Kaira District Co-Operative Milk Producers’ Union Ltd. and Ors. v. Amul Canada and Ors.
Introduction The Federal Court of Ontario (Canada) (“Court“), through its judgement, in the recent matter Kaira District Co-Operative Milk Producers’ Union Ltd. and Ors. v. Amul Canada and Ors. (dated 22nd June 2021) decided on the Kaira’s first trademark violation case in a foreign land. The Court delved into Section(s) 7(b), 19 and 20(1)(a) of the Trademarks Act, RSC 1985, c T-13 (“Trademarks Act”) and Section […]
Wearable Technology in India – Addressing the Legal Issues
With the growing population and growing demands, there has been an immense growth in the Indian wearables market. It is being reflected that the India wearables market grew 170.3 per cent year-over-year in Q1 2021, between January and March, shipping 11.4 million units according to the recent data from the International Data Corporation’s (IDC) Worldwide Quarterly Wearable […]
Competition Commission of India’s Order against Maruti Suzuki – An ‘Appreciable’ Order?
Recently, the Competition Commission of India (“CCI”) found Maruti Suzuki, a household name in the automobile industry guilty of anti-competitive practices. A penalty of Rs.200 crores, the maximum monetary sentence possible under the Competition Act, 2002 (“Act”) was imposed in conjunction with a cease-and-desist order injuncting Maruti from indulging in the anti-competitive practice. In this Article, […]
Resolution Professional is only a Facilitator and not a Gatekeeper under IBC, held NCLAT
The Resolution Professional (“RP”) plays an important role in the process of resolution of insolvency of a corporate or bankruptcy of a guarantor to the corporate debtor. The Bankruptcy Law Reforms Committee (BLRC) in its final report dated 4.11.20151 also emphasized on the role of an RP which stated that “Insolvency professionals form a crucial pillar upon […]
Digital Assets In India
The world has been witnessing an upsurge of digital assets across industries. While there has been no law in India to confirm the status of a digital asset as legal or illegal, the recent amendment to the Income tax Act, 1961 defines “virtual digital asset”. In the Union Budget 2022-23, the finance minister clarified the […]
Legislative Reforms For Start Ups In India
A start up is a company which is in the initial stages of establishing a marketplace for itself. It is founded by entrepreneurs who find a certain product or service lacking in the market and come up with innovative ideas to fulfill that demand. According to an economic survey in 2021-22, India has over 61,400 […]
INRCredit Card and Debit Card – Issuance and Conduct Directions, 2022
Introduction Recently on 21 April 2022, the Reserve Bank of India issued the RBI (Credit Card and Debit Card – Issuance and Conduct) Directions to regulate the conduct of credit card issuers, safeguard the interests of consumers regarding interests levied on credit cards, and laid down the procedures for banks to issue credit and debit […]
Legislative Reforms For Start Ups In India
A start up is a company which is in the initial stages of establishing a marketplace for itself. It is founded by entrepreneurs who find a certain product or service lacking in the market and come up with innovative ideas to fulfill that demand. According to an economic survey in 2021-22, India has over 61,400 […]
Whether disputes between Licensor and Licensee concerning recovery of security deposit can be referred to arbitration?
Introduction The Bombay High Court in Bafna Motors Private Limited versus Amanulla Khan vide order dated 05th May 2022 passed in Arbitration Petition No. 340 of 2019 held that where the parties to a leave and license agreement are governed by Arbitration Agreement, disputes between licensor and licensee concerning recovery of the security deposit can be referred […]
Right of subrogation to the rescue of the guarantor? Stepping in the shoes of the creditor
A ‘Guarantor’ or a ‘Surety’ comes to the rescue of the corporate debtor during the insolvency proceedings, but who is there to rescue the guarantor? The plight of the guarantor has been discussed several times in various decisions of the Courts, but none of them had given the precise decision until the recent order of […]