In a development that may encourage increased investment in commercial real estate, the Supreme Court on Thursday gave the industry relief by permitting input tax credit (ITC) on construction expenses for buildings meant to be leased. "If the construction of a building was essential for carrying out the activity of supplying services, such as renting or giving on lease or other transactions in respect of the building or a part thereof, which are covered by clauses (2) and (5) of Schedule II of the CGST (Central Goods and Services Tax) Act, the building could be held to be a plant," said Justice Abhay S Oka and Justice Sanjay Karol.
Lenders of bankrupt airline Jet Airways, led by the State Bank of India (SBI), on Thursday told the Supreme Court that successful bidder Jalan Kalrock Consortium (JKC) was "unwilling" to pay the dues and that the "liquidation" was the only option left. The bench led by Chief Justice of India (CJI) DY Chandrachud was hearing the SBI-led consortium plea against the NCLAT's March order upholding ownership transfer of the bankrupt airline to JKC.
When there are two wills produced before the court, which one will be executed?
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'Digital courts will alleviate congestion in traditional courts.'
Lawyers flooded the courtroom of Chief Justice of India D Y Chandrachud to witness the proceedings as one special guest -- Aamir Khan -- was seated in the front row.
'Business families like the Godrej group are increasingly realising that an amicable settlement is better.' 'Else, the wealth of all shareholders gets destroyed.'
The Delhi high court on Friday directed the civil aviation regulator to deregister planes leased to Go First within five working days, giving respite to the lessors. This means that the airline will have to give back all 54 aircraft to the lessors if its resolution professional (RP) does not challenge the order or ask for a stay. Justice Tara Vitasta Ganju also refused the request of the RP, represented by advocate Diwakar Maheshwari, to keep the operation of the order in abeyance for a week to enable them to file an appeal before the division Bench of the court.
'As a platform, we are saying, if we are told to break encryption, then WhatsApp goes.'
Last week, the Delhi high court ruled that the mere use of trademarks on Google Ads, an online advertising platform, did not amount to infringement under the Trade Marks Act, 1999. This was after online travel agency MakeMyTrip (MMT) claimed that its trademarks, "Makemytrip" and "MMT", were being used as keywords in Google Ads to display ads and links of its rival Booking.com. The order has opened up a new debate on trademark infringement in the digital realm, revolving around whether it can create confusion among users.
The Delhi high court (HC) division Bench on Thursday sought a response from Reliance Industries (RIL) and others regarding the government's appeal against the Mukesh Ambani-owned conglomerate and others for fraudulently and unjustly enriching themselves by draining gas from their deposits, amounting to over $1.5 billion. The Centre had appealed against the single-judge Bench order of the Delhi HC on May 9, which had dismissed its petition. Justice Anup Jairam Bhambhani had upheld the international arbitration award of July 24, 2018, in favour of the RIL-led consortium. The consortium includes UK-based BP Plc and Niko Resources of Canada.
Mobile phone manufacturer Oppo has lodged an appeal with the Supreme Court against an order from the Delhi high court. The order requires Oppo to submit a security payment related to the India portion of the last-paid licence fee to Nokia in an ongoing patent infringement case. The case is slated to appear before the bench of the Chief Justice of India, D Y Chandrachud, on August 4.
Go First chief executive officer Kaushik Khona and tribunal-appointed interim resolution professional Abhilash Lal on Thursday reached out to the airline's staff, seeking their support for revival. While Khona said the company had taken all steps for the airline's revival, Lal put forward the view it would have to raise funds. Employee engagement took place a day after the National Company Law Tribunal (NCLT) admitted the airline's insolvency plea on Wednesday and ordered a moratorium on recoveries.
SBI has suggested that banks be exempted from handing over the complete forensic audit report to the borrower as it would hamper future investigation and forewarn the borrower by way of disclosure of confidential information.
The Securities and Exchange Board of India (Sebi), the market regulator, has said, in a submission to the Supreme Court, that it is "enquiring" into the allegations made by American short-seller Hindenburg Research against the Adani Group of companies and its impact on the markets. In the same matter, the central government has agreed to form an expert committee to strengthen the regulatory regime in order to ensure that market investors are protected. The Supreme Court had last week suggested an expert committee to look into the allegations and had asked the Centre for its response.
The Delhi high court on Friday awarded Rs 20 lakh to Microsoft in damages in a 12-year-old copyright infringement suit. Microsoft said that a Mumbai-based firm was illegally using its software programs in which its copyrighted products, including Microsoft Windows, Microsoft Office and Windows Server were being reproduced and used for commercial purposes at the firm's offices. The court had on May 24, 2010, passed an injunction restraining the Mumbai firm from infringing the plaintiffs' software programs.
In a setback to Tata Power, the Supreme Court on Wednesday dismissed the company's challenge to the Maharashtra Electricity Regulatory Commission's (MERC's) decision to award a Rs 7,000-crore transmission project near Mumbai on a nomination basis to Adani Electricity. The court upheld the order by the Appellate Tribunal for Electricity (APTEL) in this case and directed all State Electricity Regulatory Commissions to frame guidelines on tariff determination in accordance with Section 61 of the Electricity Act and the national policy. The verdict has implications for the Mumbai power market, said Ashok Pendse, an energy expert based in the city.
After two decades of being stuck in a trademark infringement suit, the Delhi high court gave a judgment in favour of Cadbury and restrained an Indian company from selling its products that are similar to Cadbury Gems. Justice Prathiba M Singh told an Indian company on Tuesday to pay Rs 16 lakh damages to British chocolate company Cadbury for infringing the Cadbury Gems trademark. Cadbury (now Mondelez India Foods) had filed a case against the Indian company Neeraj Food Products, who is the defendant, saying it had marketed its product as 'James Bond'.
In a country like India, where counterfeit items are sold in every nook and corner, the regulation of trademark infringement poses a big challenge.
This episode highlights that the country's surveillance systems are not robust enough to ward off and prevent such attacks in the future.
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