2017-TIOLCORP-NEWS-095 | Monday, May 15, 2017

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Tiolcorplaws

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Farm Income: Too Taxing! (Episode 2) | simply inTAXicating
 
 
 
IP LAWS
 
2017-TIOLCORP-55-HC-KOL-IPR

ITC Ltd Vs Irinjalakuda Town Cooperative Bank Ltd

Whether a suit for infringement of trademark would be maintainable in a court if the plaintiff carries on business within the jurisdiction of such Court and the defendant has also 'purposefully availed' itself of the forum court - YES: HC

Whether cause of action for passing off and infringement can be joined, in terms of Clause 14 of the Letters Patent, if claim for infringement is ignored and suit relating to passing off is assessed without any averment in the plaint for the independent cause of action relating to passing off - YES: HC

Case disposed of: CALCUTTA HIGH COURT

 
FEMA/ PMLA
 
2017-TIOLCORP-03-HC-DEL-PMLA

Anand Chauhan Vs Directorate Of Enforcement

Whether in a case involving money laundering the provisions of PMLA will have an overriding effect and the provisions of the Cr.P.C shall apply insofar as they are not inconsistent with the provisions of the PMLA - YES : HC

Whether a person can be charged under PMLA even if proceeds of the crime has been acquired by another person and the person has only assisted or abetted in the crime - YES: HC

Whether while dealing with the bail application court can take into consideration aspects which fall within the realm of writ jurisdiction - NO : HC

Application dismissed: DELHI HIGH COURT

 
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