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Presidential Reference Made to Supreme Court Seeks Advisory Opinion on Telecom Licences and Spectrum Allocation Policies. Reference Under Article 143(1) Recites Historical Grant of Licences from 1994 to 2008 Including First-Come-First-Served and Revenue Share Regimes.

Background: The President of India made a reference under Article 143(1) of the Constitution on 12.04.2012, seeking the advisory opinion of the Suprem...

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Bombay High Court Dismisses Petitioner's Challenge to State Commission's Order Setting Aside Attachment in Consumer Dispute. Earlier writ petition challenging same order dismissed for non-prosecution; no fresh cause of action shown.

The petitioner, R.B. Upadhyay, filed a consumer complaint against Vodafone Essar Ltd. (respondent No.2) for deficiency of service on 20 March 2008, al...

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KAHC010069912016_1

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Karnataka High Court Allows Online Liquor Delivery Platform in Excise License Dispute. The court held that the petitioner's order processing and delivery services do not amount to 'sale' under the Karnataka Excise Act, 1965, and quashed the Excise Commissioner's letter demanding a license.

The petitioner, Hip Bar Pvt. Ltd., is a company incorporated under the Companies Act, 2013, offering a semi-closed prepaid payment instrument (mobile ...

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Supreme Court Examines Bona Fides of Insolvency Proceedings by Telecom Service Providers to Avoid AGR Dues. The Court held that no fresh dispute on AGR dues can be raised after final judgment and that spectrum cannot be subject of IBC proceedings.

The Supreme Court was hearing miscellaneous applications in the ongoing litigation concerning the definition of Adjusted Gross Revenue (AGR) and the p...

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Supreme Court Dismisses Revenue's Appeal, Classifies Car Matting as Carpet Under Chapter 57 of Central Excise Tariff Act, 1985. HSN Explanatory Notes and Specific Description Principle Applied to Hold That Car Matting Is More Specifically Described as Carpet Than as Motor Vehicle Accessory.

The case involved two appeals by the Commissioner of Central Excise, Delhi-III against a common decision of the Customs Excise & Service Tax Appellate...

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Supreme Court Examines Bona Fides of Insolvency Proceedings by Telecom Service Providers to Avoid AGR Dues. The Court held that AGR dues are final and no fresh disputes can be raised, and directed examination of whether insolvency proceedings under IBC are a subterfuge.

The Supreme Court was hearing applications in the ongoing AGR dues matter, where the Union of India sought extension of time for payment. The Court ha...

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Bombay High Court Considers Interim Injunction Application in 'AirTel' Trademark Dispute Between Telecom and Liquor Companies. Plaintiffs Allege Passing Off and Copyright Infringement Against Defendants Using Identical Mark on Alcoholic Beverages.

The plaintiffs, a leading telecommunications company providing mobile services under the brand 'AirTel', filed a suit against the defendants, a liquor...

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Supreme Court Dismisses Section 11 Petition for Appointment of Arbitrator in International Commercial Arbitration Dispute. Seat of Arbitration Held to be Dubai, UAE, Not India, Based on Express Terms of Distributorship Agreement.

The present petition was filed under Section 11(6)(a) read with Section 11(12)(a) of the Arbitration and Conciliation Act, 1996, seeking appointment o...