Constitutional personal-liberty safeguards limit PMLA twin bail conditions where completed investigations lead to prolonged incarceration before trial...
Automated airline software subscriptions without human intervention fail technical-services characterisation and do not make available underlying tech...
Business support recruitment and training receipts qualify for presumptive business taxation, not professional taxation under technical consultancy ru...
Treaty exemption for foreign permanent-establishment management fees prevailed, while dividend expense disallowance remained limited to an accepted al...
Centralised assessment transfers: participation after requesting centralisation can bar technical jurisdictional challenges, while assessment disputes...
Binding precedent remains operative despite pending challenge, supporting deletion of interest disallowance when debt is converted into preference sha...
Company-name rectification under Section 16(1)(b) turns on whether the impugned name is identical with or too nearly resembles a registered trade mark, without requiring proof of likely deception or confusion. Competing names must be compared holistically, including phonetic and structural similarity, rather than by separating individual components. Applying that approach, "TOPLAD" was found too nearly to resemble "TOPLAND"; omitting "N" did not create sufficient visual or phonetic distinction for an Indian consumer of average intelligence. The rejection of rectification was set aside, and adoption of a non-resembling company name was required.
Company-name rectification under Section 16(1)(b) turns on whether the impugned name is identical with or too nearly resembles a registered trade mark, without requiring proof of likely deception or confusion. Competing names must be compared holistically, including phonetic and structural similarity, rather than by separating individual components. Applying that approach, "TOPLAD" was found too nearly to resemble "TOPLAND"; omitting "N" did not create sufficient visual or phonetic distinction for an Indian consumer of average intelligence. The rejection of rectification was set aside, and adoption of a non-resembling company name was required.
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