Apoorva, Author at SCC Times

Can MSMED Act have an overriding effect over Arbitration and Conciliation Act and agreement between parties? Allahabad HC answers

“The parties to an arbitration have an autonomy to decide not only on the procedural law to be followed, but also on the substantive law”

Case Briefs High Courts

Controller failed to identify basis for concluding non-disclosure: Madras HC directs to proceed application for grant of patent

Madras High Court said that the appellants have given complete specifications which also capture the results of the evaluation of the claimed invention against the parameters of penetration, nutrient permeability and root penetration test.

Hot Off The Press News

[Krishna Janmabhoomi-Shahi Eidgah Mosque case] Allahabad HC allows plea seeking appointment of Court commissioner for inspecting the Mosque

This application had been moved in the original suit, presently pending in the High Court concerning Mathura’s Krishna Janmabhoomi-Shahi Eidgah Mosque dispute.

Hot Off The Press News

[Defamation case] Supreme Court asks IPS Roopa to delete social media posts against IAS Rohini Sindhuri

Supreme Court expressed its disappointment that the officers could not resolve their disputes amicably and said that If IAS-IPS officers fight like this, how will the administration work.

Case Briefs High Courts

Protection from marital rape continues in case where wife is 18 years old or more: Allahabad HC acquits husband under S. 377 IPC

The Court remarked that in the proposed Bhartiya Nyay Sanhita which is likely to replace IPC, no provision like Section 377 IPC is included therein

Case Briefs High Courts

[INIMOX v IMOX] Madras High Court directs mark “INIMOX” to be registered only for products intended for veterinary use and not for human use

“Be it in infringement or passing off actions, or in the context of an application for registration and objections being raised on relative grounds – the visual, phonetic and structural similarity between the later and earlier marks will, as in all cases, play a significant role.”

Case Briefs Supreme Court (Constitution/Larger Benches)

7-Judge Bench Verdict | Supreme Court Judgment on validity of Unstamped Arbitration Agreement

“The concept of separability or severability of an arbitration agreement from the underlying contract is a legal fiction which acknowledges the separate nature of an arbitration agreement. The separate nature of the arbitration agreement from the underlying contract is one of the cornerstones of arbitration law”

Case Briefs High Courts

Reservation is not required to be provided while appointing Law Officers by Government: Madras High Court

The relationship between the government and the Law Officer is purely a professional relationship and not that of a master and servant

Case Briefs High Courts

[Trade mark infringement] Madras High Court directs Registrar to notify the mark ‘Royal Enfield’ in register of well-known marks

Madras High Court said that in respect of the motorcycle industry, the trade mark ‘Royal Enfield’ is well-known, not only in India, but also in abroad. Their annual reports also prove that their turnover runs into several hundreds of crores of rupees and they have carved a niche for themselves in the motorcycle industry.

Events/Webinars News

India is having a paradigm shift in dealing with commercial matters – says Justice Yashwant Varma at 2nd International Arbitration Dialogues

Indian Arbitration Forum in collaboration with KPMG, EBC Publishing Pvt. Ltd. has organised Second edition of International Arbitration Dialogues on 07-12-2023

Case Briefs High Courts

Vigilance Committee should be cautious while conducting enquiry for granting or cancelling community certificate; Madras HC remands matter for reasoned order

Madras High Court said that the grant of community certificate or cancellation of community certificate would have a larger repercussion and will affect the future generation of the family

Hot Off The Press News

Supreme Court issues notice to Lieutenant Governor regarding “Farishte Dilli Ke” scheme funds

The Delhi Government under the ‘Farishtey Dilli Ke’ scheme encourages individuals to assist road accidents victims, by giving them incentives. Further, the government covers the hospital bills of individuals who have met with accidents in Delhi

Hot Off The Press News

Supreme Court grants bail to liquor company regional head Benoy Babu in Delhi Liquor policy Case

Former Deputy Chief Minister, Delhi, Manish Sisodia was also accused in this case for violating statutory provisions and for notifying olicy that had significant financial implications.

Case Briefs High Courts

No bar which can restrict landlord from beneficial enjoyment of his property: Allahabad HC upholds order directing tenant to vacate premises

“A tenant or the Court cannot direct the landlord how and in what manner he should live/ arrange affairs. There is no bar which can restrict a landlord from beneficial enjoyment of his own property”

Case Briefs High Courts

Madras HC directs Registrar to cancel trade mark registration granted to Khoday breweries for ‘Red and White’, being similar to well-known mark of Godfrey Phillips

“once it is concluded that the earlier trade mark is a well-known trade mark, the registration of an identical or similar trade mark is not permitted if the use of the later mark without due cause would take unfair advantage of or be detrimental to the distinctive character or reputation of the earlier trade mark”

Case Briefs High Courts

Jurisdiction for Appeal against denial of Succession Certificate by Civil Judge lies with District Judge, not High Court: Allahabad HC

“The legislative intent in providing for an appeal before a District Judge in case of an order passed by an inferior court upon investiture of jurisdiction under Section 388 (1), is also clear from the emphasis in the language of the proviso where it states, ‘and not to the High Court’.”

Case Briefs Supreme Court

[Section 35 Stamp Act] Insufficiently stamped documents cannot be prohibited from admission in evidence, if not chargeable with stamp duty: Supreme Court

“The object of the Stamp Act is to collect proper stamp duty on an instrument or conveyance on which such stamp duty is payable. Section 35 is a provision to cater for the instruments not being properly stamped and, as such, not being admissible in evidence”

Case Briefs Supreme Court

Explained| Supreme Court verdict in Kannur University Vice Chancellor reappointment Case

Supreme Court held that it is not necessary to follow the procedure of appointment as laid down in Section 10 of the Kannur University Act, 1996 for the purpose of reappointment.

Case Briefs High Courts

Inside Madras High Court’s verdict in 1997 Disproportionate Assets case against former Minister of labour welfare A.M. Paramasivam and his wife

Madars High Court held that having obliged her husband to keep the ill-gotten income other than the known source of income, by lending her name for purchase of properties both in her name and in the name of her minor children, showing her as guardian, she is guilty of abetment under Section 109 of IPC.

Case Briefs High Courts

Whether expression “any application for grant of a patent for an invention” in S. 39 (1) applies to a patent of addition? Madras HC answers

“The application for grant of a patent of addition cannot be filed earlier than the date of filing of the application for grant of patent for the main invention; it cannot be granted before grant of the patent for the main invention; the term of the patent of addition shall not exceed that of the main invention, even if granted later than the main invention”