Tag: Contract

Determinable Contracts Under Specific Relief Act, 1963- An Issue Still Undetermined

Introduction India has been a ‘global trade hub’ since time immemorial. It’s abundant supply of raw materials, creative ideas and booming businesses gave it the name that needs no introduction- ‘sone ki chidiya’. It was this same business that drew the East India Company to our country. They perhaps understood the value of this business … Continue reading Determinable Contracts Under Specific Relief Act, 1963- An Issue Still Undetermined

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Karnataka High Court Stays Ex-Parte Mandatory Ad-Interim Injunction order As it is Void Under Section 27 of Indian Contract Act, 1872

The Hon’ble High Court of Karnataka had stayed the blanket ex-parte injunction order passed by the Addl. City Civil and Sessions Judge, Bangalore restraining former employees from doing similar and identical business as that of their employer [Image Source: Freepic] The Addl. City Civil and Sessions Judge, Bangalore, on 29.09.2022, granted an ex-parte ad-interim injunction … Continue reading Karnataka High Court Stays Ex-Parte Mandatory Ad-Interim Injunction order As it is Void Under Section 27 of Indian Contract Act, 1872

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Understanding Arbitrability Of Trademarks

INTRODUCTION In its judgement in M/S. Golden Tobie Private Limited v. M/S. Golden Tobacco  Limited[1][2021], the Delhi High Court recently delved into the interpretation of Section 8 of the Arbitration and Conciliation Act, 1996, in regard to trademark disputes. Before delving into the topic of trademark-related arbitrability, it is important to evaluate the existing state … Continue reading Understanding Arbitrability Of Trademarks

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Golden Tobie Ltd. V. Golden Tobacco Ltd

In its judgement in M/S. Golden Tobie Private Limited v. M/S. Golden Tobacco Limited [2021], the Delhi High Court recently delved into the interpretation of Section 8 of the Arbitration and Conciliation Act, 1996, in regard to trademark disputes. Before delving into the topic of trademark-related arbitrability, it is important to evaluate the existing state … Continue reading Golden Tobie Ltd. V. Golden Tobacco Ltd

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Abandonment of Contract, How is it different from Breach of Contract?

Contract, as according to Section 2(h) of the Indian Contract Act, 1872 is any agreement that can be enforced in the court of law. An Agreement as under section 2(e) of the act means any promise(s) made by one party for a standard consideration. When such promise or consideration is not fulfilled, the contract is … Continue reading Abandonment of Contract, How is it different from Breach of Contract?

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Unpacking The Performance Of Contracts And Liability Of Indian Parties Under The Incoterms 2020

Introduction and nature of Incoterms The word “Incoterms” refers to the list of guidelines laid down by the International Chambers of Commerce for the sale of essential items of goods across the world. The Incoterms are a ready to use guiding principles which can be used during the agreement between international parties about their purchase … Continue reading Unpacking The Performance Of Contracts And Liability Of Indian Parties Under The Incoterms 2020

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Arbitration : A Perspective

Arbitration is a form of Alternative Dispute Resolution. ADR methods enjoy significant advantages such as lower costs, greater flexibility of process, higher confidentiality, greater likelihood of settlement, choice of forum, choice of solutions etc. Having said that one of the most popular widely recognised and practised forms of ADR is Arbitration. Arbitration Law in India … Continue reading Arbitration : A Perspective

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Ambushed!

India may be a cricket crazy nation but it is the Olympics that has every Indian clinging on to his television set these days, cheering for his country. The Olympics is one of the biggest sporting events in the world where more than 200 nations participate in nearly 400 events. The media exposure became a … Continue reading Ambushed!

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