Corporate
Drug Names Based On International Non-Proprietary Names Cannot Be Monopolised: Bombay High Court Reaffirms
The Bombay High Court has refused to grant an interim injunction to Aristo Pharmaceutical Pvt. Ltd. in its trademark infringement and passing-off suit against Healing Pharma India Pvt. Ltd., ruling that pharmaceutical companies cannot claim exclusivity over trademarks derived from International Non-Proprietary Names (INNs). Justice Sharmila U Deshmukh held that Aristo's registered...
Delhi High Court Protects Gaay Chhap Detergent, Restrains Use Of 'Gopal Gai Chhap' and 'Cow Brand' Marks
The Delhi High Court has granted an interim injunction in favour of Gaay Chhap, a Kanpur-based detergent brand, restraining a Uttar Pradesh trader from using the marks “Gopal Gai Chhap” , “Cow Brand,” and similar labels for detergent soaps, cakes, and washing powders. Justice Tejas Karia passed the order on November 24, 2025, after finding that Gaay Chhap had shown prior and...
Pre-CIRP Tax Claims Extinguished After Plan Approval, Bombay High Court Quashes Tax Notices To V Hotels
The Bombay High Court has recently reaffirmed that income-tax assessment proceedings for any period prior to the approval of a resolution plan under the Insolvency and Bankruptcy Code (IBC) stand extinguished once the National Company Law Tribunal (NCLT) approves the plan, ruling that the tax department cannot initiate or continue such proceedings thereafter.A Division Bench of Justice B...
Competition Commission Finds Basketball Federation Of India Prima Facie Liable For Abuse Of Dominance And Anti-Competitive Arrangements, Directs Investigation
Competition Commission of India (“Commission”) bench, comprising Ms. Ravneet Kaur (Chairperson), Ms. Sweta Kakkad (Member) and Mr. Deepak Anurag (Member) has passed a prima facie order directing an investigation against the Basketball Federation of India (“BFI”) for abuse of its dominant position and engaging in anti-competitive practices. Background Facts Elite Pro...
CCI Clears Toyota Group Restructuring, Investment Arm To Acquire Toyota Industries
The Competition Commission of India (CCI) has approved a proposed intra-group restructuring within the Toyota Motor group, clearing the acquisition of Japanese machine maker Toyota Industries Corporation (TIC) by Toyota Asset Preparatory Co., Ltd., an investment arm created specifically for the transaction. According to a CCI Press Release, Toyota Asset Preparatory will acquire 100%...
Pending Appeal Against CoC Formation Not Grounds To Oppose Appointment Of New Resolution Professional: NCLAT
The National Company Law Appellate Tribunal (NCLAT) at Delhi has recently held that an ongoing appeal questioning the validity or constitution of a Committee of Creditors (CoC) does not prevent the CoC, once constituted and functioning, from replacing the resolution professional (RP) with the approval of the NCLT.A bench of Chaiperson Justice Ashok Bhushan and Technical Member Barun Mitra...
No Further Anti–Profiteering Action Required Once Contractor Remits Residual ITC Benefit: GSTAT New Delhi
The Goods and Services Tax Appellate Tribunal (GSTAT), Principal Bench at New Delhi, has held that when a contractor voluntarily remits the residual input tax credit (ITC) benefit identified by the Directorate General of Anti‑Profiteering (DGAP) to its principal, no separate anti-profiteering action is required under Section 171 of the Central Goods and Services Tax Act, 2017...
Delhi High Court Sets Aside Rejection Of Medilabo's Patent For Neurodegenerative-Disease Drug
The Delhi High Court has set aside a Patent Office order refusing Medilabo RFP's patent application for a pharmaceutical composition used in treating neurodegenerative diseases, holding that the authority rejected the application without examining the amended claims and without explaining how the invention fell within the bar on “methods of treatment” under Section 3(i) of the Patents...
NCLT Delhi Seeks Tribunal President's View On Whether Banks Lending to Homebuyers Are Financial Creditors Of The Developer
The National Company Law Tribunal (NCLT), Delhi, has referred to its President the question of whether banks that advanced housing loans to homebuyers under a tripartite agreement be treated as Financial Creditors of the real estate developer undergoing insolvency, after its two members issued conflicting rulings in the CIRP of AVJ Developers (India) Pvt Ltd. AVJ has been in insolvency...
Karnataka High Court Orders Refund Of ₹10 Crore, Says Payment During GST Search Was 'Not Voluntary' U/S 74(5) CGST Act
The Karnataka High Court held that the assessee's payment of Rs. 10 crores could not be treated as a voluntary payment under Section 74(5) of the CGST Act (Central Goods and Services Tax Act), as the DRC-03 shows 'NIL' entries for both interest and penalty. The bench observed that the 'NIL' entries clearly indicated that the payment was made by the assessee under coercion and...
Arbitration | Unconditional Stay On Execution Of Award Only In Exceptional Cases: Supreme Court
The Supreme Court recently declined to grant an unconditional stay on the execution of the arbitral award, holding that the requirement to deposit the security amount was justified since the award was not shown to have been induced or tainted by fraud or corruption. Referring to its latest ruling in Lifestyle Equities C.V. and Another v. Amazon Technologies Inc., a bench of Justices...
Written OTS Offer Revives Time-Barred Debt, NCLT Delhi Admits Insolvency Plea Against JS Designer
The National Company Law Tribunal at New Delhi has recently admitted Central Bank of India's insolvency plea against JS Designer Ltd, holding that the company's written one-time settlement proposals in 2024 constituted a fresh and enforceable promise to pay a time barred debt. A coram of Judicial Member Jyotsna Sharma and Technical Member Anu Jagmohan Singh noted that JS Designer had remained...