Deciphering Territorial Jurisdiction in Online IP Infringement
by Aniket Aggarwal*
Jurisdiction
NCDRC | Law is settled that illegal and forceful means cannot be adopted by Banks to seize any property
National Consumer Disputes Redressal Commission (NCDRC): C. Viswanath (Presiding Member) expressed that: Law is settled that illegal and forceful means cannot be
SC | Wilful disobedience or Wilful breach: Are these necessary requisites for bringing in action for ‘Civil Contempt’? Read on
Supreme Court: B.R. Gavai, J., while addressing a contempt petition expressed that: “…contempt proceeding is not like an execution proceeding under the
Simplified | Madhya Pradesh Freedom of Religion Ordinance, 2020
Governor of Madhya Pradesh promulgates the Madhya Pradesh Freedom of Religion Ordinance, 2020. Purpose of this Ordinance To provide freedom of religion
P&H HC | After complaint is dismissed in default, Court becomes “functus officio” and Judicial Magistrate has no jurisdiction to recall his order and restore complaint; HC decides
Punjab and Haryana High Court: Arun Kumar Tyagi, J., addressed a petition challenging the impugned order of Judicial Magistrate Ist Class of
Ker HC | [Or. 41 R. 5] Power of execution court to stay the execution is only upto to the stage of filing appeal; Petition allowed
Kerala High Court: B. Sudheendra Kumar, J., allowing the present petition observed, “Since the appeal was already filed, the court below had
Jhar HC | [Article 300-A] A person cannot be deprived of his property merely by executive fiat without any specific legal authority or without the support of law made by a competent legislature; Petition allowed
Jharkhand High Court: Rajesh Shankar, J., quashing the impugned letter, held, “The respondent 5 being an administrative/revenue Officer is supposed to know
Del HC | Can Internal Complaints Committee make comments on personal conduct of parties? Read what HC says about ‘Moral Policing’ and ‘Consensual Relationships’
Delhi High Court: Pratibha M. Singh, J., observed that: Complaints of sexual harassment are initially filed with enormous reluctance. The power of
NGT | Who can invoke jurisdiction of NGT under Ss. 14, 15 of NGT Act? Tribunal answers
National Green Tribunal (NGT), Principal Bench, New Delhi: The Bench of Justice Adarsh Kumar Goel (Chairperson) and Justice Sheo Kumar Singh (Judicial Member)
MP HC | Custody of the child with the mother can not be said to be illegal confinement; Court dismisses petition
Madhya Pradesh High Court: S.A.Dharmadhikari J., dismissed a writ petition which was filed invoking the jurisdiction of the Court under Article 226
Del HC | Is it necessary for trial and inquiry for an offence to take place only where the occurrence would have taken place? Law in regard to ‘Jurisdiction’ explained
Delhi High Court: Suresh Kumar Kait, J., addressed a matter involving the determination of jurisdiction with regard to the occurrence of a
Implied Exclusion of Jurisdiction in Arbitration
by Abhishek Sharma*
High Court not obliged to frame substantial question of law if no error is found in First Appellate Court’s findings; says SC
Supreme Court: The 3-judge bench of L. Nageswara Rao, Hemant Gupta* and Ajay Rastogi, JJ has held that the High Court is
Bom HC | In absence of an accused, can Appellate Court pronounce Judgment in an appeal against conviction? HC considers
Bombay High Court: Vibha Kankanwadi, J., observed that, “The practice of pronouncing Judgments in appeal against conviction in absence of the accused, thereby
Pat HC | Court while exercising jurisdiction of judicial review, cannot examine sufficiency of reasons for satisfaction of competent authority in initiating disciplinary proceedings against delinquent employees
Patna High Court: In a petition filed under Article 226 of the Constitution for issuance of a writ of certiorari, Birendra Kumar,
Ori HC | Are private banking companies discharging banking services amenable to writ jurisdiction? HC analyses
Orissa High Court: Biswajit Mohanty J., dismissed the petition being non-maintainable. The facts of the case are such that the petitioner took
Ker HC | In matrimonial matters preference is to be given to convenience and welfare of children over wife; HC dismisses application for transfer of case
Kerala High Court: While deciding an application for transfer of two cases from one jurisdiction to another, R. Narayana Pisharadi, J., disposed
Utt HC | While exercising its powers of judicial review of any administrative action, Courts cannot interfere with administrative decision unless it suffers from vice of illegality, irrationality or procedural impropriety
Uttaranchal High Court: Lok Pal Singh, J., dismissed a petition which was filed aggrieved by the cancellation of selection process of the
Del HC | Why was Broadcast Audience Research Council of India’s new algorithm to mitigate impact of ‘Landing Page’ on viewership data across television channels challenged? HC’s analysis
Delhi High Court: Navin Chawla, J., refused to pass an interim injunction in regard to the communication dated 03-09-2020 along with Press