Home - LEGAL PROBING

24 Sep

Nike Innovate C.V. v. WhoisGuard Protected, WhoisGuard, Inc.

Saransh Srivastava0 CommentsIP law, Uncategorized

Heading Multinational Sports wear giant Nike filed Arbitration and Mediation Center under World Property Organization (WIPO). The center then sent the mail to the Registrar of the USPTO in connection with the Disputed Domain Name’s registrant contact and information. The center then confirmed that the complaint met the formal requirements of the Uniform Name Dispute Resolution Policy . The Center formally notified the Respondent of the Complaint on June 7, 2018, in line with the Rules, paragraphs 2 and 4, and the procedures started on June 7, 2018. The deadline for responses was June 27, 2018, as specified in paragraph 5…

27 Aug

Does A High Court’s Order Staying A Central Law Or Rule Apply Throughout The Country?

Hanuwant Singh Rathore0 CommentsConstitutional law

As it is clear from the heading that what we are going to talk in this Article. Many of you get confused whether a High Court’s order staying a central law or rule will be enforced through out the country or only limited to territorial jurisdiction of that High court. In this Article, we will try to clear this doubt. General rule is that an order or judgement of High Court will be enforced only in its territorial jurisdiction. But it will be different in the case where High Court’s judgement is against a Central law. The Supreme Court in…

16 Aug

PEOPLE WITH CRIMINAL BACKGROUND CANNOT BE OUR LAW MAKERS

Hanuwant Singh Rathore0 CommentsUncategorized

People having Criminal Background and then joining politics is quite common practice in country like India. And it is a debatable topic and have been in issue since a long time. In NGO’s plea, it was stated that in 2014 percentage of Lawmakers with criminal background is 34%. Further, according to a report by Association for Democratic Reforms one out of every three MP’s elected in 2014 or we can say 184 out of 542 winners had criminal cases against them, while the number was 158 in the 2009 Lok Sabha Election. Maharashtra has the higher number of winners with…

14 Aug

NCLT DECISION: Hytone Merchants v. Satabadi Investments Consultants

Avnip Sharma0 CommentsCompany law, Uncategorized

In “Hytone Merchants Pvt Ltd v. Satabadi Investments Consultants Pvt. Ltd.”[2], the National Company Law Tribunal (Hereinafter referred as “NCLT”) retained that the Adjudicating Authority (Hereinafter referred as “AA”) could indeed refuse to admit a somewhat complete application under section 7[3] of the Insolvency and Bankruptcy Code, 2016 (Hereinafter referred as “IBC”) once there are strong indications of embezzlement, connivance, or malicious intent under section 65 of the IBC. The NCLAT, notably, chose to disregard the petition on its own motion under section 65[4], implying that the corporate debtor never claimed the application had been fraudulent or motivated by animosity. Key…

14 Aug

A TRIBUTE TO JUSTICE ROHINTON NARIMAN’S

Avnip Sharma0 CommentsUncategorized

On August 12, Justice Rohinton Nariman's seven-year career as a Supreme Court judge came to a halt. On July 7, 2014, he was appointed to the Supreme Court as the fifth senior counsel to be elevated from the bar to the court. During his time on the bench, Justice Nariman has written significant decisions that have shaped the country's emerging jurisprudence on individuals' fundamental rights and liberties. Justice Nariman was also a member of the bench that oversaw the contentious NRC process in Assam and operationalized Foreigners Tribunals, which put doubt on the citizenship of millions of Assamese residents and…

13 Aug

DOES CROCS LITIGATION BRING CLARITY ABOUT THE OVERLAP BETWEEN RIGHTS CONFERRED BY DESIGN

Saransh Srivastava0 CommentsIP law

REGISTRATION AND RIGHTS AGAINST PASSING OFF TRADEMARK Crocs is involved in various legal disputes in India with local or domestic foot ware makers (defendants) to safeguard its clog design. Crocs also filed separate cases to safeguard its footwear design based on registered design and passing off. The registered design cases were dismissed because the court determined that Crocs' design was not new based on its prior publication. Crocs' proceedings against six footwear manufacturers are based on common law right in the footwear's peculiar shape and structure. All of the cases were reviewed concurrently since they all concerned the same substantive legal…

11 Aug

A GUIDE TO DOCTRINE OF RESTITUTION

Hanuwant Singh Rathore0 CommentsContract law

ABSTRACT There is a general principal that “No one should get benefited by harming others or by damaging others”. This same principal is elucidated under Contract Act,1872. Doctrine of Restitution safeguards the plaintiff and give him a right to reclaim what he has given to defendant during the validity of Contract as part of consideration to the defendant. This doctrine is based on the theory of unjust enrichment. Earlier the jurist and lawyers do not know about the concept of unjust enrichment, but it was noticed that number of remedies were given in the cases which later named as unjust…

01 Aug

CHANGE OF SEAT OF ARBITRATION BY MUTUAL AGREEMENT

Avnip Sharma0 CommentsArbitration law

The issue about whether an Arbitration proceeding's inimitable jurisdiction could be enmeshed on the grounds of the Seat of Arbitration, regardless as to whether any cause of action has surfaced at such and such seat, has indeed been contemplated for the sometime before various Courts.The Hon'ble Supreme Court through its recent judgement denounced on April 13, 2021 through “Inox Renewables vs Jayesh Electricals”[1] had also ultimately landed the assertion clutching that the Place of Arbitration collectively agreed by the disputants will indeed vest unique jurisdiction with in Courts of the location of the Bench regardless as to whether any cause…

31 Jul

Anti- Competitive Agreements: Knight in Shining Armour

Hanuwant Singh Rathore0 CommentsCompetition law

Foreword Repealing the Monopolistic and Restrictive Trade Practices Act, 1969 (the “MRTP Act”). The Competition Act,2002 came into force and to adjudicate and administer the Act the Competition Commission of India (CCI) was also established. In 1776 Adam Sith in his book “The Wealth of Nations”, He talked about the price fixing horizontal agreement. These agreements are harmful for the society and for economy as well but not all horizontal agreements are harmful like for sharing risk, cost saving, pooling know-how and launching innovations faster[1], but agreements for price fixing or to allocate territories have an anticompetitive effect. On 20…

31 Jul

Top Four Emerging work from home careers in law

Saransh Srivastava0 CommentsUncategorized

Despite covid-19 hitting the economy like the biggest Hurricane the world ever witnessed the legal sector has and will further witness surplus work.An age-long conventional legal work has been going through huge changes from live streaming of proceedings of SupremeCourt, to faceless assessment of income tax done through electronic modes. The honorable Supreme Court with five and six benches is hearing more than 200 cases on a daily basis (which is comparatively low compared to normal time where 500 to 600 cases were being heard). The Indian government has set out on a journey of adoption of technology and digitization…