[This post is authored by Tanishka Goswami. Tanishka is an advocate at the High Court of MP. She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. Her previous posts can be accessed here.] Though a recipient of widespread international popularity for its cost-effectiveness in accessing varied entertainment,
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The Philips DVD SEP Case: Looking at the DHC’s Decision on Foreign Applications and Damages
Image from here In an interesting development for SEP watchers, the Delhi High Court (DHC) passed a common judgement (Philips v. Maj. (Retd) Sukesh Behl) in three cases concerning allegations of infringement of a Standard Essential Patent relating to Philip’s DVD player technology. Filed in 2012, the decision comes after 13 years with the litigation
... Continue Reading.Tax or Contractual Payment: The Prospect of an ISDS Claim
[Kartikey Mahajan is a Partner, Jatan Artur Rodrigues a Senior Associate, and Keshav Somani an Associate, all the Dispute Resolution practice group of Khatian and Co.] On 25 July 2024, a nine-judge bench of the Indian Supreme Court in Mineral Area Development Authority v. Steel Authority of India overruled a long-standing precedent that classified mining
... Continue Reading.Pension cannot be denied to government employees sans any rule enabling such denial: Supreme Court
“Denial of pensionary benefits to an employee must emanate from any rule enabling the government for such denial,” the Court said. The Supreme Court recently observed that any denial of pensionary benefits to a government employee must emanate from a rule enabling the government to take such a course of action [Jaya Bhattacharya vs. The
... Continue Reading.Is BCCI a State Under Article 12?
Article 12 of the Indian Constitution serves as the foundation for interpreting the term ‘State’, a cornerstone in understanding the scope and applicability of Fundamental Rights. Article 12 is part of Part III of the Constitution, which guarantees Fundamental Rights to individuals and imposes obligations on the “State” to respect and uphold these rights. Article
... Continue Reading.Motor Vehicle Insurance Claim in India for Damages Without Any Accident: A Comprehensive Guide
Motor vehicle insurance is a crucial aspect of owning and operating a car in India. It provides financial protection against unforeseen events such as accidents, theft, and natural calamities. However, what happens when your car sustains damages without being involved in an accident? Can you still file an insurance claim? This article explores the nuances
... Continue Reading.Cyril Amarchand Mangaldas Advised KKR’s Acquisition And Sole Control Of Healthcare Global
Cyril Amarchand Mangaldas Advised KKR’s Acquisition And Sole Control Of Healthcare Global Cyril Amarchand Mangaldas acted as legal counsels to KKR on the acquisition of a majority stake and sole control of Healthcare Global Enterprises Limited (HCG), a company listed on the National Stock Exchange of India Limited and BSE Limited. At closing, funds managed
... Continue Reading.We must secure a comfortable atmosphere for women judges to work in
The Supreme Court on Friday called for the reinstatement of two women judges who were terminated from service following adverse reports by the Madhya Pradesh High Court and government [In Re: Termination of Civil Judge, Class-II (JR. Division) Madhya Pradesh State Judicial Service]A bench of Justices BV Nagarathna and N Kotiswar Singh noted that one
... Continue Reading.Regulation vs. Reality: Is SEBI Pushing Category-II AIFs into Obsolescence?
[Khushi Patel and Kritika Jain are 3rd year BBA LLB (Hons.) students at Gujarat National Law University, Gandhinagar] Earlier this month, SEBI proposed amendments to regulation 17(a) of the SEBI (Alternative Investment Funds) Regulations, 2012 (the ‘AIF Regulations’), allowing category II alternative investment funds (AIFs) to meet their 50% unlisted investment requirement by including listed
... Continue Reading.Understanding Domestic Violence Laws in California
Domestic violence is a serious issue with devastating consequences for victims. California has stringent laws in place to protect individuals from abuse. However, these laws can sometimes be misused, leading to false accusations that have profound impacts on the lives of the wrongly accused. This article aims to shed light on California’s domestic violence laws,
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