2017-TIOLCORP-NEWS-138 | Friday, July 14, 2017

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TIOL TUBE VIDEO
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GST Rollout - One Week After | simply inTAXicating
 
 
 
COMPANIES LAW
  2017-TIOLCORP-41-HC-MUM-CA

Tata Sons Ltd

Whether non­promoter shareholders of Tata group companies having same type of proprietary right need not have a common cause to file suit along with the others - YES : HC

Whether expression “ same interest in one suit" would imply mean “same cause of action” - NO: HC

Whether each individual shareholder has a separate cause of action, entail a separate inquiry into quantum of damages and no one can, claim damages on behalf of others - YES : HC

Whether Court would reverse the board decisions and reinstate Mr. Mistry, when there is possibility that not every non promoter shareholder, wants the return of Mr. Mistry - NO : HC

- Case dismissed: BOMBAY HIGH COURT

 
IP LAWS
 
2017-TIOLCORP-78-HC-DEL-IPR

Shammi Narang Vs Pindrop Music App Pvt Ltd

Whether interim injunction granted in favour of the trademark owner deserves to be vacated if the infringing party also possesses registration in respect of the same trade name / mark in another class and this fact was not revealed by the trademark owner at time of obtaining such injunction - YES: HC

Whether when both parties in dispute have registered trademarks under different class and the services of both parties are different then no single party can be given special privilege or exclusive right to use mark - YES : HC

- Case dismissed: DELHI HIGH COURT

 
FEMA & PMLA
 
2017-TIOLCORP-05-HC-DEL-FEMA

Madhav Maganlal And Company Vs UoI

Whether a SCN issued u/s 51 of FERA would be valid if it is issued within the time period prescribed under the sunset clause of FEMA but is served on the party after the expiry of such period - YES: HC

Whether both company and the person in charge of business can be held guilty for contraventions made under FERA and separate penalties can be imposed on both for such contraventions - YES: HC

Whether statement made u/s 108 of Customs Act can be used as material evidence in adjudication proceeding under FEMA - YES: HC

Whether acquittal of the appellant under Customs Act would not lead to his automatic acquittal under FERA as the provisions of both the Acts are distinct from each other - YES: HC

- Appeal dismissed: DELHI HIGH COURT

 
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SEBI REGULATION
  Securities and Exchange Board of India (Stock Brokers and Sub-Brokers) (Amendment) Regulations, 2017

SEBI (Stock Brokers and Sub-brokers) Regulations, 1992 - last amended on July 13, 2017

SEBI (Debenture Trustees) (Amendment) Regulations, 2017

 
MCA NOTIFICATION
  MCA_Notification_14-07-2017

[F.No.1/32/2013-CL-V-Part]

MCA NOTIFICATION Corrigendum

[F.No.1/1/2014-CL-V]

 
CORP EINSICHT
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