Tag: supreme court

Key Judicial Elucidations: Amazon v. Future Retail Limited & Ors.

The Hon’ble Supreme Court of India settled the question of enforceability of a foreign arbitral award in Amazon.com NV Investment Holdings LLC v. Future Retail Limited and Ors. The Apex Court held that an award delivered by an emergency arbitrator under the rules of a foreign seated arbitration is an Order under Section 17(1) of … Continue reading Key Judicial Elucidations: Amazon v. Future Retail Limited & Ors.

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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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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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Migrant Workers’ COVID 19 Measures: PIL Update

There were two set of PILs that have been filed in the Supreme Court of India concerning the migrant workers: A. Writ Petition No. 468/2020 titled “Alakh Alok Srivastava Vs UOI” (hereinafter referred to as “WP 1”) was filed by an Advocate practicing in the Supreme Court (Petitioner-in-Person), seeking immediate action to safeguard the rights … Continue reading Migrant Workers’ COVID 19 Measures: PIL Update

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Contempt Laws In India – Brief Study

The law of Contempt of Courts is for keeping the administration of justice pure and undefiled. The dignity of the court must prevail and be maintained at all costs. So keeping the said principle in mind one should keep their conduct in line with the process of court. One should avoid any disobedience to any … Continue reading Contempt Laws In India – Brief Study

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All About Section 31 D of Copyright Act, 1957

The 2012 amendment in Copyright Act has introduced various provisions, one of them being section 31 D. This section is concerned with the broadcasting or performance of a literary or musical and sound recording, which has already been published. Clause 1 of Section 31D states: “Any broadcasting organization desirous of communicating to the public by … Continue reading All About Section 31 D of Copyright Act, 1957

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Know the Roster System

January 12th, 2017 is a date earmarked in judicial history, an event that witnessed four senior most sitting Judges of Supreme Court of India, publicly raising concerns about the structural flaws regarding the functioning of the administrative division of the Supreme Court. They put forth the complete responsibility upon the shoulders of Chief Justice of … Continue reading Know the Roster System

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Patent Trolling and Fee-Shifting

Manish Kumar, intern at Khurana and Khurana, Advocates and IP Attorneys, looks at ‘fee-shifting’ paradigm in US Patent Act in light of US Supreme Court recent judgments. The US Supreme Court, in its two recent judgments, has re-instituted its pre-2005 stand where the Courts had discretion of awarding reasonable attorney fees to the prevailing party … Continue reading Patent Trolling and Fee-Shifting

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The Glivec saga in India is finally over

As it has been widely covered by media in and outside India, it is no new news to pharmaceutical and patent fraternity that Novartis has lost about 7 year long legal battle to secure a patent protection for its invention on beta crystalline form of imatinib mesylate in India. A 112 page long Supreme Court judgement … Continue reading The Glivec saga in India is finally over

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“Clear and Convincing Evidence”

Case “Microsoft Vs i4i” interests me as I saw the recent Supreme Court decision to hear this case again. Long story in short, i4i filed a patent in 1994 and gets granted on 07/98 (US 5,787,449). ‘449 relates to a system and method for the separate manipulation of the architecture and content of a document, … Continue reading “Clear and Convincing Evidence”

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