ARTICLES

• Customs Duty And Common Wealth Games

Unless a duty exemption is granted by the Government of India, Ministry of Finance in exercise of powers conferred under Section 25(2) of the Customs Act, 1962, no such exemption can be allowed to an importer. Statutory liability arising under the provisions of the Customs Act under no circumstances can be the liability of a party who only agrees to assist the importer in obtaining the Customs exemption as held by the Hon’ble High Court of Delhi.

• Detention of licensed Firearms brought into India on transfer of residence – Supreme Court’s recent finding on the issue

Supreme Court decided an interesting question in its recent decision in the matter of Anirudh Singh Katoch Vs. Union of India (UOI) and Ors., dated 05.05.2010 (MANU/SC/0336/2010). The core question that arose for consideration before the Apex Court was whether the Additional Commissioner of Customs, Indira Gandhi International Airport, New Delhi was justified in detaining two duly licensed firearms which the appellant brought from United States of America (USA) on transfer of his residence into India. 

• Sholay, Gabbar and Aag: Analysing the Legality of Copyright and Trade mark Protection for Titles and Characters in Movies

Where the copyright protection for titles and characters is weak, and trade mark protection, none too stronger, this has resulted in a situation where the Hindi Film Industry looks elsewhere for creative inputs and freely reproduces plots and characters in an Indian setting. Thus, the researchers argue that if one were to draw lessons from the Hindi Film Industry, perhaps, a stronger copyright and trade mark regime for titles and characters in movies would ensure more creative innovation in the Hindi Film Industry.