Supreme Court Quashes Criminal Proceedings Against Company Director: Emphasizes Need for Prosecuting Company in Offences Involving Vicarious Liability A two-judge bench of the Supreme Court consisting of Justice Pankaj Mithal and Justice Prashant Kumar Mishra passed a judgment dated April 16,2025 in the case of S.C. Garg Versus State of Uttar Pradesh & Anr.
... Continue Reading.Effect of dynamic effect: Trademark, Design and Patent Revocation Petitions
Effect of dynamic effect: Trademark, Design and Patent Revocation Petitions Introduction:The concept of dynamic effect has played a crucial role in determining the jurisdiction of High Courts in intellectual property disputes, particularly in trademark rectification, design cancellation, and patent revocation petitions. Courts have examined whether the impact of an intellectual property right beyond its place
... Continue Reading.SUPREME COURT CLARIFIES APPLICABILITY OF RES JUDICATA TO SEBI PROCEEDINGS AND INVESTOR COMPENSATION CLAIMS
SUPREME COURT CLARIFIES APPLICABILITY OF RES JUDICATA TO SEBI PROCEEDINGS AND INVESTOR COMPENSATION CLAIMS The Judgment in the Case of Securities and Exchange Board of India v. Ram Kishori Gupta & Anr., Civil Appeal No. 7941 of 2019 with Civil Appeal Nos. 1649-1652 of 2022 and Civil Appeal No. ____ of 2025 (@ Diary No.
... Continue Reading.SUPREME COURT RULES ON HEREDITARY APPOINTMENTS IN PUBLIC SERVICE
SUPREME COURT RULES ON HEREDITARY APPOINTMENTS IN PUBLIC SERVICE The Judgment in the Case of Bihar Rajya Dafadar Chaukidar Panchayat (Magadh Division) v. State of Bihar and Others, Civil Appellate Jurisdiction (Special Leave Petition (C) No. 18983 of 2023) was delivered by Division Bench of the Supreme Court of India, comprising Hon’ble Justice Indira Banerjee
... Continue Reading.Compulsorily Convertible Debentures: Debt or Equity? Analysing NCLAT’s Ruling
[Raghav Bhatia is an Advocate practising at the Supreme Court of India and High Court of Delhi and Lishika Sahni is a 4th year law student at Dr. RMLNLU, Lucknow]. In December last year, in Indian Renewable Energy Development Agency Limited v. Waaree Energies Limited, the National Company Law Appellate Tribunal (“NCLAT”) observed that compulsorily convertible debentures (“CCDs”) may be debt or
... Continue Reading.Lakmé vs Derma Co: Sunscreen Ad Pulled Down After Disparagement Claim — What The Courts Say About Trademark Disparagement
Lakmé vs Derma Co: Sunscreen Ad Pulled Down After Disparagement Claim — What The Courts Say About Trademark Disparagement In the competitive world of skincare, even sunscreen can spark courtroom battles. In a recent legal development, Hindustan Unilever Ltd (HUL), the parent company of Lakmé, informed the Delhi High Court that it would remove advertisements
... Continue Reading.Appointing Arbitrators Following the Approval of Resolution Plans: Adopting A Pro-IBC Stance
[Udai Yashvir Singh and Aditi Gupta are 5th year students at National Law University Delhi] The principle of clean slate was propounded by the Supreme Court in the seminal case of CoC of Essar Steel India Limited v. Satish Gupta. The principle essentially entails that any claim which is pending before a court or arbitral tribunal or any claim which has
... Continue Reading.THE ANCILLARY RELIEFS CANNOT BE ENFORCED ONCE THE PRIMARY RELIEF HAS BEEN DECLARED TO BE TIME-BARRED.
THE ANCILLARY RELIEFS CANNOT BE ENFORCED ONCE THE PRIMARY RELIEF HAS BEEN DECLARED TO BE TIME-BARRED. The Hon’ble Supreme Court laid down the principle of law which states that the Ancillary reliefs cannot be enforced in a situation where the primary reliefs claimed have been declared to be time-barred. In legal sense, ancillary relief refers
... Continue Reading.Figuring out sufficient level of human intervention in BTS Research International v. Controller
In BTS Research International v. Controller of Patents, the Calcutta HC decided an appeal against the Controller’s order that refused to grant a patent to a trihybrid cell. The cell was held to be ‘part of an animal/human’ which is unpatentable u/s. 3(j). In my research, this is the first time CHC has decided a case
... Continue Reading.To Register or Not to Register ? – MSMEs and Arbitration Act
[Anirudh Goyal is a practicing advocate at the Calcutta High Court, and Jaspreet Singh is a final year undergraduate student at the WBNUJS, Kolkata] On multiple occasions, the Supreme Court, followed by various High Courts, has emphasised upon registration being a prerequisite for availing benefits under the Micro, Small and Medium Enterprises Development Act, 2006 (“MSMED Act, 2006”)
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