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Right to Privacy and Family law: Analyzing the Section 122 of the Evidence Act, 1872 within the Constitutional Conundrum
The Section 122 of the Indian Evidence Act, 1872 provides for spousal privilege when it comes to disclosure of the communication between a husband and a wife. The relation between spouses is considered pious and the disclosure of the communication they’ve had during the course of marriage is not allowed by law even if it … Continue reading Right to Privacy and Family law: Analyzing the Section 122 of the Evidence Act, 1872 within the Constitutional Conundrum
Read more »India’s First Anti Enforcement Injunction Order Interdigital Corporation
When a court restrains a party to the suit or proceedings before it from institution of a case in another court, including a foreign court it is called Anti Suit Injunction. They have become common these days mainly due to the application of foreign law in contracts and arbitration clauses. Through the present judgement The … Continue reading India’s First Anti Enforcement Injunction Order Interdigital Corporation
Read more »Censor Board Should Be Allowed To Cut Scenes?
Cinema has always played an important role in impacting the human minds and the thinking of the society. It familiarises us to various form of arts and helped us to gain knowledge about our culture and how people can lead to live different lives in the society. Millions of people have been watching cinema and … Continue reading Censor Board Should Be Allowed To Cut Scenes?
Read more »Golden Tobie Ltd. V. Golden Tobacco Ltd
In its judgement in M/S. Golden Tobie Private Limited v. M/S. Golden Tobacco Limited [2021], the Delhi High Court recently delved into the interpretation of Section 8 of the Arbitration and Conciliation Act, 1996, in regard to trademark disputes. Before delving into the topic of trademark-related arbitrability, it is important to evaluate the existing state … Continue reading Golden Tobie Ltd. V. Golden Tobacco Ltd
Read more »Design Infringement in Biscuits-making Industry
A sector requires constant innovation and upgradation to survive and sustain in the market and the food sector is no exception to this pre-requisite. With the emergence of new techniques and recipes, Intellectual Property Rights protection has emerged in the food industry. The protection ranges from contents of the advertisements to the recipes and design … Continue reading Design Infringement in Biscuits-making Industry
Read more »Spotify vs Opstify
A Swedish audio streaming and media service provider founded in 2006 by Daniel Ek, Spotify opposed a mark proposed for registration by Opstify Corporation vide the opposition notice dated 13th July, 2021. The former is the world’s largest music streaming service provider with over 356 million monthly active users. According to Trademark Trial and Appeal … Continue reading Spotify vs Opstify
Read more »Legality Of New Cybersecurity Directive
New Cyber Security Rules The Indian Computer Emergency Response committee recently issued new guidelines trying to combat cyber security incidents, with 6,07,220 incidents being reported in the first half of 2021. The directions prescribe mandatory data collection, retention and integration by data centers, virtual private network providers, cloud services providers and others. However, directions for … Continue reading Legality Of New Cybersecurity Directive
Read more »European Union Represented By The European Commission V. Union Of India
FACTS OF THE CASE The petitioner, European Union, represented by the European Commission located in Belgium filed two writ petitions[1] under Article 226 and 227 of the Constitution of India. The petition comprised of patent application bearing no. 11123/DELPN/2012 titled ‘Method of Providing an Authenticable Time-and-Location Indication and an application bearing no. 3466/DELNP/2013 titled ‘Apparatus … Continue reading European Union Represented By The European Commission V. Union Of India
Read more »Engineering Analysis Centre Of Excellence Private Limited V. The Commission Of Income Tax And Anr: Raising More Questions Than Answering
The Supreme Court in “Engineering Analysis Centre of Excellence Private Limited v. The Commission of Income Tax and Anr.”[1] dealt with the classification of the payments under the distribution agreements or the end-user license agreements (EULA). The moot question before the Court was that can these payments amount to the royalty as provided under Section … Continue reading Engineering Analysis Centre Of Excellence Private Limited V. The Commission Of Income Tax And Anr: Raising More Questions Than Answering
Read more »Discretionary power of the Adjudicating Authority to reject CIRP applications under Section 7(5)(a) of the IBC
The National Company Law Tribunal and the National Company Law Appellate Tribunal has traditionally held that it is mandatory for the Corporate Insolvency Resolution Process(CIRP) to be initiated once the existence of a debt has been established under Section 7(5) of the Insolvency and Bankruptcy Code, 2016. There was no separate interpretation of Section 7(5) … Continue reading Discretionary power of the Adjudicating Authority to reject CIRP applications under Section 7(5)(a) of the IBC
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