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The Redefined Boundaries Of Section 397 After The McDonald Case
Introduction In Vikram Bakshi v. Connaught Plaza Restaurants Limited[1] (‘McDonald’s case’), Vikram Bakshi approached the National Company Law Tribunal (‘NCLT’) on the grounds of oppression by McDonald’s. He alleged that the act of not re-electing him as the Managing Director (‘MD’) of Connaught Plaza Restaurants (‘the company’) amounted to oppression under section 397 of the … Continue reading The Redefined Boundaries Of Section 397 After The McDonald Case
Read more »Interdigital vs.Xiaomi: India’s First Anti-Enforcement Injunction Order
The concept of anti-suit injunction and anti-enforcement injunction is gaining prominence worldwide including in India. Recently, the Delhi High Court in Interdigital Technology Corporation vs. Xiaomi Corporation & Ors.[1] granted an anti-enforcement injunction. It was held that a foreign court cannot restrain a party from pursuing its cause before Indian Court when Indian jurisdiction is … Continue reading Interdigital vs.Xiaomi: India’s First Anti-Enforcement Injunction Order
Read more »Hero Electric v. Lectro E-Mobility: Arbitrability of IP disputes
On 2 March 2021, the Delhi High Court settles the debate on Arbitrability of IP disputes in the case of Hero Electric Vehicles Pvt. Ltd. v. Lectro E-Mobility Private Ltd. [1]The case dealt with the dispute between the Munjal family groups over the trademark ‘Hero’.In this case, the Delhi HC indemnified the position of IP … Continue reading Hero Electric v. Lectro E-Mobility: Arbitrability of IP disputes
Read more »Offences under Copyright Act and Trade Marks Act: Bailable or Not?
Recently in the matter of Piyush Ranipa v. the State of Maharashtra, the Bombay High Court among other issues decided upon the question of whether offenses under the Trademarks Act, 1999 and the Copyright Act, 1957 are bailable offenses or not. In the present matter a company named ‘Jain Irrigation System’ i.e., the Complainant Company … Continue reading Offences under Copyright Act and Trade Marks Act: Bailable or Not?
Read more »Recognition of Doctrine of Copyright Exhaustion in Software in India
The Doctrine of Exhaustion, which is an internationally recognized legal principle, in layman’s terms, can be explained as a principle per which a copyright owner’s right over their creation, i.e., their right to control reproductions or copies of their work, exhausts whenever the ‘first sale’ is made by the owner or by taking their consent. … Continue reading Recognition of Doctrine of Copyright Exhaustion in Software in India
Read more »The Suo Moto Cognizance of the Supreme Court Pertaining to Limitation Comes to an End
The Supreme Court of India, on 8th March 2021, lifted the limitation date for filing cases levied due to the coronavirus and national lockdown. Due to a novel Coronavirus, the Supreme Court of India took Suo Moto cognizance of the condition faced by litigants who could not physically come to the courts to file their … Continue reading The Suo Moto Cognizance of the Supreme Court Pertaining to Limitation Comes to an End
Read more »Order XIII-A of the Code of Civil Procedure (1908) and Summary Judgements
The reason for the existence of Order XIII-A of the Code of Civil Procedure, 1908 was because despite suits having a clear outcome, that could be ascertained on merits, it was imperative for them to go through the procedure under the “CPC” which was a time-consuming process. To get rid of the delays that took … Continue reading Order XIII-A of the Code of Civil Procedure (1908) and Summary Judgements
Read more »The Case of Anivar A Aravind Vs Ministry of Home Affair & Others
Introduction Recently, the Karnataka High Court passed an interim order on 27th January 2021, by which it prohibited the Government of India and National Informatics Centre (NIC) from sharing the health data of citizens without their informed consent. The court observed that sharing the responses of the users of the Aarogya Setu app without their … Continue reading The Case of Anivar A Aravind Vs Ministry of Home Affair & Others
Read more »Kirti & Anr vs Oriental Insurance Company: Supreme Court Granted Future Prospects in Case of Notional Income
In the recent case passed by the three-judge bench of the Supreme Court on 5 January 2021, the court granted future prospects even in cases of national income. Brief Facts of the Case: The present civil appeal was filed by the three surviving dependents of the two deceased in which they have challenged the judgment … Continue reading Kirti & Anr vs Oriental Insurance Company: Supreme Court Granted Future Prospects in Case of Notional Income
Read more »Dishonour of Blank Cheque Attracts Presumption under S/139 of Negotiable Instruments Act, 1881
This appeal was filed by the Appellant against the judgment dated 09.11.2017 of the Madras High court where the High Court has reversed the order of acquittal passed by the judicial magistrate, Tirupur court. The brief fact of the case is that the Appellant in the above case issued a blank signed cheque bearing no. … Continue reading Dishonour of Blank Cheque Attracts Presumption under S/139 of Negotiable Instruments Act, 1881
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