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Article
IBC Updates - April 2026
A Decree Holder seeks to execute an arbitral award of ₹385 crore through attachment and sale of properties, while Judgment Debtors argue they are undergoing Personal Insolvency Resolution Process under IBC, 2016. The central question is whether execution proceedings can continue when the statutory moratorium has expired but insolvency proceedings remain active, and whether this would grant preferential treatment disrupting the proposed repayment plan.
IndiaInsolvency/Bankruptcy/Re-Structuring
Hammurabi & Solomon Partners
Video
Sidharth Sethi | Conference On Institutional Arbitration: An Effective Framework For Dispute Resolution (Video)
Our Partner, Sidharth Sethi, was invited as a speaker by the Department of Legal Affairs, Ministry of Law & Justice (DLA MoL&J) and the India International Arbitration Centre...
IndiaLitigation, Mediation & Arbitration

JSA Advocates & Solicitors

Delay In Instituting Passing Off Action Not Condonable

Macleods Pharmaceuticals Ltd., moved an ad-interim application for the action of passing off under the provisions of Trade and Merchandise Marks Act, 1999, where in the Macleods Pharmaceuticalss sought an injunction from the court, to restrain the Tidal Laboratories from using the impugned trade mark "Rabemax" or any other mark bearing similarity to the Macleods Pharmaceuticals’s mark "Rabemac".

IndiaIntellectual Property

Devas v India: Court Of Appeal Confirms No Blanket Waiver Of Sovereign Immunity Under The New York Convention

The Court of Appeal has ruled that ratifying the New York Convention does not automatically waive sovereign immunity in arbitral award enforcement proceedings. This decision clarifies the distinction between...

IndiaInternational Law

Macfarlanes LLP

TATA - Principle Of Well-Known Mark Upheld

Sandyz Confezioni S.P.A, an Italy based company, filed for the registration of the trademark letters ‘ST’, which appears to be a geometrical device in respect of articles of ‘sport clothing’.

IndiaIntellectual Property

Acquiescence: A Facet Of Delay

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.

IndiaIntellectual Property

Corporate Name Similar To Trademark Co-Exist

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.

IndiaIntellectual Property

Regional Players as Bonafide Users??

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.

IndiaIntellectual Property

Suit for Different Cause of Action: How Far Maintainable?

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.

IndiaIntellectual Property

"TIGER HILL"; Beer Free of Charges of Deception

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.

IndiaIntellectual Property

Delhi High Court Upholds That A Foreign State Cannot Claim Sovereign Immunity Against Enforcement Of Arbitral Award

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 ...

IndiaLitigation, Mediation & Arbitration

NSTA POWER vs. AMCO INSTA POWER – Suit For Declaration

Tractors and Farm Equipment Ltd is a reputed manufacturer of tractors and farm equipments. They started a division to manufacture and market tubular and flat batteries to be used in UPS, Inverters etc. Amco Batteries limited is an associate company. Amco Batteries Limited granted a licence in favour of the Tractors and Farm Equipment Ltd to use the trademark AMCO.

IndiaIntellectual Property

Stay On Issuance On Expression Of Interest Under Section 9 Of The Arbitration Conciliation Act, 1996: Analysis Of A2Z Infra Engineering Ltd. v. ITI Ltd

The Hon'ble Delhi High Court in A2Z Infra Engineering Ltd. v. ITI Ltd.1 granted urgent interim measures under Section 9 of the Arbitration and Conciliation Act, 1996 ("ACA") restraining ITI from termination an Annual Maintenance Contract ("AMC") linked to a BSNL telecom project. The Court

IndiaLitigation, Mediation & Arbitration

S&A Law Offices

"Interested Person" Under The Copyright Act, 1957

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.

IndiaIntellectual Property

Delhi High Court Knocks Out Monsanto And Its Claims For Higher License Fee

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...

IndiaIntellectual Property

Infini Juridique

Macleoids Pharmaceuticals Ltd. Versus Tidal Laboratories P. Ltd.

The acquiescence in relation to the use of a mark disentitles the proprietor of the mark to oppose it from being used. The case Macleods Pharmaceuticals Ltd versus Tidal Laboratories P Ltd 2006 (32) PTC 221(Bom) amply lays down the law in this matter. Also that registration of a trademark is not a crucial factor in denying relief in a passing off action.

IndiaIntellectual Property

Indian Supreme Court Paves The Way To Challenge Foreign Arbitration Awards In India On Broad Public Policy Grounds

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.

IndiaLitigation, Mediation & Arbitration

Delhi High Court Rules Unilateral Arbitrator Appointment Invalid Without Post-Dispute Written Waiver

In a recent judgment, the Delhi High Court reaffirmed the principles of impartiality and procedural fairness in arbitration, holding that a party cannot invoke the protections of Section 12(5)...

IndiaLitigation, Mediation & Arbitration

Forfeiture Of Gratuity Does Not Require Criminal Conviction As A Prerequisite

In the recent case of Western Coal Fields Ltd. v. Manohar Govinda Fulzele, 2025 INSC 233, the Supreme Court ("SC") held that an employee's gratuity can be forfeited in case of proven misconduct for an offence involving moral turpitude, even if the employee has not been convicted in a criminal proceeding.

IndiaLitigation, Mediation & Arbitration

Majmudar & Partners

Invoking Of Sovereign Immunity By Foreign State In Execution Of An Arbitration Award – A Reviewal

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.

IndiaLitigation, Mediation & Arbitration

King, Stubb & Kasiva

Showing 1–20 of 31 results

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