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  • Article

    Descriptive Marks: Test Of Acquired Distinctiveness And The Prior Use Defence

    The High Court of Delhi (Court), in its latest decision Peps Industries Pvt Ltd v Kurlon Limited (C.S. COMM 174/2019 with IA 4871/2019 & IA 6715/2019), has added to the myriad decisions relating to descriptive marks ...
    IndiaIntellectual Property
    Khaitan & Co.
    Khaitan & Co.
  • Article

    IPAB Ceases To Exist In India

    The President of India has promulgated an Ordinance (defined hereinafter) abolishing the Intellectual Property Appellate Board which was entrusted with certain matters falling under various Intellectual Property Rights laws.
    IndiaIntellectual Property
    Khaitan & Co.
    Khaitan & Co.
Article

Are Writ Petitions Against Orders Passed Under Section 37 Of Arbitration And Conciliation Act, 1996 Maintainable? - Supreme Court Answers

The Appellant issued notice invoking arbitration and thereafter arbitration proceedings commenced. The Appellant filed its statement of claim before the arbitral tribunal.
IndiaLitigation, Mediation & Arbitration
Khaitan & Co.
Khaitan & Co.
  • Article

    Bombay High Court Rules Arbitration Clause In Draft Concession Agreement Annexed To Bid Document Not Binding On Parties

    A Single Judge of the Bombay High Court (Court), vide its Order and Judgement dated 19 September 2017, found that an arbitration clause in the draft concession agreement annexed to the bid document does not constitute a binding arbitration agreement between the parties.
    IndiaLitigation, Mediation & Arbitration
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Delay In Filing Appeal Against An Order Of The Recovery Officer Cannot Be Condoned

    The Supreme Court, which is the Apex Court of India, recently ruled on whether Section 5 of the Limitation Act, 1963 could be invoked to seek a condonation of delay in filing an appeal before the Debt Recovery Tribunal...
    IndiaLitigation, Mediation & Arbitration
    Khaitan & Co.
    Khaitan & Co.
  • Article

    IBC Primacy Reaffirmed – Yet Again

    The RP collated and verified the claims filed by the creditors of Binani, including, inter-alia, by Central Goods and Service Tax Department, Govt. of India to the extent of INR 72.85 Crores.
    IndiaLitigation, Mediation & Arbitration
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Indian Anti-Dumping Law | Induction Of Anti-Absorption Reviews

    The Customs Tariff Act, 1975 (Act) was amended vide the Budget 2021 for the introduction of anti-absorption provisions with respect to anti-dumping (AD) and anti-subsidy (CVD) duties by inserting Section 9A (1B)...
    IndiaLitigation, Mediation & Arbitration
    Khaitan & Co.
    Khaitan & Co.
  • Article

    NCLT Mumbai: Unenforced Foreign Award Can Be The Basis For A Claim For A CIRP Application

    On 9 June 2020, the Mumbai Bench of the National Company Law Tribunal (NCLT) passed an order admitting a petition for the initiation of the corporate insolvency resolution process (CIRP)...
    IndiaLitigation, Mediation & Arbitration
    Khaitan & Co.
    Khaitan & Co.
  • Article

    SC On The Significance Of Seat Of Arbitration

    Recently, the Hon'ble Supreme Court of India in the case of Imax Corporation versus E City Entertainment India Private Limited has affirmed the significance of the relationship between the seat of...
    IndiaLitigation, Mediation & Arbitration
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Supreme Court Clarifies On The Requirement Of A Certificate Under Section 65B Of The Evidence Act, 1872

    The conflicted interpretation of Section 65B of the Indian Evidence Act, 1872 by two judgments of the Supreme Court was referred to a three judge Bench of the Supreme Court in the case of Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal And Ors.[...
    IndiaLitigation, Mediation & Arbitration
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Supreme Court Elucidates Upon The Scope & Necessity Of Certificate Under Section 65B Of The Indian Evidence Act, 1872

    The Hon'ble Supreme Court, while deliberating upon the significance of videography as a crucial means of evidence in conjunction with the scope of applicability of procedural requirements under Section 65B(4)...
    IndiaLitigation, Mediation & Arbitration
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Supreme Court Lays Down Guidelines To Determine The Interest Payable On Arbitral Awards In International Commercial Arbitrations

    The arbitral tribunal's award contained separate sums of money payable under each claim
    IndiaLitigation, Mediation & Arbitration
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Supreme Court Reiterates Suit To Commence De Novo After Return Of Plaint Under Order Vii Rule 10 And 10a Of The Code Of Civil Procedure, 1908

    By decision dated 5 August 2020 in M/s EXL Careers & Anr. vs. Frankfinn Aviation Services (P) Ltd. (CA No. 2904 of 2020), a three judge bench of the Hon'ble Supreme Court ...
    IndiaLitigation, Mediation & Arbitration
    Khaitan & Co.
    Khaitan & Co.
  • Article

    ASCI Guidelines On Deceptive Design Patterns In Digital Media Advertisements

    Advertising Standards Council of India (ASCI) had earlier published self-regulatory guidelines for Online Deceptive Design Patterns in Advertising (ASCI Guidelines) in order to address...
    IndiaMedia, Telecoms, IT, Entertainment
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Counterattack On Spam: TRAI Directs Telecom Licensees To Curb Non-Compliance With Telemarketing Regulations

    In India, pesky ‘spam' calls and messages are an increasing menace. According to various news reports and surveys, a significant portion of users in India are vulnerable to such telemarketing...
    IndiaMedia, Telecoms, IT, Entertainment
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Deciphering The Intermediary And Digital Media Rules: Government Issues New FAQS

    This article aims to provide a snapshot of the key clarifications and their implications for the digital space.
    IndiaMedia, Telecoms, IT, Entertainment
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Developments To Look Forward To In 2021

    As the pandemic continues to rage globally, its far reaching effects have influenced the contours of almost all sectors.
    IndiaMedia, Telecoms, IT, Entertainment
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Exploring Business Implications Of TRAI's Pilot Programme For Digital Consent Management

    In the current digital economy, consumers start their day by receiving a flurry of commercial communications – either a reminder from the bank, a notification confirming the delivery of a product...
    IndiaMedia, Telecoms, IT, Entertainment
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Government Releases Draft Telecommunications Act (Digital Bharat Nidhi) Rules 2024

    On 4 July 2024, the Government of India through the Department of Telecommunications (DoT) published the draft Telecommunications Act (Digital Bharat Nidhi) Rules...
    IndiaMedia, Telecoms, IT, Entertainment
    Khaitan & Co.
    Khaitan & Co.
  • Article

    New Rules For Adjudication And Appeal Under The Telecom Act

    On 18 July 2024, the Government of India, through the Department of Telecommunications (DoT), published the draft Telecommunications (Adjudication and Appeal) Rules (Draft Rules) in the Official Gazette.
    IndiaMedia, Telecoms, IT, Entertainment
    Khaitan & Co.
    Khaitan & Co.
  • Showing 721–740 of 2050 results

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