Case Laws

Trademark Infringement

Infringement action can be maintained despite long delay in trademark use: Wockhardt Ltd v Remed Healthcare Pvt Ltd: In a recent order the Delhi High Court dealt with a dispute involving deceptively similar trademarks used in relation to pharmaceutical products. In Wockhardt Ltd v Remed Healthcare Pvt Ltd (25th April, 2014) a single-judge bench issued …

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Mr. Larry Lee  Mccallister Vs M/s.  Pangea3 Legal Data Base Systems Private Limited and others

16th November, 2013 Employment contract has nothing to do with the market of providing outsourced legal solutions A case was filed with the Competition Commission of India by an ex-employee working with an organization providing Legal Outsourcing Services. According to the terms of the employment contract with the organization, a clause barred him from accepting employment …

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Zhuhai Hansen Technology Co. Ltd. v. Shilpi Cable Technologies Ltd.

HIGH COURT OF DELHI Zhuhai Hansen Technology Co. Ltd. v. Shilpi Cable Technologies Ltd. CO. PETITION No. 333 of 2012 MARCH  19, 2013 Excercising Winding up not possible if disputes between parties pending- Section 433(e) and 434 of the Companies Act, 1956 The Petitioner, Zhuhai Hansen Technology Co. Ltd., a company incorporated in People’s Republic of …

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Rajasthan R.S.S & Ginning Mills Federation Ltd. v. Deputy Commissioner of Income Tax, Jaipur [SC]

CIVIL APPEAL NO. : 3880 of 2003 DECIDED ON : 29th April, 2014 RAJASTHAN R.S.S. & GINNING MILLS FED. LTD. …APPELLANT DY. COMMISSIONER OF INCOME TAX, JAIPUR. ….RESPONDENT MATTER : Income tax Act, 1961- Section 72- amalgamation of cooperative societies- whether carry forward of loss of the amalgamating societies is available to the amalgamated society- …

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Scheme of Amalgamation between M/s Wadala Commodities Limited and M/s Godrej Industries Limited    (“Applicant Company”)

Decided on: May 8, 2014 Sections 391 & 394 of Companies Act, 1956 read with Section 110 of Companies Act, 2013 and SEBI Circular No. CIR/CFD/DIL/8/2013 dated May 21, 2013. Scheme of Amalgamation between M/s Wadala Commodities Limited and M/s Godrej Industries Limited    (“Applicant Company”). Matter: For withdrawing the application for dispensing with an …

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Securities and Exchange Board of India Vs. Mb. Akshya Infrastructure Pvt. Ltd.

CIVIL APPEAL NO. 6041 OF 2013 Appellant Securities and Exchange Board of India Respondent Mb. Akshya Infrastructure Pvt. Ltd. Appeal was directed against the judgment and final order of Securities Appellate Tribunal, Mumbai (SAT) dated 19th June, 2013. The fundamental issue which arose in this appeal was whether an open offer voluntarily made through a …

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Tata Capital Financial Services Ltd vs. Clutch Auto Ltd

PETITION NO: 542/2012 DECIDED ON: 12-12-2013 CASE IN BRIEF: Section 433 & 434 Companies Act, 1956 – admitted debt – no improvements in settlement talks – whether the petition could be advertised – Held, Yes. Whether provisional liquidator to be appointed – Held, No. FACTS:The broad facts are that the petitioner financed the respondent company …

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Patel Ishwarbhai Bechardas V Add-Life Pharma Ltd[Guj]

C/AO/225/2012 Decided on : 05/12/2013 Sections 10 and 293(a) of the Companies Act, 1956 read with section 9 of the Code of Civil Procedure, 1908- Appellant PATEL ISHWARBHAI BECHARDAS & 8….(s) Versus Respondent(s) ADD-LIFE PHARMA LTD THROUGH DIRECTOR CHANDRAKANT & 2…. Brief facts: Defendant Company selling land without following the provisions of section 293(a) -shareholders …

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