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FSSAI Mandates Calorie Display; Zerodha CEO Reacts

Zerodha co-founder Nithin Kamath has voiced his support for the government’s initiative, highlighting the significance of displaying calorie and carbohydrate information on menus. According to a report in The Economic Times, the Food Safety and Standards Authority of India (FSSAI) is preparing to enforce regulations on restaurant chains with 10 or more outlets that have yet to include nutritional information on their menus. This regulation, which was originally implemented in July 2022, could significantly affect thousands of restaurants across the country that are non-compliant.

Kamath suggests that presenting calorie and carbohydrate data as a percentage could make it more understandable, thus promoting healthier eating habits among Indians. In his post on X (formerly Twitter), he stated, ‘Seeing calories, protein, carbs, etc., on a menu is a good start. Ideally, we need to see calories as a percentage of daily calories, proteins, etc. Most Indians don’t yet understand calories, but potentially, they could as a percentage. But yeah, one step at a time, and this mandatory display is a great first step.’

Dietician Suhani Seth Agarwal, Head of Department, Dietetics at Yatharth Super Speciality Hospital, Noida, acknowledges the merits of this initiative but also notes potential drawbacks.

For most people, adding calorie information to restaurant menus is a positive step toward healthier eating habits. It enables consumers to make more informed choices, particularly for those who are conscious of their weight, managing conditions like diabetes, or aiming to maintain a balanced diet. This transparency can help diners control portion sizes and select meals that align with their daily caloric needs, potentially leading to better public health outcomes.

However, focusing too much on calorie counts can have negative effects, especially for individuals with eating disorders or an unhealthy obsession with calorie counting. Seth points out that this emphasis on numbers may lead people to prioritise calorie reduction over nutritional quality, potentially avoiding nutrient-dense foods simply because they are higher in calories. Additionally, the constant visibility of calorie numbers could increase food anxiety, leading to a restrictive mindset and a strained relationship with food.

While calorie labelling can be a useful tool for those with specific health conditions or dietary goals, it should be part of a broader nutritional approach, rather than the sole focus.

In light of the Food Safety and Standards Authority of India (FSSAI) enforcing new regulations on displaying calorie and carbohydrate information on menus. The move is generally seen as positive, it also brings potential challenges, such as the risk of an overemphasis on calorie counts leading to unhealthy food choices or anxiety.

Navigating regulatory changes and ensuring compliance with new standards can be complex. Vakilsearch offers expert legal support to help businesses adapt to these regulations seamlessly. Our experienced professionals provide tailored guidance to ensure your business meets FSSAI requirements efficiently while addressing any potential drawbacks in the new regulations.

Deleting Messages Not a Crime: SC Grants Bail to K Kavitha

In a recent Supreme Court hearing, the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) levelled accusations against BRS leader K Kavitha, claiming that she had engaged in ‘tampering with evidence’ by deleting messages and formatting her mobile phones. These actions, according to the agencies, were intended to obstruct justice. However, during the proceedings on Tuesday, the Supreme Court indicated that simply deleting messages from a phone is ‘normal behaviour’ and cannot be considered a criminal act. It went on to give offer Bail, stating unless there is additional supporting evidence its not a crime.

The case was presented before a bench comprising Justices B R Gavai and K V Viswanathan. The additional solicitor general, S V Raju, argued that Kavitha’s actions amounted to evidence tampering, a serious offence that warranted further legal scrutiny. He asserted that the deletion of messages and formatting of phones could potentially hinder the investigation.

This argument was met with strong opposition from senior advocate Mukul Rohatgi, who represented K Kavitha. Rohatgi countered by pointing out that people frequently use their phones in a casual manner, often treating them as disposable items. He explained that Kavitha had simply upgraded to a new phone and had formatted her old device before passing it on to her servant, a common practice that should not be construed as a criminal act. Rohatgi emphasised that changing phones and deleting personal data is a normal practice, not an indication of guilt.

The bench appeared to concur with Rohatgi’s reasoning, noting that it is not uncommon for people to own and use multiple phones. The justices pointed out that deleting messages or formatting a phone, in and of itself, does not constitute a criminal act. Justice Viswanathan elaborated on this point, remarking that mobile phones are private devices containing various types of personal information. He shared a personal anecdote, stating, ‘I have a habit of deleting messages in school and college groups were so many things are put,’ to highlight that such behaviour is part of ordinary human conduct and should not be automatically viewed with suspicion.

The court’s observations suggest a nuanced approach to the issue. Before offering Bail it recognised that actions like deleting messages and formatting phones are common and not inherently indicative of criminal intent. The case remains ongoing, with further evidence needed to substantiate any claims of wrongdoing.

Navigating complex legal cases involving accusations of evidence tampering requires expert legal support. Vakilsearch’s experienced legal professionals are adept at handling intricate scenarios like these, offering tailored advice and strategic defense to safeguard your interests. Our team is well-versed in addressing Bail, similar legal challenges and ensuring that your case is presented effectively in court. If you find yourself facing accusations or require guidance on managing sensitive legal issues, Vakilsearch is here to provide expert support. Our comprehensive legal services are designed to help you navigate and resolve complex legal matters with confidence.  

Chandigarh Student Navjot Singh Files 77 Patents

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Navjot Singh has set a new record by filing 77 patents while studying at Chandigarh University, showcasing an extraordinary level of student innovation. His patents cover advanced technologies such as smart parenting devices and AI-driven network security solutions.

Singh’s achievements have garnered significant attention in the tech world, positioning him as a leading tech visionary. His patents, which include innovations like ‘Revolutionising Network Security with Sustainability,’ ‘Smart Baby Toy Revolutionises Parenting,’ and ‘Intelligent IoT-Enabled Library Bookshelves,’ demonstrate his ability to merge cutting-edge technology with practical solutions. Other notable inventions include a ‘Portable Device Integrating Nano-Sensors and IoT for Early Detection of Plant Pathogens’ and a ‘Real-Time AI-Powered System for Network Anomaly Detection.’

Singh credits his success to the comprehensive support and resources provided by Chandigarh University, which has created a thriving research environment with its 30 industry-sponsored labs and 32 centres of excellence. Chancellor Satnam Singh Sandhu praised Singh’s achievements, highlighting the university’s role in nurturing innovation.

As the son of an Indian Army officer from Ludhiana, Punjab, Singh is grateful for the university’s role in his research career and aims to boost India’s position in the Global Innovation Index, currently ranked 40th. 

His accomplishments have been recognised with several awards, including the Baroda Achiever Award 2024 and Chandigarh University’s Best Researcher of the Year award. Singh has also excelled in national and international competitions, such as the Smart India Hackathon and the e-Suraksha Hackathon 2024, where he placed 6th among 100 teams.

Navjot Singh’s extraordinary achievement of filing 77 patents while studying at Chandigarh University highlights the critical role of expert patent registration services in fostering innovation. For innovators like Singh, ensuring that their groundbreaking ideas are protected and properly registered is essential.

Vakilsearch offers comprehensive patent registration services that guide inventors through the complex patenting process with ease. Our team of experts provides tailored support, from patent search and filing to securing and defending intellectual property rights. With Vakilsearch, innovators can confidently safeguard their inventions and focus on driving future advancements. Whether you’re a student or a seasoned inventor, our services ensure your intellectual property is well-protected and your innovative ideas are set for success.

No GSTR-1 Filing Without Valid Bank Accounts From1 September

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The GST Network (GSTN) has issued an advisory, urging all taxpayers who have not yet updated their valid bank account details to do so promptly on the GST portal. As per the recent amendment to GST regulations, registered taxpayers are now required to provide their bank account details, including the account holder’s name and PAN, within 30 days of obtaining registration or before filing the outward supply statement in Form GSTR-1 or using the Invoice Furnishing Facility (IFF), whichever comes first.

Effective from 1 September 2024, taxpayers who fail to furnish these bank account details will be prohibited from filing their GSTR-1 returns. This amendment, approved by the GST Council in its July meeting last year, aims to enhance the registration process’s integrity and curb the rising issue of fake and fraudulent GST registrations.

GSTN, in its advisory dated 23 August 2024, emphasised the importance of compliance with this requirement. Taxpayers are strongly advised to update their bank account information in their GST registration details to avoid any disruption in filing returns starting from the August 2024 tax period onward. Non-compliance will result in the inability to file GSTR-1 or IFF returns.

Vakilsearch can help taxpayers comply with the new GST regulations by assisting with the timely updating of bank account details on the GST portal. Our expert team ensures that all necessary information, including the account holder’s name and PAN, is accurately provided within the stipulated time frame, preventing any disruptions in filing GSTR-1 returns. By leveraging Vakilsearch’s services, taxpayers can stay compliant with GST requirements, avoid penalties, and ensure a smooth and uninterrupted filing process.

Delhi HC Declares ‘Boroline’ As Well-Known Trademark

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The Delhi High Court has officially recognised ‘Boroline,’ used for marketing an antiseptic Ayurvedic cream, as a well-known trademark under the Trade Marks Act,1999. Justice Mini Pushkarna emphasised that ‘BOROLINE’ has undeniably achieved household name status and is one of the oldest trademarks, continuously in use since before India’s independence.

The court ordered the Registrar of Trademarks to add ‘Boroline’ to the list of well-known trademarks after G.D. Pharmaceuticals, the company behind Boroline, completes the necessary formalities. Additionally, the court issued a permanent injunction against Cento Products, prohibiting them from manufacturing, selling, or advertising products with the name ‘BOROBEAUTY.’

The court highlighted the long-standing use of the ‘Boroline’ trademark, referencing an advertisement for the product that appeared in a newspaper on August 15, 1947, the day India gained independence.

The lawsuit, filed by G.D. Pharmaceuticals in 2019, claimed that Cento Products had adopted the mark ‘BOROBEAUTY,’ which was deceptively similar to the registered trademark ‘BOROLINE.’ Boroline was concerned about the imitation of its iconic trade dress, featuring a distinct dark green tube with an octagonal black cap. The court ordered Cento Products to change its trade dress and trademark to something entirely different from Boroline’s well-known branding.

The court further instructed Cento Products to avoid using the dark green color scheme associated with Boroline and to choose a new trade name that does not include the prefix ‘BORO’ or resemble the ‘BOROLINE’ trademark. Given the prolonged duration of the lawsuit, the court also directed Cento Products to pay ₹2 lakhs in costs to Boroline.

Vakilsearch can assist in protecting your well-known trademarks by offering expert legal advice on securing and enforcing trademark rights. They ensure compliance with court orders, manage trademark registrations, and handle disputes with precision. For cases like Boroline’s, Vakilsearch can facilitate the necessary legal formalities for recognition as a well-known trademark, implement court directives, and negotiate settlements to uphold your brand’s distinctiveness and market position effectively.

HC Grants ‘Burger King’ Interim Relief, Bars Restaurant from Using Its Name

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The Bombay High Court has granted interim relief to Burger King, restraining a Pune eatery from using the ‘Burger King’ name until 6 September 2024. This decision overturns a previous ruling by a Pune court. The Pune eatery, which has been using the name since 1992, faced a lawsuit from Burger King Corporation, filed in 2011, arguing that the name’s use caused significant damage to their brand. 

Despite the Pune court initially ruling in favour of the eatery, Burger King appealed to the Bombay High Court. A division bench, led by Justices A S Chandurkar and Rajesh Patil, extended an earlier ad-interim order from 2012 that temporarily barred the eatery from using the name.

Burger King’s lawyer, Hiren Kamod, contended that the Pune court’s decision was flawed, pointing out the fast-food giant’s extensive operations in India, including six outlets in Pune. Kamod stressed the potential harm to Burger King’s business and goodwill if the eatery continued using the name.

On the other side, Abhijit Sarwate, representing the eatery’s owners, Anahita and Shapoor Irani, argued that the local business had built its reputation over decades and accused Burger King of attempting to capitalise on their established goodwill. Sarwate also mentioned that the eatery had recently resumed using the ‘Burger King’ name online.

While the court initially intended to set a final hearing next month, it opted to expedite the process due to the long-standing nature of the dispute and the urgency expressed by the eatery’s lawyer.

Vakilsearch provides robust support in trademark disputes by offering expert consultations to devise effective legal strategies, ensuring proper trademark registration, and enforcing your rights through cease-and-desist actions or litigation. Our team handles all aspects of legal representation in court, negotiates settlements, and offers ongoing monitoring to protect your brand from infringement. With Vakilsearch, businesses gain a reliable partner to safeguard their trademark and maintain market position effectively.

HC Fines German Company ₹1 Lakh for Delayed Petition Filing

In a recent decision, the Bombay High Court imposed a ₹1 lakh penalty on the German firm AIC246 AG & Co. KG for a 91-day delay in filing a petition related to a patent dispute. The company had requested the Court to excuse the delay, citing the complexity of the case and the time needed to receive instructions from Germany due to the technical nature of the patent issues.

However, Justice R.I. Chagla rejected these arguments, asserting that the provisions of the Patents Act, 1970 apply equally to all companies, regardless of whether they are Indian or foreign. The Court was not persuaded by the company’s argument that being based in Germany contributed to the delay, especially in obtaining and notarising documents. Justice Chagla stressed that the company’s German origin did not justify the delay, and statutory deadlines under the Patents Act must be adhered to.

AIC246 AG & Co. KG approached the Court after the Indian Patent Office rejected its patent application in June 2023. The company attributed the delay in filing the challenge to consultations between its legal teams in India and Germany, which were reportedly necessary due to the technical complexities of the patent rejection, including issues related to novelty, inventive steps, and non-patentability under Section 3(d) of the Patents Act.

However, the Court found the petition lacking sufficient details to justify the delay. Justice Chagla observed that the delay was twice the statutory period allowed for such filings under the Patents Act and noted that the company had shown no urgency in meeting the deadline.

As a condition for accepting the late petition, the Court ordered AIC246 AG & Co. KG to pay ₹1 lakh to the Baldeodas Bhagirathi Shah Trust within two weeks. AIC246 AG & Co. KG was represented by advocates Amey Nargolkar, Nisha Austine, and Dhiren Karania, briefed by Khaitan & Co. The respondents were represented by advocates Rashmin Khandekar, Anand Mohan, Vandita Malhotra Hegde, Rishi Mody, and Archi Gala, briefed by VMH & Associates.

The recent decision by the Bombay High Court to impose a ₹1 lakh penalty on the German firm AIC246 AG & Co. KG for a 91-day delay in filing a petition highlights the importance of adhering to statutory deadlines in patent disputes. This case underscores the stringent timelines set under the Patents Act, 1970, and the limited flexibility the courts have in extending these periods, even for foreign entities.

Vakilsearch is dedicated to providing comprehensive legal support to ensure that clients navigate the complexities of patent law efficiently and effectively. For expert advice or assistance on patent disputes, compliance, or filing procedures, contact Vakilsearch’s experienced intellectual property attorneys.

HC Petition Calls for Investigation into CGPDTM ‘Irregularities’

A petition filed before the Delhi High Court has brought to light several alleged irregularities at the Office of the Controller General of Patents, Designs, and Trade Marks (CGPDTM). These include the arbitrary reallocation and abandonment of patent applications, the revival of previously dismissed ones, and cases being withdrawn and reassigned to new officers without a reasoned written order. The petition, filed by the All India Patent Officers’ Welfare Association of Group A officers, highlights concerns over these practices, which are said to undermine the statutory quasi-judicial functions of patent officers.

The petition seeks an inquiry into the actions of the information technology (IT) division of the CGPDTM, arguing that contract-hired officers in this division have interfered with the patent grant and refusal process with undue impunity. According to the petition, the reallocation of patent applications and other processes must strictly adhere to Section 73(4) of the Patents Act, 1970, and other relevant laws, necessitating a reasoned order for any reallocation.

However, the petition alleges that the IT division has violated the law by transferring, withdrawing, and in some cases, declaring patent applications as dead, while reviving others without proper authorization. These ‘unlawful acts,’ the petition argues, create opportunities for ‘corruption’ and ‘favoritism.’

In response to these allegations, Justice Subramonium Prasad’s bench has issued a notice to the CGPDTM, requesting a response, with the matter scheduled to be heard again on September 30.

The petitioners initially raised their concerns with the Union Ministry of Commerce, providing detailed accounts of the alleged irregularities. When no response was received, the association approached the Delhi High Court.

The petition further claims that IT officers have bypassed the automated system designed to allocate patent applications without human intervention, opting instead for manual reallocation. This, according to the petition, has compromised the impartiality and confidence in the patenting process and cast doubt on data regarding the pendency and disposal of applications.

The petition highlights instances where patent applications were reallocated to officers in different technical fields or where cases were reassigned even after hearings had taken place, which under the law, should only be decided by the officer who heard them. Additionally, it alleges that the IT team revived 100 applications previously denied patents and declared 11,000 pending applications as abandoned in 2020, without the required authority.

The petition emphasises the need for a ‘fair’ and ‘transparent’ patenting regime to foster innovation and research. It calls for an inquiry into these arbitrary practices to ensure the integrity of the patenting process and deter future misconduct.

The petition filed before the Delhi High Court concerning alleged irregularities at the Office of the Controller General of Patents, Designs, and Trade Marks (CGPDTM) raises significant concerns about transparency and adherence to statutory procedures in the patenting process. The claims of arbitrary reallocation, unwarranted abandonment, and unauthorized revival of patent applications highlight potential breaches of legal norms that are critical for maintaining a fair and impartial patent system.

Vakilsearch is committed to fostering a transparent and fair patenting environment that promotes innovation and research. For expert advice or legal assistance on patent law compliance, disputes, or application procedures, reach out to Vakilsearch’s experienced intellectual property attorneys.

HRERA Fines ‘1000 Trees’ Housing Project Promoter

The Haryana Real Estate Regulatory Authority (HRERA) has imposed a penalty of ₹1.5 crore on Gurugram-based 1000 Trees Housing Pvt Ltd for failing to register its project even 12 years after obtaining the necessary licence and selling flats to buyers. 

The Gurugram bench of HRERA noted that despite securing a licence from the Haryana Department of Town and Country Planning in 2012, 1000 Trees Housing went ahead and created third-party rights in the project, which violated the Real Estate (Regulation and Development) Act of 2016.

Although the real estate promoter had applied for project registration to complete construction and deliver units to homebuyers, HRERA’s scrutiny revealed that it was an ongoing project. 1000 Trees Housing had sold units to homebuyers without obtaining the required RERA registration.

According to regulations, a promoter must register their project with RERA before creating third-party rights or advertising, once they have obtained a licence from the competent authority.

In January 2024, the Gurugram bench of HRERA had previously ordered a refund of ₹25.99 lakh with an annual interest of 10.85% to a homebuyer and directed its planning branch to initiate separate proceedings against 1000 Trees Housing for non-registration of the project.

The Haryana Real Estate Regulatory Authority’s (HRERA) decision to impose a ₹1.5 crore penalty on 1000 Trees Housing Pvt Ltd underscores the critical importance of compliance with the Real Estate (Regulation and Development) Act (RERA) of 2016. This action highlights the authority’s commitment to protecting homebuyers’ interests and enforcing stringent regulations in the real estate sector.

Vakilsearch is dedicated to helping both developers and homebuyers navigate the real estate legal landscape effectively. For expert legal advice on RERA compliance, project registration, or homebuyer rights, contact Vakilsearch’s team of experienced real estate attorneys.

Kolkata Doctor Rape-Murder Case: Sanjay Roy’s Statements During CBI Polygraph Test Revealed

Sanjay Roy underwent a polygraph test just days after proclaiming his innocence in Kolkata Doctor Rape-Murder Case. Roy, the primary suspect in the rape and murder of a trainee doctor at Kolkata’s RG Kar Medical College and Hospital, reportedly asserted during the lie-detector test that the victim was already dead when he arrived at the seminar hall.

According to reports from ToI, the polygraph test highlighted several false and unconvincing responses, and Roy appeared visibly anxious during the process. As the CBI presented various pieces of evidence, Roy provided multiple alibis, maintaining that he discovered the victim’s body and fled the scene out of fear. However, the police and CBI found significant inconsistencies in his claims of innocence.

Previously, Roy had confessed to the crime according to the Kolkata police, but he recently reversed his stance, claiming he was being framed. Despite his assertions, investigators remain unconvinced, particularly given the injuries on his face and his presence in the building at the time of the crime.

The victim was found dead in the hospital’s seminar hall, with an autopsy revealing signs of sexual assault and 25 injuries, including on her private parts. CCTV footage captured Roy entering the premises at 4:03 am on August 9, and his Bluetooth headset was found at the crime scene. A psychoanalytic profile of Roy described him as a ‘pervert with animal-like instincts and a severe addiction to pornography.’