Category: Legal Issues

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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HDFC Bank Ltd and Ors V. Jesna Jose: NCDRC Held Bank Liable for Online Fraudulent Transaction

In the recent Judgement passed by NCDRC on 21st December 2020, NCDRC held the bank liable for the online fraudulent transactions if there is no fault on the customer’s part. BRIEF FACTS In the present case, the Complainant purchased a Pre-paid forex plus Debit card bearing the serial no. 4123310000407245 of a limit of US$ … Continue reading HDFC Bank Ltd and Ors V. Jesna Jose: NCDRC Held Bank Liable for Online Fraudulent Transaction

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Delhi High Court: Dabur “Sanitize” Soap Can’t be confused with Dettol

The COVID-19 situation has changed the buying behaviour of consumers and in a way changed the way products are being produced to meet the needs of consumers. It has created variations of products in both the hygiene and immunity areas – and most products have found room for themselves in one of these two buckets … Continue reading Delhi High Court: Dabur “Sanitize” Soap Can’t be confused with Dettol

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Jurisdictional Dispute with regards to section 22(4) of Design Act, 2000 and Commercial Court Act, 2015

The Supreme Court case of S. D. Containers vs. M/s Mold Tek Packing [1] was a matter of jurisdictional issue due to the conflict between section 22(4) of the Design Act, 2000 (hereinafter referred to as Act 2000), and Commercial Courts Act, 2015. To understand how Supreme Court addressed the issue, it is important to … Continue reading Jurisdictional Dispute with regards to section 22(4) of Design Act, 2000 and Commercial Court Act, 2015

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IPO-JPO Bilateral Patent Prosecution Highway (PPH) program – Acceptance Of Requests For Second Year

A Bilateral Patent Prosecution Highway (PPH) pilot program was initiated between the Indian Patent Office (IPO) and the Japan Patent Office (JPO) on December 5, 2019. In the first year of pilot program implementation, the IPO accepted applications in several rounds throughout the year (December 2019, March 2020, August 2020), which ended with last round … Continue reading IPO-JPO Bilateral Patent Prosecution Highway (PPH) program – Acceptance Of Requests For Second Year

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S.D. Containers Indore v. M/s Mold Tek Packaging- Supreme Court Hears Transfer Case

The Hon’ble Supreme Court, recently in the case of S.D. Containers Indore v. M/s Mold Tek Packaging, [i] clarified the ambit of certain important provisions of the Design Act, 2000, and the Commercial Courts Act, 2015. Brief Facts of the case: The Plaintiff/Respondent had initially filed a suit for declaration, and to obtain a permanent … Continue reading S.D. Containers Indore v. M/s Mold Tek Packaging- Supreme Court Hears Transfer Case

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