Non-Payment of Dues by Companies: Civil or Criminal Wrong? Insights from Calcutta High Court Ruling
INTRODUCTION The Calcutta High Court recently addressed this important question in its judgement in the case of Dasrathbhai Narsangbhai Chaudhary and Another Versus the State of West Bengal and Another. Through this case, the court further clarified the line between civil and criminal wrongs by analysing the facts of the case and reiterating the judgements … Continue reading Non-Payment of Dues by Companies: Civil or Criminal Wrong? Insights from Calcutta High Court Ruling
Read more »Unstamped Arbitartion Agreements Are Not Enforceable By Law
Introduction By a majority ruling in the matter of M/s. N.N. Global Mercantile Private Limited v. M/s. Indo Unique Flame Ltd. & Ors.[i], a Constitution Bench of the Supreme Court held that an arbitration agreement which is eligible for stamp duty, if not stamped, is not enforceable by law. However, the minority ruling addressed the … Continue reading Unstamped Arbitartion Agreements Are Not Enforceable By Law
Read more »What’s in a Name? Bombay High Court Discusses Trade Mark Infringement Through Trade Names
For trade mark protection to be worthwhile, a registered proprietor must have access to an effective remedy to enforce his rights. Therefore, Section 29 of the Trade Marks Act, 1999, attempts to include a broad range of activities within the definition of infringement. Section 29(5) of the Act deals with infringement of a trade mark … Continue reading What’s in a Name? Bombay High Court Discusses Trade Mark Infringement Through Trade Names
Read more »Nippon Steel & Sumitomo Metal Corporation Vs Kishor D Jain & Anr – Trademark Counterfeiting
Background The Bombay High Court has passed an order in Nippon Steel & Sumitomo Metal Corporation Vs Kishor D Jain & Anr[1] imposing costs of INR 5 Crore to be paid by the defendants who were caught counterfeiting the Plaintiff’s mark and goods. In a global economy, counterfeiting activity is a challenge that impacts business … Continue reading Nippon Steel & Sumitomo Metal Corporation Vs Kishor D Jain & Anr – Trademark Counterfeiting
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