Category: Legal Issues

Precautions To Be Taken While Canceling Power of Attorney (POA) : A Supreme Court Judgment Of 2022

4th March, 2022 - 12:55 pm Categories: Legal Issues

In the Supreme Court of India a recent judgment Power of Attorney for a property on Amar Nath v. Gian Chand and Anr., dated 28-01-2022, of Civil Appeal No. 5797 of 2009, the Division Bench of K.M. Joseph and Pamidighantam Sri Narasimha, JJ., held that mere writing the word “canceled” or “drawing a line” would … Continue reading Precautions To Be Taken While Canceling Power of Attorney (POA) : A Supreme Court Judgment Of 2022

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Jet Airways: An Insolvency Resolution Journey

4th March, 2022 - 12:51 pm Categories: Legal Issues

Jet Airways, which started off as an air taxi operator in 1993 and became a scheduled carrier in 1995, has been under insolvency for two years after it shut operations in April 2019 under a heavy debt. Jet Airways is the first Indian carrier/airline to undergo insolvency proceedings under the Cross Border Insolvency Protocol along with … Continue reading Jet Airways: An Insolvency Resolution Journey

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TATA Consultancy Services Limitedv.Vishal Ghisulal Jain, Resolution Professional, SkWheels Private Limited

2nd March, 2022 - 12:24 pm Categories: Legal Issues

(Supreme Court of India) Civil Appeal No 3045 of 2020 The appeal stemmed from a ruling given on June 24, 2020 by the National Company Law Appellate Tribunal (“NCLAT”). The NCLAT affirmed an interim order issued by the National Company Law Tribunal (“NCLT” or “Adjudicating Authority”) on December 18, 2019, preventing the appellant from terminating … Continue reading TATA Consultancy Services Limitedv.Vishal Ghisulal Jain, Resolution Professional, SkWheels Private Limited

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CCI v. State of Mizoram with M/S Tamarai Technologies Pvt. Ltd v. State of Mizoram

25th February, 2022 - 12:24 pm Categories: Legal Issues

Introduction The objective of the Competition Act, 2002 [hereinafter the “2002 Act”] is simple i.e., to eliminate practices that hamper competition, to promote and sustain competition, to ensure the welfare of consumers, and to secure freedom of trade by eliminating cartelization. However, despite the objective being as simple as it is, the jurisdiction of the … Continue reading CCI v. State of Mizoram with M/S Tamarai Technologies Pvt. Ltd v. State of Mizoram

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Antitrust Issues In Entertainment And Film Industry (Part 2)

11th February, 2022 - 1:12 pm Categories: Legal Issues

In the last segment, we analysed how section 3 of the Competition Act, 2002 (hereinafter the Act) works in the entertainment industry, and how it can be used. In this part, we’ll look at how section 4 of the Act works in the entertainment business. Section 4 of the Act talks about people who use … Continue reading Antitrust Issues In Entertainment And Film Industry (Part 2)

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Antitrust Issues In Entertainment And Film Industry (Part 1)

11th February, 2022 - 1:06 pm Categories: Legal Issues

Introduction: India’s film industry is so glamorous that it attracts people from all over the world. Given how huge the industry is, there are various laws that apply to it. In the present article, we will be analysing the antitrust issues in the film industry and the application of Competition Laws. Competition law is the … Continue reading Antitrust Issues In Entertainment And Film Industry (Part 1)

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Violation of Settlement Agreement: Preliminary Injunction not Amended Holding Defendant in Contempt

10th February, 2022 - 4:42 am Categories: Legal Issues

The case deals in the violation of a preliminary injunction granted in the civil suit brought by the plaintiff, A.B. Cernelle against the defendants, Graminex L.L.C. and its Chief Operating Officer, Cynthia May where it was alleged that the Defendants appropriated Plaintiff’s Trademark, CERNITIN and CERNILTON. A settlement was reached where the provisions of the … Continue reading Violation of Settlement Agreement: Preliminary Injunction not Amended Holding Defendant in Contempt

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Liability Of Directors In Case Of Dishonor Of Cheque

8th February, 2022 - 4:37 am Categories: Legal Issues

Introduction: The way cheques are issued, bounced, and dealt with has changed dramatically throughout the years. Our country has benefited greatly from commercial globalization. The use of cheques expanded in tandem with the rapid growth of commerce and trade, as did the number of cheque bouncing disputes. The purpose of Sections 138-142 of the Negotiable … Continue reading Liability Of Directors In Case Of Dishonor Of Cheque

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Credible Proof Required For Ascertaining The Likelihood Of Confusion

2nd February, 2022 - 12:23 pm Categories: Legal Issues

Trademark is an important part of the company’s branding, it is important to safeguard the trademark and have effective protection. One such current case was of Hard Candy which is a company that is involved in the industry of cosmetics. HARD CANDY mark was filed for trademark by the predecessor of the company in 1995. … Continue reading Credible Proof Required For Ascertaining The Likelihood Of Confusion

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Offences Under Section- 63 Of Copyright Act, 1957; Section- 103 Of Trademark Act, 1999- Bailable Or Non-Bailable

27th January, 2022 - 1:16 pm Categories: Legal Issues

Bailable Offence has been defined under the Criminal Procedure Code, 1973 (hereinafter referred to as CrPC) as an offense which is shown as bailable in the first schedule, or which is made bailable by any other law for the time being in force and “non-bailable offense” means any other offense. In the case of Piyush … Continue reading Offences Under Section- 63 Of Copyright Act, 1957; Section- 103 Of Trademark Act, 1999- Bailable Or Non-Bailable

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