Supreme Court's Contempt Notice To Patanjali: An Analysis

In a significant legal development, the Supreme Court of India has taken a noteworthy step against Patanjali Ayurveda Ltd., a prominent player in the Indian consumer goods market, for allegedly disseminating misleading advertisements. The issuance of a contempt notice by the apex court highlights the paramount importance of truthfulness and accuracy in advertising, indicating a resolute stance against deceptive marketing practices. The controversy surrounding Patanjali's advertisements has...

Mergers & Acquisitions In India

In the competitive business world today, companies are always looking for ways to minimize costs and increase revenue. In this process, many times companies are amalgamated, merged, demerged, or converted into LLP or partnership firms for economies of scale, to increase in market share and to improve their business, and generally to plan their affairs. On the other hand, acquisitions provide a means of market expansion, diversification, synergy, and technology enhancement among other...

The Constitutional Mandate: High Courts' Role In Interim Relief

The Supreme Court vide its recent judgment titled High Court Bar Association Allahabad v. State Of Uttar Pradesh & Ors; 2024 LiveLaw (SC) 177 (hereinafter referred to as “High Court Bar Association Allahabad”) passed by a five-judge Constitution Bench overruled its decision passed vide judgement titled Asian Resurfacing of Road Agency Pvt. Ltd. v. Central Bureau of Investigation; (2018) 16 SCC 299 (hereinafter referred to as “Asian Resurfacing”) wherein it was held that interim orders...

Role Of Intellectual Properties In Advancement Of Green Technology

There is no formal meaning or specific explanation for the word "green tech." Rather, it enjoys a multitude of interchangeable concepts. Green technology, for instance, has been used interchangeably with terms like "clean tech," "climate-related technologies," and "environmentally sound technologies." However, green technology often consists of two components. First of all, it encompasses a wide range of technological domains, including technology for the production of renewable energy,...

India Has Introduced Innovative Updates To Its Patent Rules

On March 15, 2024, the Ministry of Commerce and Industry (Department For Promotion of Industry and Internal Trade) notified the Patents (Amendment) Rules, 2024 in the Official Gazette of India, which have already come into effect from the date of publication, i.e., March 15, 2024. The amended rules aim to introduce substantial changes to align with international standards, promote innovations among innovators, and protect their rights. The amendments target key areas of concern in the...

The Paradigm Of Real Estate Insolvencies: Judicial Trends, Roadblocks, And The Way Ahead

The Corporate Insolvency Resolution Process (“CIRP”) of a real estate company is fairly divergent from other sectors. The stressed real estate company may have multiple projects that may be at different stages of construction or geographical locations requiring a more flexible and innovative vision for its effective resolution. The judiciary while recognizing this divergence has not adopted a very pedantic and mechanical application of the Insolvency and Bankruptcy Code, 2016 (“Code”) to the...

The Maintenance And Welfare Of Parents And Senior Citizens Act 2007: A Sword That Needs Sharpening?

A land which is full of stories with ideal child like shrawan and Lord Rama who went beyond all the extent to fulfill their parents'wishes and the culture which teaches “Matru Devo Bhav” and “Pitru Devo Bhav” was pained by the existing scenario regarding the senior citizens in the Country. Therefore, to protect the rights and well beings of senior citizens a particular statue was enacted “The Maintenance and Welfare of Parents and Senior Citizens Act”, it consists of 7 chapters and...

The Maintenance And Welfare Of Parents And Senior Citizens Act, 2007: A Sword That Needs Sharpening?

A land which is full of stories with ideal child like shrawan and Lord Rama who went beyond all the extent to fulfill their parents'wishes and the culture which teaches “Matru Devo Bhav” and “Pitru Devo Bhav” was pained by the existing scenario regarding the senior citizens in the Country. Therefore, to protect the rights and well beings of senior citizens a particular statue was enacted “The Maintenance and Welfare of Parents and Senior Citizens Act”, it consists of 7 chapters and 32 ...

Spotlight On Implementation And Enforcement Of POSH Law

In its recent judgment in Aureliano Fernandes vs. State of Goa and Others, the Supreme Court of India, observed that even after a decade of the prevention of sexual harassment law being formulated – the implementation and enforcement is still inadequate. Lack of procedural awareness; lack of confidence in the process and outcome; lack of strict adherence to the enforcement regime and other practical challenges are the main reasons. 'However salutary this enactment may be, it will never succeed...

Luthra And Luthra Law Offices India Pays Tribute To The Late Founder Mr. Rajiv. K. Luthra With An Indian Classical Dance Musical Theatrical – '18 Days - Dusk Of An Era'

In a tribute to their late Founder & Managing Partner, Mr. Rajiv. K. Luthra, Luthra and Luthra Law Offices India presented a special Indian Classical Dance Musical titled "18 Days-Dusk of an Era" – a grand theatrical production on the 'War of Kurukshethra'The event, held on Wednesday, March 6, 2024, at the Kamani Auditorium in New Delhi, witnessed a remarkable gathering of esteemed guests, members of the legal fraternity, dignitaries, and government officials. The live cultural performance,...

An Analysis Of Judicial Conundrum On Writ Jurisdiction Of High Courts Against The Judgements Passed By The NCDRC In Appellate Jurisdiction

The Consumer Protection Act, 2019 (hereinafter referred to as the “Act”) which has replaced the erstwhile Consumer Protection Act, 1986, ensures a summary and speedy disposal of all consumer disputes. Under the Act, a Consumer can file a complaint depending upon the value of goods and services before the Commissions established under the Act as hereunder:before the District Consumer Disputes Redressal Commission (hereinafter referred to as the “District Commission”), where the value of goods or...

Reversal Of Input Tax Credit In Schedule-I Transactions (Without Consideration): Interplay Between Section 16(2) And Rule 37

Often transactions such as stock transfers, supply of corporate guarantee services, supply of technical and administrative services etc., between related parties (under GST) are carried out without any consideration. Since such supplies fall under the purview of Schedule-I of the CGST Act, the supplier is responsible to pay the applicable taxes to the Government. On the recipients' end, in terms of Section 16 of the CGST Act, the eligibility to avail the Input Tax Credit (“ITC”) would be subject...