Can an appellate tribunal cure a lower authority’s failure to record a mandatory statutory finding by simply recording that finding itself? The Bombay High Court answered no in Coda Payments India Pvt. Ltd. v Dy. Director, Directorate of Enforcement1, setting aside orders sustaining the freezing of bank accounts and payment aggregator accounts valued at approximately Rs 100 crore. A Division […]
Can descriptive and generic culinary terms acquire secondary meaning over time and receive judicial protection against “smart copying”? The Delhi High Court answered yes in Capital Foods Pvt. Ltd v. Patson Foods (India) Pvt Ltd.1(order dated 25 August 2026) restraining competitors from using “ Schezwan Chutney” as the dominant feature on condiment packaging. In 1996, Capital Foods launched a bold […]
The Insolvency and Bankruptcy Board of India (“IBBI”) has issued Circular No. IBBI/CIRP/105/20261 dated September 09, 2026, directing Insolvency Professionals (“IPs”) to exercise due diligence and remain vigilant against potential misuse of the insolvency framework under the Insolvency and Bankruptcy Code, 20162. (“IBC” or “Code”). The circular follows information received by the IBBI from law enforcement and regulatory agencies regarding […]
