The Hon’ble Supreme Court recently decided 7 Appeals in the case of Gujarat State Civil Supplies Corporation Ltd. v. Mahakali Foods Pvt. Ltd., though factually distinct, however, involving common questions of law. Upon hearing and considering the submissions, both in favour and against the proposition that ‘the provisions regarding delayed payments under the MSME Act […]

The Accused No. 3 being the Managing Director of the Accused No. 1 Company filed a Petition before the Hon’ble Madras High Court under section 482 of Cr.P.C. for quashing of the Criminal Complaint filed inter alia against him by the Respondent being the Complainant therein, for an offence under section 138 of the Negotiable […]

The National Payments Corporation of India (“NPCI“) vide its operating circular dated July 5, 2022 (“Circular“) has issued fresh guidelines in relation to collection and usage of geo-tagging data by Unified Payments Interface (“UPI“) applications and third-party service providers. The Circular is issued in addition to the existing customer data collection guidelines of NPCI in respect to UPI transactions and […]

Ever wondered if you could be in trouble because of your opinion, feedback, review, statement, comment and/or post on any social media platform viz. LinkedIn, Facebook, Youtube, etc. By trouble, we mean posting malicious content that can harm the reputation of a person including an entity. This is known and termed as ‘Defamation’, which is […]

The Supreme Court in the case of Devika Singh v. CAT (C.A. No 5308 of 2022) recently held that existence of spouse’s biological children from his prior marriage would not impinge upon the statutory entitlement for grant of maternity leave.  Moreover, the Court in its judgment made observations with respect to persons to whom maternity benefits shall not be denied due […]

Service Charge can be defined as the fee collected by the service provider for the services and facilities that are being provided by  them. Service charge is usually charged in the tertiary sector of the economy such as in restaurants, tourism, banking, etc. ​ Take on Service Charge:​ As per the ‘Guidelines to prevent unfair trade practices and […]

The Plaintiff in the matter of Carlsberg Breweries A/S Vs. Tensberg Breweries Industries Pvt. Ltd.& Ors. [CS (COMM) 646/2022] sought an ad-interim injunction against the Defendant, claiming it to having adopted a deceptively similar mark- ‘Tensberg‘. While the Defendant accused Carlsberg of misrepresentation and argued that they had been marketing their products since 2018, so the Plaintiff had prior knowledge of the same, […]

CONCURRENT PUNISHMENT: When the Accused serves all the sentences in respect of two or more offences at the same time.​ CONSECUTIVE PUNISHMENT: When the Accused has to finish serving the sentence for one offence before it starts to serve the sentence for any other offence. The Hon’ble Supreme Court in its latest decision in the matter of Malkeet Singh Gill v/s The State […]

The Karnataka High Court in the recent case of Amit Garg Vs. State of Karnataka held that the criminal law cannot be set into motion for recovery of money paid under a contract, unless the offence of cheating or even criminal breach of trust is established.​ The Petitioner therein had approached the High Court seeking to quash the FIR registered against […]

The Reserve Bank of India (“RBI”) in its move towards promotion of digital payments, has allowed foreign inward remittances under the Rupee Drawing Arrangement (RDA) into a KYC compliant bank account of the billers (beneficiary) for various bill payments through Bharat Bill Payment System (“BBPS”) via circular dated September 15, 2022. ​ ​BBPS was conceptualized by the RBI and […]