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India
Singhania Secretarial Consultancy LLP
In an era marked by globalization and economic integration, India stands as a beacon for foreign investors seeking lucrative opportunities.
S&A Law Offices
The intricacies involving the principle of sovereign immunity from the lens of enforcement in arbitral proceedings have been dealt for the first time by the Hon'ble Delhi High Court...
Clasis Law
The High Court of Delhi in its judgment in KLA Const. Technologies Pvt. Ltd. v. The Embassy of Islamic Republic of Afghanistan, has upheld that the prior consent of the Central Government under Section 86(3) of the Code of Civil Procedure, 1908 ...
S&A Law Offices
The hon'ble Delhi High Court clubbed two petitions titled KLA Construction Technologies Pvt. Ltd. v. The
Embassy of Islamic Republic of Afghanistan...
Upscale Legal
"Prior consent of central government is not required to enforce an arbitral award against a foreign state."
King, Stubb & Kasiva
This article discusses the rationale given by the Court while dealing with the aforesaid issues in light of various decisions of the Apex Court and several High Courts.
Phoenix Legal
In a recent decision in KLA Const. Technologies Pvt. Ltd. and Ors. v. The Embassy of Islamic Republic of Afghanistan and Ors. the High Court of Delhi held that the prior consent of the Central Government under Section 86(3) ...
Luthra and Luthra Law Offices India
The present article is based on the analysis of the judgment of the Hon'ble National Company Law Appellate Tribunal.
Nishith Desai Associates
Indian Stamp Act is proposed to be amended to replace broker turnover stamp duty with stamp duty on the clearance list used for transactions through stock exchange.
Khurana and Khurana
Allergan's "Restasis®" is a branded ophthalmic cyclosporine emulsion, for the treatment of chronic dry eye, with annual sales of nearly $1.5 billion.
Infini Juridique
The Plaintiff, Monsanto Technology LLC had filed a Commercial Suit Number CS Comm No. (132 of 2016) before the Hon'ble Delhi High Court alleging that Nuziveedu Seeds Ltd and others were...
Singhania Secretarial Consultancy LLP
The government is taking various routes to facilitate and broaden Foreign Direct Investment inflows into India.
Mayer Brown
On January 10, 2008, the Supreme Court of India issued an important decision in the case Venture Global Engineering v. Satyam Computer Services, Ltd. regarding the enforcement in India of foreign arbitration awards.
LexOrbis
Sometime it happens in trademark disputes that the impugned mark is an indicator of a trade source which is entirely different from the first i.e. the businesses and the goods are completely different bearing the same trade name/mark.
LexOrbis
A word trademark is inherently distinctive when it is an invented or coined word and the uniqueness of its distinctiveness can be diluted if used by others in an unauthorized manner. But the pertinent question here is that what is the time limitation to bring a passing off action against the unauthorized use of the trademark.
LexOrbis
One of the important criteria for obtaining registration under the Copyright Act, 1957 is that, the application must include a statement accompanied by a certificate from the registrar to the effect that no trademark identical or deceptively similar to such artistic work has been registered under the Trademark Act.
LexOrbis
Sec. 57 of the Trade and Merchandise Marks Act, 1958 gives power to registrar to rectify the register. However, the plain reading of this section gives rise to a conflicting situation in light of section 107 of the Act, which puts a bar on power of registrar in this regard.
LexOrbis
The Trademark battle often runs into taking the shape of a suit for infringement, deception, claim of being a prior user, so on and so forth.
LexOrbis
Asia Pacific Breweries Ltd, an incorporation in Singapore manufactures beer under the trademark ‘TIGER Beer’. Asia Pacific Breweries claims to be the owner and user of the mark since 1932. The company owns 14 Breweries in eight countries round the world.
LexOrbis
It is a trite law that a judgement and order passed by the court having no territorial jurisdiction would be a nullity. The provisions of Code of Civil Procedure, 1908, govern determination of territorial jurisdiction of a Civil Court. Section 20 of the Code provides that the suits which do not come within the purview of Section 16 to 19 of the Code are to be instituted where the defendants reside or cause of action arises.
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