUND APPLICATION CANNOT BE REJECTED MERELY ON THE BASIS OF ALLEGATIONS

-Report by Radhika Mittal The case involves a petitioner who filed two separate refund applications, seeking a refund of the unutilized Input Tax Credit (ITC) amounting to ₹72,03,961/- and ₹12,40,270/-, respectively. The refund was in respect of goods exported by the petitioner. However, the applications were not processed due to allegations that the supplier from whomRead More

RELIANCE HOME FINANCE INSOLVENCY: SC ALLOWS DEBENTURE HOLDERS TO BE COVERED UNDER RESOLUTION PLAN

-Report by Anurag Sinha Regarding Reliance Home Finance Ltd.’s (RHFL) insolvency, the Supreme Court has approved a resolution plan filed by Authum Investments and Infrastructure Ltd (All), a non-banking financing business, to cover RHFL debenture holders. Nevertheless, the scheme excludes holders of dissenting debentures. A bench comprised of Justices BR Gavai and Aravind Kumar further ruled that theRead More

ESSENTIAL ELEMENTS TO CONSTITUTE A JOINT VENTURE: DELHI HC

-Report by Kanishka It was held by the Supreme Court of India in the case of ITD CEMENTATION INDIA LIMITED Vs SSJV-ZVS JOINT VENTURE & ORS that a shared interest in the enterprise’s assets or subject matter, as well as contributions of money, supplies, labor, or knowledge from each party, may be necessary for the foundation ofRead More

IS CBSE NOT BOUND TO FOLLOW ITS GUIDELINES AND CIRCULARS?

-Report by Harsh Singh Rajput In the case of Annanya Yaduvanshi(Minor) vs Central Board Of Secondary Education & Others, the father (Rajendra Prasad) of the minor (Annanya Yaduvanshi) filed a petition, claiming compensatory time for Writing. As her daughter is suffering from hearing impairment and according to the guidelines of CBSE, she is entitled to such compensation, which CBSE itself fails to provide her. FACTS: In this case, Ananya Yaduvanshi is a Minor who was pursuing her class 12 from CBSE Board. She is diagnosed with Sensorineural Hearing Loss. SheRead More

INDIAN LOGISTICS COMPANY DEFRAUDED BY THAILAND BASED COMPANY, DIRECTOR REFUSED BAIL

-Report by Atharva Dixit The judgment of SANDEEP TILWANI Versus STATE OF NCT, by the High Court of Delhi relates to a petition filed by Sandeep Tilwani, the director of J Sai Kripa Import & Export Co. Ltd., seeking regular bail in case FIR No. 220/20 Under Section 420/406/467/468/471/474/120-B IPC registered at Police Station E.O.W. The complaint was filed by Ms. Upma SharmaRead More

DISPROVING CLAIMS OF PASSING OFF BY ESTABLISHING PRIOR USE AND HONESTY IN ADOPTION

– Report by Parvati Arun It was held by the High Court of Delhi in the case of  CAMPUS ACTIVEWEAR LIMITED versus  RAM SHANKAR GARG & ORS. that the plaintiff has failed to prove the criteria for reaching the status of passing off products. The case presented here was the plaintiff’s claim of violation of deceptive business practices through violation of intellectual property rights.Read More

TRADEMARK DISPUTE RESOLVED: DELHI HC RULES IN FAVOUR OF NISE IN SETTLEMENT AGREEMENT

-Report by Harshit Yadav The present case of DR. REDDYS LABORATORIES LIMITED versus RIKON PHARMACEUTICALS PVT. LTD. is a legal settlement agreement between two parties regarding a trademark dispute that was settled with the intervention of the Delhi High Court Mediation and Conciliation Centre. The settlement agreement outlines the terms and conditions that both partiesRead More

EXEMPTION OF ENTERTAINMENT TAX, NEITHER PETITIONER IS ALLOWED TO RETAIN MONEY NOR STATE

-Report by Sejal Jethva In the present case MINAKSHI CHITRA MANDIR SAILU THROUGH ITS PROPRIETOR SANJAY PRABHAKAR RAJURKAR Vs THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR LATUR based on that petitioner is exempt from entertainment tax but still collects it from customers. Who received the money collected—the state or the petitioner? FACTS: In Sailu, District Parbhani, the petitioner operates a movieRead More

PARTNERSHIP FIRM IN HOT WATER AS COURT TAKES ACTION ON DISHONOURED CHEQUES

-Report by Harshit Yadav This judgement concerns a petition filed by M/s InterarchBuilding Products Pvt. Ltd. seeking to quash an order passed by the learned MM (NI Act, Patiala House Courts, New Delhi) in Criminal Complaint bearing number 10567/2020. The complaint was filed by the respondent, alleging that M/s Swift Construction Expert (the accused firm) had approached theRead More

LANDLORD’S ATROCITY TOWARDS TENANT LEADS TO TURMOIL IN THE MARKET

-Report by Anurag Sinha The present case of Gurjit Singh (D) Through LRs…Versus Union Territory, Chandigarh & Ors., is based on a dispute between a tenant and a landlord. Both of them had marketing licenses but after a period of time, the appellant passed an eviction order against the respondent. Herein, the respondent moved to another shop but was not granted a license for the same. He later was allotted anotherRead More