Recently, in a Special Leave Petition, the Supreme Court dealt with certain pertinent issues such as the separation between revocation of registration – in infringement suits and in cancellation actions and cause of action and interpretation of the term ‘High Court’ under the Designs Act, 2000. In S.D. Containers Indore v. Mold Tek Packaging, a
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Executive Acting In Breach Of Judgments Would Be Invitation To Anarchy: Supreme Court
In a strong reprimand to Centre, the Supreme Court just recently on 7 December 2020 has in a latest, learned, laudable and landmark judgment titled KK Agarwal vs Sanjiv Nandan Sahai [CONMT.PET.(C) No. 429/2020 in C.A. No. 14697/2015] has led from the front in pulling up the Central Government for not appointing law member in
... Continue Reading.SUPREME COURT HOLDS THAT DISMISSAL OF SPECIAL LEAVE PETITION IS OF NO CONSEQUENCE ON QUESTION OF LAW
Recently, three Judges Bench of the Supreme Court in the case of Inderjit Singh Sodhi And Others v. The Chairman, Punjab State Electricity Board and Another [Civil Appeal No. 3837/2020], vide its #Judgment dated 03.12.2020 held that the dismissal of Special Leave Petitions is of no consequence on the question of law involved in the
... Continue Reading.Dismissal of SLP Has No Consequence On Question Of Law: SC
It is good to learn that the Supreme Court most recently on December 3, 2020 in a latest, learned, laudable and landmark judgment titled Inderjeet Singh Sodhi vs Chairman, Punjab State Electricity Board [Civil Appeal No. 3837 of 2020] (@ SLP(C) No. 23877 of 2014) has cogently, categorically and convincingly
... Continue Reading.SUPREME COURT HOLDS TRANSFER OF WINDING UP PROCEEDINGS TO NCLT CAN BE SOUGHT BY ANY CREDITOR OF THE CORPORATE DEBTOR
One of the objectives of the #Insolvency and Bankruptcy Code 2016 (‘#IBC’) is to reorganize insolvent Corporate Persons, Partnership Firms and Individuals in a time-bound manner for maximization of value of assets of such persons. The Three-Judges Bench of the #Supreme Court of India in the case of M/S Kaledonia Jute and Fibres Pvt.
... Continue Reading.Default Bail Granted Can Be Cancelled By High Court U/s 439(2) CrPC: SC
In a latest, landmark and laudable judgment titled Venkatesan Balasubramaniyan vs. The Intelligence Officer, D.R.I. Bangalore in Criminal Appeal No. 801 of 2020 (arising out of SLP(Crl.) No. 1820/2019 along with two other Criminal Appeals delivered most recently on November 20, 2020, the Apex Court has clearly, categorically and convincingly held that a ‘default bail’
... Continue Reading.SpicyIP Weekly Review (September 14 – 20)
Topical Highlight A Tale of Two Sujatas: Delhi HC Reflects on Suppression of Material Facts and Clean Hands Doctrine Praharsh discussed Delhi HC’s recent order modifying an ex-parte interim injunction after finding that the plaintiff concealed material facts during the hearing. The Plaintiff, who used the registered mark ‘SUJATA’ under classes 7, 8, 9, 11,
... Continue Reading.A new IPAB Chairperson? Maybe, maybe not
We’re pleased to bring you a guest post by Praharsh Gour highlighting the recent Call for Applications put out for the post of the IPAB Chairperson, along with AIPPI’s application for extending the incumbent Chairperson’s tenure yet again. Praharsh is a graduate from Hidayatullah National Law University, Raipur and is presently an LL.M. candidate at
... Continue Reading.Onerous Copyright Licensing, Fair Dealing and Alternatives to TikTok
Image from here Content sharing platform TikTok is the first among the list of apps in the Indian government’s recent Press Release, announcing a ban on 59 Chinese applications due to concerns such as threat to “sovereignty and integrity of India.” As mentioned in an insightful piece by Ameet Datta, there are many copyright obstacles
... Continue Reading.SpicyIP Weekly Review (June 15 – 21)
Topical Highlights Dainik Jagran Sues Telegram for Copyright Infringement: Are Platforms or Group Admins Liable for Unlawful Speech on Closed Online Forums? Image from here Divij wrote on the matter of Dainik Jagran suing Telegram for copyright infringement for the circulation of ‘e-papers’ through open Telegram Channels. He analyzes the order that granted an interim
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