Bringing you the Best Analytical Legal News
“The ad hoc arrangement was directed purely as an interim arrangement so that Defendant 1 can continue to use the sound recordings of the plaintiff’s repertoire and, at the same time, the plaintiff is protected by way of deposit of ad hoc license fees, out of which certain amount was permitted to be withdrawn by the plaintiff”
Continue reading
The petitioner’s employer, Kingfisher Airlines, had deducted the Tax Deducted at Source from the petitioner’s salary but had not deposited the same in the Central Government Account
Continue reading
“The conjecture of number of replicated DVDs is without basis and entirely presumptuous. It is well settled that damages c =annot be fastened on a litigant on the basis of mere presumption.”
Continue reading
“The words ‘within a Contracting State’ in Article 5(6) mandate a physical footprint and cannot be expanded to include virtual service permanent establishments.”
Continue reading
“The need for immediate relief is particularly pressing in this case as the infringing websites are making available the plaintiffs’ copyrighted works, which could lead to significant financial losses for the plaintiffs.”
Continue reading
“The recognition accorded to the SOCIAL mark by industry associations in India and consistent enforcement of the plaintiff’s rights in the mark before the Courts in India reinforces the mark’s distinctiveness and reputation.”
Continue reading
“Where judgment debtors have substantially complied with a permanent injunction and no prior notice of breach was issued, execution proceedings cannot be used to seek additional compensation.”
Continue reading
“It is the evidence which constitutes the bedrock for any award of compensatory or punitive damages.”
Continue reading
“The claimed invention would be obvious to the person skilled in the art, and therefore, the defendant has been able to raise a credible challenge to the validity of the suit patent under Section 64(1)(f) of the Act.”
Continue reading
“Formation of opinion under Rule 3 of Securities and Exchange Board of India Adjudication Rules need not be expressly recorded at pre-notice stage.”
Continue reading
Once arbitral award attains finality up to the Supreme Court, separate civil suit challenging underlying transaction on grounds of fraud is barred by Section 5 of the Arbitration Act and principles of finality.
Continue reading
Where prosecutrix unequivocally resiles from allegations in a voluntary statement under Section 164 CrPC, no grave suspicion survives to warrant framing of charges under Sections 328 and 376 of the IPC.
Continue reading
“An HIV positive employee would unquestionably be suffering long term physical impairment, which would hinder his full and effective participation in society.”
Continue reading
“The claim for maintenance must be assessed with reference to her present earning capacity and ability to sustain herself in the standard of living she was accustomed to during her marriage, and not on the financial status of her natal family.”
Continue reading
‘The classification between the Indian and foreign employee is based on the economic duress which is caused to the Indian employees, if they are mandated to contribute to the fund/scheme irrespective of quantum of salary they draw, which is absent in case of the foreign employees for the reason that they come to India for employment for shorter period of 2 to 5 years.”
Continue reading
“To cancel the candidature of otherwise eligible candidates, on sole grounds of issuance date, deprives the petitioners of their fundamental rights under Articles 14 and 16 of the Constitution of India and actually runs contrary to the object sought to be achieved by providing reservations in public employment”
Continue reading
“Execution of a full and final settlement may not preclude a party from taking recourse to arbitration if a dispute arises from the settlement itself”
Continue reading
Dubai Court had directed Simplex Infrastructure to pay AED 9.59 millions to a prominent Dubai based MEP contractor in unpaid dues for MEP work executed nearly a decade ago.
Continue reading
“If any of the personnel not fully fit, he will either not be able to protect himself or his colleagues in a battle or he will run the risk of killing innocent people especially if his eyesight is weak and he cannot distinguish between uniforms, etc.”
Continue reading
“The plaintiffs are the prior adopters and long-standing users of the subject mark ‘HIMALAYA’ since 1930 in connection with ayurvedic, wellness, pharmaceutical and personal care products.”
Continue reading