Tag: contracts
August 14, 2024
Corporate Law | General Corporate Advisory
Corporate Law | General Corporate Advisory
Damages Awarded for Loss of Profit are Patently Illegal...
In the recent case of M/S Plus91 Security Solutions v NEC Corporation India Private Limited (Erstwhile NEC Technologies Private Limited) , the Delhi High Court ruled that an Arbitral Tribunal awarding damages for loss of profits was patently illegal if the same was against the terms of the contract. ......
May 31, 2023
Corporate Law | General Corporate Advisory
Corporate Law | General Corporate Advisory
Should a Court Intervene in Matters Relating to Tenders...
The Supreme Court ("SC") recently held that a writ court ordinarily should not interfere in matters relating to tender or contract. It further opined that a writ court should exercise caution when attempting to impose its decision on an employer regarding the acceptance or rejection of a tender bid, unless there is a glaringly obvious and significant issue that is brought to light. ......
May 12, 2021
Intellectual Property | Trademark
Intellectual Property | Trademark
To Litigate or Arbitrate, a “Heroic” Dilemma
As intellectual property disputes grow in number in India, corresponding questions arise regarding the most appropriate adjudicating authority to be approached for redress. Besides regular courts, IP disputes also occasionally make their way into arbitrations. But the circumstances under which IP disputes can be referred to arbitration are not always clear. ......
Madras HC clarifies on Method of Treatment of Animals
In a recent decision, the Madras High Court has clarified the scope of exclusion from patentability under Section 3(i) of the Indian Patents Act, 1970, pertaining to methods of treatment for animals, among other things. ...
Design Registration for GUIs
The registrability of graphical user interfaces (GUIs) has had a chequered past in India. This post discusses latest developments in this matter, including the fallout of a 2023 Calcutta High Court asking the Designs Office to reconsider an order rejecting the application for registering a GUI design. ...
E-Commerce – Principles and Guidelines for Self-Governance: Redefining Trust, Transparenc...
The Bureau of Indian Standards has released draft standards titled "E-commerce – Principles and Guidelines for Self-Governance" dated January 2025 (herein after referred to as the "Guidelines"). These Guidelines are imperative for the self-governance of e-commerce entities, ensuring fairness and transparency for all stakeholders including consumers and businesses. ...
HALF EMPTY OR HALF FULL: ALL A MATTER OF PERSPECTIVE
In a recent decision involving the reinstating of two civil judges in Madhya Pradesh, Justice Nagarathna of the Supreme Court made some key observations on the representation of women in the judiciary. ...
Delhi High Court lays down disclosure requirements for patent applications
The Delhi High Court clarifies that patent applicants must strictly comply with disclosure requirements in drafting complete specifications, and interprets the scope of Sections 3(c), 10(4) and 10(5) of the Patents Act in a recent decision. ...
Do Courts have the power to Modify Arbitral Awards?
On February 20, 2025, the Supreme Court of India ("Supreme Court") reserved its judgement on whether the powers of a court under Section 34 and Section 37 of the Arbitration and Conciliation Act, 1996 ("Act") extend to the modification of arbitral awards. The Supreme Court, while analysing precedents relating to these Sections, observed that some judgements have emphasized the lack of the courts. ...
MIB Issues Latest Advisory for OTT Platforms Amid Content Regulation Debate
Pursuant to the enactment of the Digital Personal Data Protection Act, 2023 ("DPDP Act"), the personal data of a 'Data Principal' can be processed only in accordance with the DPDP Act and for a lawful purpose for which the Data Principal has given consent. This consent needs to be 'free, specific, informed, unconditional and unambiguous' with a clear affirmative action. ...
India’s Draft Guidelines On AYUSH Keep Traditional Knowledge And Innovations In Harmony
Pursuant to the enactment of the Digital Personal Data Protection Act, 2023 ("DPDP Act"), the personal data of a 'Data Principal' can be processed only in accordance with the DPDP Act and for a lawful purpose for which the Data Principal has given consent. This consent needs to be 'free, specific, informed, unconditional and unambiguous' with a clear affirmative action. ...
RBI’s New Framework to Strengthen Payment Systems in India
Pursuant to the enactment of the Digital Personal Data Protection Act, 2023 ("DPDP Act"), the personal data of a 'Data Principal' can be processed only in accordance with the DPDP Act and for a lawful purpose for which the Data Principal has given consent. This consent needs to be 'free, specific, informed, unconditional and unambiguous' with a clear affirmative action. ...
Ensuring Growth by Insurance: The Impact of 100% FDI in the Indian Insurance Sector
Pursuant to the enactment of the Digital Personal Data Protection Act, 2023 ("DPDP Act"), the personal data of a 'Data Principal' can be processed only in accordance with the DPDP Act and for a lawful purpose for which the Data Principal has given consent. This consent needs to be 'free, specific, informed, unconditional and unambiguous' with a clear affirmative action. ...
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