The intent behind incorporating the summary judgement procedure in the Commercial Court Act, 2015 is to ensure disposal of commercial disputes in a time-bound manner. In case of Su-Kam Power Systems Ltd. v. Kunwer Sachdev and Another[1] the court held “Rule 3 of Order XIIIA, CPC, as applicable to commercial disputes, empowers the Court to … Continue reading What is the intent behind incorporating the summary judgment procedure in the Commercial Court Act, 2015?
Whether a woman employee, working as a contractual employee, be provided with maternity benefits like a regular employee?
A woman employee cannot be denied maternity benefits merely because her status is that of a contractual employee. In the case of Rasitha C.H. versus State of Kerala & Ors[1]. Petitioner working as an Assistant Professor in Medical Microbiology on contract basis was denied the claim for maternity benefit. As per the university clause 11 … Continue reading Whether a woman employee, working as a contractual employee, be provided with maternity benefits like a regular employee?
DOES PART-PAYMENT OF A NEGOTIABLE INSTRUMENT RELIEVES THE ACCUSED FROM HIS LIABILITY?
Section 138[1] of Negotiable Instruments Act reads that the following are the components of the offence punishable under Section 138 of Negotiable Instrument Act: - (1) drawing of the cheque by a person on an account maintained by him with a Banker, for payment to another person from out of that account for discharge in … Continue reading DOES PART-PAYMENT OF A NEGOTIABLE INSTRUMENT RELIEVES THE ACCUSED FROM HIS LIABILITY?
What happens when written statement is filed without being accompanied by an affidavit of admission and denial in Commercial Suit?
The Delhi High Court has observed in the case of Cosco International Pvt Ltd. v. Jagat Singh Dugar, on its decision dated 06th April, 2022, that the filing of a written statement within the prescribed time period and the defect of non-filing of the affidavit of admission/denial, if cured within the permissible time then nothing … Continue reading What happens when written statement is filed without being accompanied by an affidavit of admission and denial in Commercial Suit?
PIKASHOW APP RESTRICTED FROM ILLEGALLY DISTRIBUTING HOTSTAR APP’S CONTENT
The Plaintiff: The Plaintiffs are a prominent entertainment and media company in India, and they are the owners of the copyright of a substantial amount of content, including movies, albums, TV shows, etc. The Plaintiffs control their own OTT platform, "Hotstar," as well as a mobile application called "Disney+ Hotstar," in addition to transmitting the … Continue reading PIKASHOW APP RESTRICTED FROM ILLEGALLY DISTRIBUTING HOTSTAR APP’S CONTENT
DO YOU KNOW NO ONE CAN USE STARBUCKS PRODUCT NAME “FRAPPUCCINO” WITHOUT THEIR CONSENT ?
Introduction[1]: Plaintiff has filed for the permanent injunction prohibiting the defendants from using the plaintiff's registered trade mark "FRAPPUCCINO," including the "BROWNIE Chips FRAPPUCCINO" mark or any other similar trade mark in connection with the plaintiff’s products and services. The Plaintiff: Plaintiff is a lifestyle brand company founded in 1985 under the name “STARBUCKS CORPORATION”. Its predecessor … Continue reading DO YOU KNOW NO ONE CAN USE STARBUCKS PRODUCT NAME “FRAPPUCCINO” WITHOUT THEIR CONSENT ?
Why it’s Instagram or any platform obligation to prevent any user from uploading harmful content as per IT (Intermediary Guidelines and Digital Media Ethic Code) Amended Rules 2022 ?
As the push and demand for a safe and accountable internet was flooded in the country, the ministry of electronics and IT has come forward with amendments in Information Technology (Intermediary Guidelines and Digital Media Ethic Code) Amended Rules 2022 aimed at protecting the rights of people working digitally. Since the reliance on digital platform … Continue reading Why it’s Instagram or any platform obligation to prevent any user from uploading harmful content as per IT (Intermediary Guidelines and Digital Media Ethic Code) Amended Rules 2022 ?
Does a registered device mark provides protection separetly to a particular word present in the device mark?
Introduction: Plaintiff-company was formed on October 28, 1999, and has been using the names "VASUNDHRA" and "VASUNDHRA JEWELLERS" simultaneously ever since both as a commercial name as well as a trademark. Customers seek plaintiff's jewellery showroom in Pitampura, New Delhi, from all around India. The plaintiff is also registered proprietor of various marks in class 14 … Continue reading Does a registered device mark provides protection separetly to a particular word present in the device mark?
ARE YOU ALSO BUYING ‘ROOH AFZA’, THE ONE MANUFACTURED IN PAKISTAN ?
Introduction: The lawsuit was initiated by the plaintiffs Hamdard National Foundation (India) and Hamdard Dawakhana, who also conduct business as Hamdard Laboratories India, against the defendants Amazon Seller Services Pvt. Limited and M/s. Golden Leaf. The claim is related to the trademark infringement of plaintiff’s product as well as mark “ROOH AFZA” at e commerce … Continue reading ARE YOU ALSO BUYING ‘ROOH AFZA’, THE ONE MANUFACTURED IN PAKISTAN ?
Whether director is liable for offence under section 138, even if not signatory to cheque?
PLOT: The respondent and the Petitioner Company entered into certain transaction, in furtherance of which, the authorized signatory of the Company issued certain cheques in favour of the respondent complainant. The cheques, when presented for its realization, were returned for want of sufficient funds, which leads the complainant to take recourse to legal proceedings against … Continue reading Whether director is liable for offence under section 138, even if not signatory to cheque?
DUCTUS EDGE 