Searching Content indexed under Litigation, Mediation & Arbitration by IndusLaw ordered by Published Date Descending.
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Special Allowances Fall Within The Definition Of Basic Wages In The Context Of Provident Fund Calculations
The Supreme Court passed a judgment on February 28, 2019 which will have far-reaching consequences to the definition of basic wages under Section 2 (b) (ii) read with Section 6 of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952.
4 Mar 2019
Zee Violates Personality Rights Of Editor-In-Chief Of IndiaTV
The right of publicity extends beyond the traditional limits of false advertising laws.
8 Feb 2019
Supreme Court Sets Aside Delhi High Court Judgment, Restores Monsanto's Patent
Under the license agreement, these companies were supposed to sell certain seeds and pay a contractually-agreed trait value to Monsanto.
7 Feb 2019
Delhi High Court Allows Composite Suit For Design Infringement And Passing Off
Earlier this month, a five-judge bench of the Delhi High Court held that two causes of action, one for relief with respect to passing off, and another with respect to design infringement under the Designs Act, 2000, ...
20 Dec 2018
Exemplary Costs For Habitual Trademark Infringers
The imposition of damages in trademark infringement and passing off actions is common. Damages in the nature of punitive or exemplary damages in such cases are also common.
19 Nov 2018
The Supreme Court Upholds TRAI's Tariff Order
On October 30, 2018, the Supreme Court of India (the "Supreme Court") in Star India Private Limited v Department of Industrial Policy and Promotion & Ors., upheld the validity of the Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) Regulations, 2017 ...
15 Nov 2018
The Essar Insolvency Case: Supreme Court Unravels Section 29A Of The Insolvency And Bankruptcy Code
Earlier this month, the Supreme Court of India (the "SC") passed a much-awaited judgment concerning the eligibility of resolution applicants for Essar Steel India Limited.
18 Oct 2018
Intention To Defraud Not Necessary To Prove Misrepresentation In A Passing Off Case, Confirms The Supreme Court
On September 12, 2018, the Supreme Court of India (the "Supreme Court") passed a judgement in Wockhardt Ltd. Vs. Torrent Pharmaceuticals & Anr., through which it reaffirmed that the intention to defraud or deceive, ...
17 Oct 2018
The Supreme Court's Aadhaar Judgement And The Right To Privacy
At the end of September, the Supreme Court of India, in Justice Puttaswamy (Retd.) and Anr. v Union of India and Ors., upheld the overall validity of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016.
11 Oct 2018
The Negotiable Instruments (Amendment) Act, 2018: A Step In The Right Direction?
The Negotiable Instruments (Amendment) Act, 2018 (the "Amendment") was recently passed by parliament and came into effect from September 1, 2018.
11 Oct 2018
Supreme Court Refuses To Stay Ban On Dealing With Virtual Currencies
In April this year, the RBI issued a notification prohibiting the use of virtual currencies, preventing entities regulated by the RBI from dealing with virtual currencies or providing services facilitating...
18 Jul 2018
The Unresolved Controversy – Can Two Indian Parties Choose Foreign Seated Arbitration And Foreign Law To Resolve Their Disputes?
The question of whether two Indian parties can have a seat of arbitration outside India and choose foreign law to resolve disputes continues to remain a vexed issue.
22 Jun 2017
The Finance Act, 2017 - Implications & Constitutionality?
India's finance bill for the financial year 2016-2017 (the "Bill") was presented by the Finance Minister on February 1, 2017 and approved by the Lok Sabha with certain modifications on March 22, 2017.
26 Apr 2017
Cairn Energy Loses Retrospective Tax Case Before Indian Appellate Tribunal
The Income Tax Appellate Tribunal recently upheld a capital gains tax levy of INR 10,247 Crore against Cairn U.K Holdings Limited in an order dated 9 March 2017 in relation to a group restructuring...
4 Apr 2017
Critical Analysis Of The Arbitration And Conciliation (Amendment) Act, 2015
The route to the Amendment Act has been a rather arduous.
25 May 2016
Analysis Of The Commercial Courts, Commercial Division And Commercial Appellate Division Of High Courts Act, 2015
The efficiency of the legal system and the pace at which disputes are resolved by courts are very important factors in deciding the growth of investment and the overall economic and social development of a country.
26 Apr 2016
Employment Contracts - Enforcement Of Restrictive Covenants Under Various Jurisdictions
Companies and organizations include "restrictive covenants" in employment agreements, to protect their trade secrets, confidential information and human resources.
26 Apr 2016
BITS And Pieces - India's Bilateral Investment Treaty Revisited
Back in March 2015 the Government of India released a draft model bilateral investment treaty for public consultation and comments, which we analyzed in our earlier article in May 2015.
30 Mar 2016
Living Daughters Of Living Coparceners In Or After 2005 To Share Equally In Hindu Joint Family Property
Indian Parliament enacted the Hindu Succession (Amendment) Act, 2005 so as to confer equal right to a daughter to a share in Hindu joint family property by deeming a daughter to be a coparcener.
9 Feb 2016
Amendments To India's Arbitration Act: An Analysis
Last month, the Government of India passed the Arbitration and Conciliation (Amendment) Ordinance, 2015 amending the Indian Arbitration and Conciliation Act, 1996 with a view to generally restrict the courts from challenging an arbitration award.
15 Dec 2015
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