Legal Pulse
Constitutional law
The Kerala government has set up a special tribunal in application of “the polluter pays principle” to enable aggrieved individuals to seek compensation and settle disputes with Coco-Cola after a state committee held the company guilty of causing “reckless” pollution and water depletion in the district of Plachimada.
Intellectual property (IP)
IP firm Lall, Lahiri and Salhotra partners Anuradha Salhotra and Rahul Chaudhry critique the proposed amendments to the Copyrights Act shortly before the upcoming parliamentary sessions.
Tax
Economic Laws Practice (ELP) has won a Rs 257 crore service tax reprieve for clients Jetlite before the Custom Excise & Service Tax Appellate Tribunal (CESTAT) which held that brand promotion without reference to services offered under business auxiliary services (BAS) category is not taxable.
Intellectual property (IP)
NUJS Kolkata professor Shamnad Basheer and a music company filed two public interest litigations (PILs) in the Madras High Court to mend gross “infirmities” and arbitrary “tribunalisation” in the constitution and functionality of the Intellectual Property Appellate Board (IPAB) and the Copyright Board.
Competition Law
Amarchand Mangaldas has challenged the Competition Commission of India’s (CCI) jurisdiction in a writ petition filed for Indian Oil Corporation (IOC) to prevent the anti-trust regulator, which is represented by Economic Laws Practice, from deciding on an aviation fuel suppy dispute with Reliance Industries Limited (RIL) represented by R Sariprabhu Advocates.
Tax
Exclusive: The Delhi High Court has again stayed the imposition of service tax imposition on immovable property rentals in one of the Home Solutions cases, reaffirming its earlier stance. The order contradicted a Punjab & Haryana High Court order and put the ball back into the Supreme Court, which had asked for the Delhi High Court to adjudicate.
Competition Law
The Competition Commission Appellate Tribunal (Compat) has stayed the Competition Commission of India’s (CCI’s) November order imposing a Rs 1 crore fine on Kingfisher airlines for alleged non-compliance in furnishing sufficient information in a cartelisation probe.
Competition Law
Exclusive: Economic Laws Practice (ELP) has been called in to draft Afghanistan’s new competition law regime together with the UK think tank Adam Smith Institute in a project funded by the UK government’s Department for International Development (DFID).
Competition Law
The Competition Commission of India (CCI) has made it first order, clearing 16 banks from the allegation of having acted in a cartel to fix penalty rates of homeowners foreclosing housing loans.
Competition Law
The Competition Commission of India (CCI) has heard 80 cases relating to allegedly anti-competitive agreements and dominant positions of enterprises, as 50 cases were transferred from the erstwhile Monopolies and Restrictive Trade Practices Commission (MRTPC), said corporate affairs minister Salman Khurshid in the Rajya Sabha yesterday.
Regulatory
Trilegal co-founding partner Rahul Matthan has drafted a proposal for the department of personnel training a create an Indian privacy and data protection law that would regulate the storage and disclosure of personal information.
Competition Law
The Competition Commission of India (CCI) has imposed a Rs 1 crore ($220,000) fine on Kingfisher Airlines for not providing sufficient information in the CCI’s investigation of the airline’s alliance with Jet Airways, according to the PTI.
Corporate
The department of industrial policy and promotion (DIPP) has invited public discussions on whether foreign direct investments should be allowed into entities and professional services firms, including law firms, incorporated as limited liability partnerships (LLPs).
Corporate
J Sagar Associates (JSA) managing partner Berjis Desai and Aditya Birla Group GC Ashok Gupta debate whether the Right of First Refusal (ROFR) has now come back to life with the latest Bombay HC judgement in the latest episode.
Dispute resolution, arbitration, litigation
Luthra & Luthra has won an anti-arbitration injunction for Sony-owned Multi Screen Media Satellite (MSMS) against former Indian Premier League (IPL) sports marketing company World Sports Group (WSG) restraining it from invoking or continuing with any international arbitration.
Competition Law
Singhania and Partners, represented by Seth Dua & Associates, has made a complaint against software giant Microsoft before the Competition Commission of India (CCI) alleging anti-competitive practices and abuse of a dominant position, according to news channel CNBC TV18.