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SUPREME COURT GIVES A NOD TO WITHHOLDING EMPLOYEES’ GRATUITY FOR RECOVERY OF ...

The Apex Court, vide its order dated December 15, 2020, in Steel Authority of India Limited vs. Raghbendra Singh & Ors , propounded that there does not exist any constraint regarding withholding an employee’s gratuity against the recovery of dues from such employee, including penal rent, which in the instant case pertained to the overstay by the employee in official company provided accommodation. ...
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Articles
Can “any person” oppose a patent application before it is granted? Or must persons now provide their credentials before filing oppositions? Are there circumstances when such oppositions cannot be entertained? The Bombay High Court was faced with questions like these in the recent case of Dhaval Diyora vs. Union of India (WP(L) 3718/2020; 05 November 2020). ...
Restrictions on competition through prohibitive non-compete clauses have become par for the course in most commercial agreements. These clauses are designed to protect the business interests of the party or parties, as the case may be, and corporates do indeed get very creative and the non-compete often becomes the subject of a thorough and substantial redline, especially between businesses involved in a similar vertical. ...
While the Code on Wages, 2019 (hereinafter referred to as “the Code”) received Presidential assent on August 08 2019 , the Government was yet to notify the effective date of the Code coming into force. The Code has unified and subsumed four different acts, namely the Payment of Wages Act, 1936, the Minimum Wages Act, 1948, the Payment of Bonus Act, 1965 and the Equal Remuneration Act, 1976 (collectively “Existing Legislation”). ...
In over-ruling its own decision in the 2017 case of Himangni Enterprises v. Kamaljeet Singh Ahluwalia , the Supreme Court of India ("Court") has held in the recent case of Vidya Drolia v. Durga Trading Corporation that landlord-tenant disputes governed by the Transfer of Property Act, 1882 ("TP Act") are arbitrable as they are not actions in rem but pertain to subordinate rights in personam that arise from rights in rem. ...
Injunctions are the first resort for parties seeking to stop websites from infringing trademarks or hosting copyright-infringing data. But injunctions do not always work the way they’re expected to in these cases. Often, the infringing content is merely moved to a different server or is re-uploaded or re-hosted on a different platform. In order to circumvent the technicalities of the internet and in order to strengthen the armoury of trademark and copyright holders to counter digital piracy, a new type of injunction has come into vogue to better enforce digital rights – dynamic injunctions. ...
If the 21st century has been defined by the information age, data then is the new global currency. Clive Humbly, who built Clubcard, the world’s first supermarket loyalty scheme a decade ago, used the metaphor ‘Data is the new Oil’, to explain how data is worthless, when left ‘unrefined’. Much like diamonds, only once it is mined and analysed does it create either extraordinary value, or can be manipulated into a dangerous tool. ...
In patent law, there is a constant tug of war between the importance of incentivizing innovators and the need to ensure that consumers have access to innovations. The law reflects this tussle as well. But this constant striving to balance the rights between patentees and consumers is essential for the patent system to function and be meaningful to society. ...
On November 04, 2020, the President of India promulgated the Arbitration and Conciliation (Amendment) Ordinance, 2020 (“Ordinance”). The Ordinance was promulgated to ensure that all parties get an opportunity to seek unconditional stay of enforcement of arbitral awards where the underlying arbitration agreement or contract or making of the arbitral award are induced by fraud or corruption. ...
The effects of the COVID-19 pandemic on food services and systems worldwide have been unprecedented. No aspect of food systems has been left unaffected, be it in a surge of demand for a specific service or product or new and unexpected challenges in business models and operations. ...
The phrase “at least one of” is commonly used in patent claims, but its interpretation is subjective and has led to some controversy. The issue that arises is this: when the phrase in its entirety is “at least one of A, B and C”, should it be understood as at least one of A AND at least one of B AND at least one of C, or should it be understood as at least one of A OR B OR C. ...
India’s latest series of amendments to its Patent Rules are likely to hugely benefit startups and small entities seeking patent protection for their inventions. With these amendments, overall filing and prosecution fees for startups and small entities have been significantly reduced. ...
The Foreign Contribution (Regulation) Act, 2010 ("FCRA") was enacted with the mandate of regulating the acceptance and utilisation of foreign contribution and prohibiting acceptance of the same for any activities detrimental to the national interest . The FCRA is primarily utilised to aid the activities of Non-Governmental Organisations (NGOs). ...
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