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”)
... Continue Reading.Restricting Carry-Forward of Losses: Analysing Reforms to the Income Tax Act
[Megha Porwal and Manav Pamnani are 3rd year B.A., LL.B. (Hons.) students at the NALSAR University of Law, Hyderabad] The Union Budget presented on 1 February 2025 marks a significant development in the jurisprudence pertaining to direct taxes in India. This is because it introduces a substantial amendment to sections 72a and 72AA of the Income Tax Act, 1961 (IT Act). The Bill proposes the insertion of
... Continue Reading.PPL Cannot Issue Licenses for Sound Recordings Without Being Registered as a Copyright Society: DHC
In an order contrasting with the previous decisions on the issue, a DHC DB has held that PPL cannot issue or grant licences for sound recordings without registering itself as a copyright society or becoming a member of any registered copyright society. In this long post, Kartik Sharma explains the judgement and its implications in
... Continue Reading.[Part II] Cryogas Judgment: Supreme Court Stops Copyright from ‘Gaslighting’ Design
Continuing the discussion on the Supreme Court’s decision in Cryogas Equipment Private Limited v. Inox India Limited and Others, Aditya Bhargava writes on the question of “functional utility” and how it informs the two pronged test by the Court. Aditya is a third-year law student at the National Law School of India University, Bangalore. His
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