This case is a tragic tale involving the mysterious death of Mangesh, a first-year student at Bagla Homoeopathy Medical College in Chandrapur, Maharashtra. His close friend and classmate, Vaibhav, was accused of murdering him using his father’s service pistol. The prosecution relied entirely on circumstantial evidence, alleging homicide, while the defense claimed the death was
... Continue Reading.Rediscovering India’s Century-old Clarity on Stipulated Damages
[Amoga Krishnan. R is an Advocate] In Cavendish Square Holding BV v. Talal El Makdessi (2015), the United Kingdom Supreme Court eliminated the dichotomy between “genuine pre-estimates” and “penalties” in common law and, with that, recast the contours of the penalty rule. Until then, the reason for the dichotomy at common law between penalties and liquidated damages (“LD”)
... Continue Reading.Leniency in Competition Law: Breaking the Silence on Cartels
Cartels are widely recognised as the most egregious violations of competition law. They involve secret agreements between competitors to fix prices, limit production, allocate markets, or rig bids, leading to inflated prices and diminished consumer welfare. The clandestine nature of cartels makes them inherently difficult to detect and prove. In response, jurisdictions across the globe
... Continue Reading.Rewriting the Rules: Why India Must Embrace Unilateral Option Clauses in Arbitration
[Rishab Chand and Jitya Singh are 3rd year and 4th year students, respectively, at the National Law School of India University, Bangalore] The recent Bombay High Court decision in Tata Capital Ltd. v. Vijay Devji Aiya has reignited the debate on the validity of Unilateral Option Clauses (“UOCs”) in arbitration agreements. While the Court held that UOCs are incompatible with principles of
... Continue Reading.Khaitan & Co Advised Promoters Of Aegis Vopak Terminals On INR 2,800 Crore IPO
Khaitan & Co Advised Promoters of Aegis Vopak Terminals on INR 2,800 Crore IPO Khaitan & Co acted as the legal counsel to the Promoters – Vopak India B.V. and Koninklijke Vopak N.V. – in relation to the initial public offering (IPO) of Aegis Vopak Terminals Limited, comprising a fresh issue of 119,148,936 equity shares
... Continue Reading.(No) Royalty in the Clouds: Between Copyright and Consumption
In a significant judgement, the Delhi High Court in Commissioner of Income Tax v. Amazon Web Service held that payments for cloud computing services to AWS do not constitute “royalty”(one of the reasons being the absence of any commercial exploitation of IP rights involved). Rupam and Kartik analyse this judgement, explaining how it marks a
... Continue Reading.DMD Advocates Advised IMFA On Power Purchase And Investment Agreement With AMPIN Energy
DMD Advocates Advised IMFA on Power Purchase and Investment Agreement with AMPIN Energy DMD Advocates advised Indian Metals and Ferro Alloys Limited (IMFA), India’s leading fully integrated producer of value-added ferro chrome, on its power purchase arrangement with and investment in AMPIN Energy Utility One Private Limited (AMPIN). Under this arrangement, IMFA will invest in
... Continue Reading.SpicyIP Weekly Review (June 9 – June 15)
What Indian Courts Are Getting Wrong About Personality Rights? – A post analysing the recent Delhi HC order in Sadhguru and Ankur Warikoo. Post on the Delhi HC’s increases coverage via a ‘superlative injunction’. The long awaited Pandemic Treaty is finally here but will it be able to overcome the challenges it originally aimed to resolve?
... Continue Reading.Delhi HC’s Orders in Sadhguru & Ankur Warikoo Cases: What Indian Courts Are Getting Wrong About Personality Rights?
In light of the Delhi High Court’s recent orders in Sadhguru Jaggi Vasudev and Ankur Warikoo cases, SpicyIP intern Anureet Kaur highlights how, instead of building a principled framework for assessing personality rights, the courts are granting injunctions without a firm doctrinal grounding. Anureet is a second year B.A. LL.B. (Hons.) student at Rajiv Gandhi
... Continue Reading.Preparedness Without Power? Analysing IP and Access in the WHO Pandemic Agreement
After three years of negotiations, the WHO was finally able to come up with a final version of the Pandemic Agreement last month. SpicyIP Intern Riddhi Yogesh Bhutada takes a look at the key provisions of the Agreement and highlights how the instrument might not be able to overcome the challenges it originally aimed to
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