In India, similar to other jurisdictions, unregistered trademark owners also have certain rights under common law to protect their enregistered marks. These rights are primarily based on prior use of the mark in commerce and can provide some level of protection against unauthorized use by others. Here’s an overview of the rights for unregistered … Continue reading “RIGHTS OF OWNER’S OF UNREGISTERED TRADEMARK IN INDIA”
A paradigm shift in many facets of daily life, including the resolution of disputes, has been sparked by the COVID-19 epidemic. It has not only transformed our lives, but it has also sparked a radical shift in the way we approach and settle disputes.
In the contemporary age, we find ourselves in a situation where a substantial amount of our personal data is readily accessible on the internet, potentially open to public scrutiny.
A five-judge bench, comprising Justice SK Kaul, Hima Kohli, SR Bhat, PS Narasimha and headed by Chief Justice of India- Justice Dhananjaya Yeshwant Chandrachud, delivered its verdict on the issue in question for a long; the Legality of same-sex marriage in India, on 17th October 2023.
India has recently made significant strides to establish itself as a leading global digital economy. But compared to other nations with sophisticated legal systems, India was in a weaker position since it lacked a strong data protection statute.
Recent years have seen a lot of discussion over the viability of a writ suit against a private bank under Article 226 of the Indian Constitution. Although the Supreme Court has made several rulings on this matter, the law is still not entirely clear. There is no simple solution to the complex problem.
Interpreting the Insolvency and Bankruptcy Code 2016 and sheds light on its significance in shaping the insolvency and bankruptcy landscape in India.
The issues that are adversely affecting the efficiency and effectiveness of the resolution process and for increasing the possibility of resolution, value of resolution plan, and ending timely resolution.
Commercial Law Act, 2016, came into force on 23.10.2015. Wherein the Act had limited the specific value of the suit to not less than Rupees One crore and the commercial courts were established at all the District levels.
Cheque bounce is a criminal offence stipulated under Section 138 of the Negotiable Instruments Act, 1881. The aggrieved party can file a criminal as well as a civil case against the accused who must have had a legal obligation to repay the amount.
There is no specific threshold limit for the NCLT Delhi under the IBC 2016. The IBC provides that a financial creditor, operational creditor, or the corporate debtor itself can initiate the insolvency resolution process with the NCLT.
Being the least expensive and less time-consuming, Mediation is popular ADR in India. The mediator plays the role of a neutral party who helps the parties to have direct communication and assists in exploring the options and a mutually accepted agreement.
The Apex Court used its authority under Article 142 to allow the CIRP proceedings to be withdrawn and to adjudicate all outstanding issues between the parties in the greater interest of the homebuyers.
A debt arising from an advance payment given to a corporate debtor for the supply of goods or services would be deemed an operational debt.
A recently evolved notion of co-relation of Principal amount and interest levied on it, for the purpose of Section 5(8) of the code and its implication in the application filed under Section 7.
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