DUOMATIC PRINCIPLE, HOW IT CAN BE ESTABLISHED?

Monday May 23, 2022. BY | Commercial/Corporate The Supreme Court bench comprising Justices Vineet Saran and JK Maheshwari held in a recent judgment that the Duomatic Principle is applicable even in the Indian context which states that ‘Strict adherence to a statutory requirement may be dispensed with if it is demonstrated otherwise on facts if

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ARBITRAL TRIBUNAL CAN NOT ORDER INTERIM DEPOSIT OF DISPUTED AMOUNT, WHERE THE LIABILITY IS IN DISPUTE: Supreme Court

Wednesday May 4, 2022. BY | Arbitration and Conciliation The Supreme Court bench comprising Justices M.R. Shah and B.V. Nagarathna held, in a recent judgment Arbitral Tribunal (“Tribunal”) cannot pass an interim order under Section 17 of the Arbitration and Conciliation Act, 1996 (the “Act”) for depositing an amount in the dispute, if the liability

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SALARIES OF THOSE EMPLOYESS WHO WORKED DURING CIRP CONSTITUTE CIRP COSTS & PROVIDENT FUND, GRATUITY FUND TO BE KEPT OUT OF THE LIQUIDATION ESTATE

Thursday April 28, 2022. BY | Insolvency and Bankruptcy Code The Supreme Court bench comprising of Justices MR Shah and Aniruddha Bose in the recent Judgement held that: – the wages or salaries of only such workmen/employees, who worked during the Corporate Insolvency Resolution Process (“CIRP”), shall be included in the CIRP costs; and –

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Clarifying or Confusing the Quandary of Identical Marks: Renaissance Hotel Holdings Inc. v. Vijaya Sai and Others

We’re pleased to bring you a guest post by Sangita Sharma, looking at the Supreme Court’s order in the trademark infringement case Renaissance Hotel Holdings Inc. v. Vijaya Sai and Others. Sangita is a 3rd Year student at Gujarat National Law University and has written for us earlier here. Clarifying or Confusing the Quandary of

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SpicyIP Weekly Review (September 27 – October 3)

Zolgensma and the Inadequacies of the Compulsory Licensing Regime Poster for Zolgensma In a guest post, Akhil wrote about Zolgensma, Novartis’ gene therapy medication prescribed for treatment of Spinal Muscular Atrophy (‘SMA’). Akhil discusses the compulsory licensing provisions in the TRIPS Agreement, as well as the objectives and principles relating to safeguarding public interest in

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