Category: Legal Issues

Non-Revarsal of Buyer’s ITC for not Depositing Tax by The Seller: Recent Madras High Court Ruling

The main purpose of the government behind Input Tax Credit was to target and scrutinize the purchase and selling of the goods and services by the registered recipients and the supplies in order to detect any fraudulent dealer. There have been cases where the Tax Authorities would have catch hold the recipient of the goods … Continue reading Non-Revarsal of Buyer’s ITC for not Depositing Tax by The Seller: Recent Madras High Court Ruling

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Hero Electric v. Lectro E-Mobility: Arbitrability of IP disputes

On 2 March 2021, the Delhi High Court settles the debate on Arbitrability of IP disputes in the case of Hero Electric Vehicles Pvt. Ltd. v. Lectro E-Mobility Private Ltd. [1]The case dealt with the dispute between the Munjal family groups over the trademark ‘Hero’.In this case, the Delhi HC indemnified the position of IP … Continue reading Hero Electric v. Lectro E-Mobility: Arbitrability of IP disputes

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Offences under Copyright Act and Trade Marks Act: Bailable or Not?

Recently in the matter of Piyush Ranipa v. the State of Maharashtra, the Bombay High Court among other issues decided upon the question of whether offenses under the Trademarks Act, 1999 and the Copyright Act, 1957 are bailable offenses or not. In the present matter a company named ‘Jain Irrigation System’ i.e., the Complainant Company … Continue reading Offences under Copyright Act and Trade Marks Act: Bailable or Not?

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Recognition of Doctrine of Copyright Exhaustion in Software in India

The Doctrine of Exhaustion, which is an internationally recognized legal principle, in layman’s terms, can be explained as a principle per which a copyright owner’s right over their creation, i.e., their right to control reproductions or copies of their work, exhausts whenever the ‘first sale’ is made by the owner or by taking their consent. … Continue reading Recognition of Doctrine of Copyright Exhaustion in Software in India

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The Suo Moto Cognizance of the Supreme Court Pertaining to Limitation Comes to an End

The Supreme Court of India, on 8th March 2021, lifted the limitation date for filing cases levied due to the coronavirus and national lockdown. Due to a novel Coronavirus, the Supreme Court of India took Suo Moto cognizance of the condition faced by litigants who could not physically come to the courts to file their … Continue reading The Suo Moto Cognizance of the Supreme Court Pertaining to Limitation Comes to an End

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Order XIII-A of the Code of Civil Procedure (1908) and Summary Judgements

The reason for the existence of Order XIII-A of the Code of Civil Procedure, 1908  was because despite suits having a clear outcome, that could be ascertained on merits, it was imperative for them to go through the procedure under the “CPC” which was a time-consuming process. To get rid of the delays that took … Continue reading Order XIII-A of the Code of Civil Procedure (1908) and Summary Judgements

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The Case of Anivar A Aravind Vs Ministry of Home Affair & Others

Introduction Recently, the Karnataka High Court passed an interim order on 27th January 2021, by which it prohibited the Government of India and National Informatics Centre (NIC) from sharing the health data of citizens without their informed consent. The court observed that sharing the responses of the users of the Aarogya Setu app without their … Continue reading The Case of Anivar A Aravind Vs Ministry of Home Affair & Others

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Kirti & Anr vs Oriental Insurance Company: Supreme Court Granted Future Prospects in Case of Notional Income

In the recent case passed by the three-judge bench of the Supreme Court on 5 January 2021, the court granted future prospects even in cases of national income. Brief Facts of the Case: The present civil appeal was filed by the three surviving dependents of the two deceased in which they have challenged the judgment … Continue reading Kirti & Anr vs Oriental Insurance Company: Supreme Court Granted Future Prospects in Case of Notional Income

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Dishonour of Blank Cheque Attracts Presumption under S/139 of Negotiable Instruments Act, 1881

This appeal was filed by the Appellant against the judgment dated 09.11.2017 of the Madras High court where the High Court has reversed the order of acquittal passed by the judicial magistrate, Tirupur court. The brief fact of the case is that the Appellant in the above case issued a blank signed cheque bearing no. … Continue reading Dishonour of Blank Cheque Attracts Presumption under S/139 of Negotiable Instruments Act, 1881

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Application for Declaration of Invalidity Rejected at EUIPO

The European Union Intellectual Property Office (EUIPO) rejected an Application for Declaration of Invalidity filed against the Registered Community Design of our Client. Our Client, Classik International, is a Partnership Firm based in Nashik, Maharashtra, and primarily deals in pet apparel, clothes, and other pet products. They had a design for “Clothing of Pets” registered … Continue reading Application for Declaration of Invalidity Rejected at EUIPO

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