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Madras High Court Adjudicates Trademark Opposition Over 'Big Bite' Mark in Class 30. Court Considers Application of Prior User Test and Relevance of Trans-Border Reputation Under Trademarks Act, 1999.

The appeals were filed under Section 91 of the Trademarks Act, 1999 against a common order dated 18.7.2014 by the Deputy Registrar of Trade Marks. The...

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Supreme Court Upholds Expulsion of MLC for Unparliamentary Conduct and Defiance of Ethics Committee — Principles of Natural Justice Not Violated as Petitioner Waived Right to be Heard by Repeatedly Avoiding Proceedings and Challenging Committee's Authority.

The petitioner, a Member of the Bihar Legislative Council (MLC) from the Rashtriya Janata Dal, challenged his expulsion from the Council based on a re...

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Supreme Court Allows Appeal of Foreign Company in Arbitration Dispute — Holds That Foreign Award Cannot Be Challenged Under Section 34 of Arbitration Act. Challenge to Foreign Award Lies Only Under Sections 47-48 for Enforcement, Overruling Bombay High Court's Reliance on Bhatia International.

The appellant, Noy Vallesina Engineering SpA (now Noy Ambiente S.p.a), an Italian company, challenged a judgment of the Bombay High Court which held t...

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Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act, 1961 for Lack of Fresh Material. Reopening Based on Same Material Considered in Original Scrutiny Assessment is Invalid.

The petitioner, Clear Media (India) Private Limited, a company engaged in FM Radio Broadcasting, filed its return of income for the assessment year 20...

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Bombay High Court Allows Auction Purchasers' Petition in SARFAESI Act Case Due to Overriding Effect of Section 26E Over MVAT Act. Property Purchased in SARFAESI Auction Held Free from Prior Sales Tax Attachment Under Section 38C of MVAT Act.

The petitioners, Shailesh K. Bothra and Mukesh C. Karwa, were auction purchasers of a property sold by Cholamandalam Investment & Finance Co. Ltd. (pe...

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Bombay High Court Dismisses Petition of Transport Operators Challenging Checkpost Fees Under Maharashtra Motor Vehicles Tax Act. Levy of Checkpost Fees Held Compensatory and Not Discriminatory Under Article 14.

The petitioners, seventeen transport operators having their principal place of business in Bangalore, Karnataka, filed a writ petition under Article 2...