BATTLE OF “NINETY ONE; 91” AND “NINETY NINE; 99” MARK ON CYCLE

An interim application under Order XXXIX Rules 1 and 2 of CPC seeking interlocutory injunction had been filed by the plaintiff wherein ad interim injunction was granted in the favour of the plaintiff.  The defendant further filed an interim application to vacate ad interim injunction granted on 11th October 2022. For the given below reasons … Continue reading BATTLE OF “NINETY ONE; 91” AND “NINETY NINE; 99” MARK ON CYCLE

SMALL/MEDIUM COMPANY SHOULD EXPLORE THE LEGAL RECOVERY THROUGH MSME ACT

What is an MSME? MSMEs serve as auxiliary units to large companies and make a substantial contribution to the country's inclusive industrial growth. The MSMEs are expanding their sphere of influence across economic sectors and generating a wide range of goods and services to satisfy domestic and international markets. CLASSIFICATIONSBASED ON PLANT & MACHINERYANNUAL TURNOVER Manufacturing … Continue reading SMALL/MEDIUM COMPANY SHOULD EXPLORE THE LEGAL RECOVERY THROUGH MSME ACT

Whether, the inquiry proceedings conducted by the ICC is quashed merely because ICC failed to complete inquiry within the time frame of 90 days?

The High Court of Delhi[1] is of the view that the inquiry proceedings cannot be quashed merely because ICC failed to complete inquiry proceedings with the time frame of 90 days. In the present case the petitioner, who is a qualified CA, has received a hearing notice by email dated 23.12.2022 from ICC constituted under … Continue reading Whether, the inquiry proceedings conducted by the ICC is quashed merely because ICC failed to complete inquiry within the time frame of 90 days?

WHAT IS PROCESS FEES IN A CASE AND PROCEDURE TO FILE PROCESS FEE IN COURT

Process fees (PF) A process fee is chargeable by the court to serve the other party involved in the case for example for serving summons, notices, and so on. Whenever anything has to be served to another party through court, pf is filed.  No process shall be issued until the proper fee for its service … Continue reading WHAT IS PROCESS FEES IN A CASE AND PROCEDURE TO FILE PROCESS FEE IN COURT

STAY ON PAYMENT OF GST ON ROYALTY FOR GRANT OF MINING LEASE

The Honorable High Court of Jharkhand has stayed order of payment of GST on royalty for grant of mining lease in batch of petitions before it by an interim order vide Order dated 20.4.2022. The Order was based upon Para 3 of the Order passed in W.P.(T) No. 432 of 2021 dated 24.02.2022; which is … Continue reading STAY ON PAYMENT OF GST ON ROYALTY FOR GRANT OF MINING LEASE

WHETHER REVISION IS MAINTAINABLE AGAINST INTERLOCUTORY ORDER ?

CASE BRIEF IN THE MATTER OF: BAPUJI MURUGESAN VERSUS     MYTHILI RAJAGOPALAN    (Crl. R.C. No. 766 of 2019) FACTS:That the Petitioner was convicted by learned MM, Fast Track Court for an offence under Section 138 of Negotiable Instruments Act, 1881. The appellant was directed to undergo imprisonment for a period of 6 months and was … Continue reading WHETHER REVISION IS MAINTAINABLE AGAINST INTERLOCUTORY ORDER ?

LANDMARK CASES ON TRADE MARK INFRINGEMENT OF LIQUOR BRANDS

LANDMARK CASES ON TRADE MARK INFRINGEMENT OF LIQUOR BRANDS Carlsberg India Pvt. Ltd vs. Radico Khaitan Ltd. Facts: Radico Khaitan Ltd., a manufacturer of alcoholic beverages was the plaintiff. The company was using the numeral i.e. 8 from 2006 itself till now, and they were generating scores of profit which was added onto their revenue … Continue reading LANDMARK CASES ON TRADE MARK INFRINGEMENT OF LIQUOR BRANDS

ALL ABOUT LAW OF INJUNCTION UNDER ORDER 39 CPC

Order 39, Code of Civil Procedure What is an Injunction? An injunction is an equitable remedy where an individual is commanded by a court – having authority over that individual – to perform or cease to perform a specific action, provided, if the court were not to intervene would cause irreparable harm to the status … Continue reading ALL ABOUT LAW OF INJUNCTION UNDER ORDER 39 CPC

WHETHER SALE OF IMPORTED GOODS IN INDIAN TERRITORY IS INFRINGEMENT OF TRADEMARK ? WHAT IS PARALLEL IMPORT

Import of branded goods acquired lawfully from foreign territory is widely acknowledged as parallel imports and every such import is subject to the IPR (Imported Goods) Enforcement rules, 2007, rules specify that any such import is subject to the consent of right holder i.e. the proprietor of brand, however, section 30(3) states that any goods … Continue reading WHETHER SALE OF IMPORTED GOODS IN INDIAN TERRITORY IS INFRINGEMENT OF TRADEMARK ? WHAT IS PARALLEL IMPORT