Writ Petition Against An Award Passed By A Facilitation Council Under MSMED Act Not Maintainable: Supreme Court

The Supreme Court recently held that a writ petition against an award passed by a Facilitation Council under the Micro, Small and Medium Enterprises Development (MSMED) Act, 2006 would not be maintainable. The bench comprising CJI DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra held that the correct remedy against an award under the Act was provided under Section 34 of the Arbitration and Conciliation Act 1996 and approaching a High Court instead of pursuing the said remedy...

In Suit For Passing Off, Plaintiff Required To Prove Figures Of Sale/ Advertisement Expenses To Establish Goodwill : Supreme Court

The Supreme Court has reiterated that in a suit for passing off, for establishing goodwill of the product, it is necessary for the plaintiff to prove not only the figures of sale of the product but also the expenditure incurred on promotion and advertisement of the product. The Court was hearing an appeal against the decision of the High Court, who had stayed the execution of the decree passed by the Triall Court in favour of the appellant-plaintiff in a suit for copyright infringement and...

MSMED Act 'Dues' Will Not Prevail Over SARFAESI Proceedings : Supreme Court

The Supreme Court observed that the dues under Micro, Small and Medium Enterprises Development Act, 2006 would not prevail over the SARFAESI Act.In this case, the Madhya Pradehs High Court held that MSMED Act will prevail over Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. According to the High Court, in view of Section 24 of the MSMED Act which provides that the provisions of Sections 15 to 23 of the MSMED Act would have overriding effect...

Party Who Was Not 'Supplier' On The Date Of Entering Into Contract Cannot Seek Any Benefit As Supplier Under MSMED Act : Supreme Court

The Supreme Court observed that a party who was not 'supplier' on the date of entering into contract cannot seek any benefit as the 'supplier' under the MSMED Act, 2006If any registration is obtained subsequently the same would have an effect prospectively and would apply to the supply of goods and rendering services subsequent to the registration, the bench of CJI UU Lalit and Justice Bela M. Trivedi observed.The bench was considering a batch of appeals which raised issues regarding interplay...

Section 63 Copyright Act - Copyright Infringement Is A Cognizable & Non Bailable Offence: Supreme Court

The Supreme Court held that the offence of copyright infringement under Section 63 of the Copyright Act is a cognizable and non ­bailable offence.If the offence is punishable with imprisonment for three years and onwards but not more than seven years the offence is a cognizable offence, the bench comprising Justices MR Shah and BV Nagarathna observed. BackgroundThe appellant had filed an application under Section 156(3) Cr.P.C. and sought directions from the Chief Metropolitan ...

Supreme Court Dismisses Director SJ Suryah's Plea For Injunction Against Hindi Remake Of Tamil Film 'Valee'

A Supreme Court bench of Justices MR Shah and BV Nagarathna recently upheld Madras High Court's order dated November 12, 2021 of refusing to grant injunction against the remake of the Tamil film "Valee".SJ Suryah, the director of the 1999 film starring Ajith and Simran, had approached the Top Court. Dismissing his petition, the Top Court in the order dated April 25 said, "We have heard Mrs. V. Mohana, learned Senior Advocate, appearing for the petitioner for about half an hour...

'Court Cannot Rewrite Statutory Language' : Supreme Court Sets Aside Madras HC Order Reading Down Advance Notice Condition For Broadcasters Under Rule 29(4) Of Copyright Rules

The Supreme Court set aside an interim order passed by the Madras High Court in a writ petition filed by some broadcasters/FM Radios challenging Rule 29(4) of Copyright Rules, 2013."Craftsmanship on the judicial side cannot transgress into the legislative domain by re-writing the words of a statute. For then, the judicial craft enters the forbidden domain of a legislative draft.", the bench of Justice DY Chandrachud and BV Nagarathna observed in the case Saregama India Limited vs. Next Radio...

Counter-Productive To Exercise Powers Under Patents Act Over COVID Vaccines, Drugs At This Stage, Centre Tells Supreme Court

The Centre has told the Supreme Court that it is not in favour of exercising powers under the Patents Act, such as compulsory licensing or government authorization, over COVID-19 vaccines and medicines at this stage.In an affidavit filed before the top court, the Central Government has said that it is engaging in diplomatic level talks with other nations for procurement of vaccines and medicines, and any discussion on exercise of statutory powers under Patents Act will be counter-productive at...

Why Centre Not Considering Compulsory Licensing For COVID Drugs Like Remdesivir, Tocilizumab? Supreme Court Asks

The Supreme Court on Friday asked the Central Government why it was not considering invoking the powers under the Patents Act for compulsory licensing or government authorized use for drugs like Remdesivir, Tocilizumab, Favipiravar, which are used for treating COVID-19 patients.A bench comprising Justices DY Chandrachud, L Nageswara Rao and S Ravindra Bhat raised the query while considering the suo moto case on COVID-19 issues (In Re Distribution of Essential Supplies and Services During...

Amounts Paid By Indian Companies To Use Foreign Software Not 'Royalty';Not Income Taxable In India; No TDS Liability : Supreme Court

Settling an important issue in the income tax law, the Supreme Court on Tuesday held that the amounts paid by Indian companies for the use of softwares developed by foreign companies do not amount to 'royalty' and that such payment do not give rise to income which is taxable in India.Therefore, there is no liability for Indian companies to deduct tax at source with respect to purchase of software from foreign companies."..the amounts paid by resident Indian end-users/distributors to ...

[Breaking] Compound Interest During Moratorium Period Can Be Waived For MSME & Personal Loans Up to Rs. 2 Crore: Centre Tells SC [Read Affidavit]

The Central Government on Friday informed the Supreme Court of its decision to waive compound interest during the six-month moratorium period, for MSME loans and personal loans up to Rs. 2 crore. The Union of India submitted that is has decided to continue the "tradition of handholding the small borrowers" and therefore, it has waived interest for the said period for the most "vulnerable category of borrowers" viz.: MSME loans up to Rs. 2 croreEducation loans up to Rs. 2 croreHousing...

Madras HC upholds Constitutional validity of S. 18 of Micro, Small and Medium Enterprises Development Act, 2006 [Read Judgment]

The High Court of Madras has upheld the Constitutional validity of Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006.The Court was hearing a petition filed by M/s. Refex Energy Limited. The company had placed three work orders with the respondent, M/s. Passive Infra Projects P. Limited for the supply of Galvanized Steel Structures/Solar Module Mounting Structures. Subsequent disagreements led to the filing of a claim petition under Section 18 of the MSMED Act, 2006...