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Tag: CrPC

October 16, 2024
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Media Persons Cannot Be Prosecuted for Defamation for D...

Recently, the Kerala High Court ("Court") ruled that media persons, in discussing the contents of a publicly available book, cannot be prosecuted for defamation. The media persons, in conducting such discussions, would be exercising their freedom of speech through engaging in fair comment and criticism. ......
October 11, 2023
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Introduction of the Bharatiya Nagarik Suraksha Sanhita,...

The Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS") bill which aims to replace the Code of Criminal Procedure, 1973 ("CrPC"), was introduced in the Lok Sabha on August 11, 2023 along with the Bharatiya Nyaya Sanhita, 2023 and the Bharatiya Sakshya Bill, 2023. The bills have been introduced with the intent of freeing India from the shadow of colonisation, however a plain reading of the BNSS bill reveals that it has retained a majority of the provisions of the soon to be erstwhile CrPC. ......

Beyond identical: How Indian courts view likelihood of confusion with house and secondary ...

Adopting a secondary mark alongside a house mark is not always straightforward. Indian Courts weigh in on the likelihood of confusion in such cases, providing insights into trademark strategy and brand identity. ...

Modifying Arbitral Awards: Supreme Court Resolves Conflict in Section 34 Powers

The Supreme Court by way of a landmark judgment in Gayatri Balasamy v. ISG Novasoft Technologies Limited, dealt with the issue of whether courts have the power to modify an arbitral award under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996 ("Arbitration Act"). ...

Legal implications of social media “likes”: Section 67 of the IT Act

In a recent judgment, the Allahabad High Court (Court) made an important distinction between liking a post and sharing a post on social media platforms. The Court held that merely liking a post does not amount to publishing or transmitting obscene material under Section 67 of the Information Technology Act, 2000 (IT Act). ...

Is Your Brand Ready for the Multilingual Internet Revolution in India?

As India officially moves towards multilingual web domains, new challenges emerge for businesses and other stakeholders. How must we prepare for this multilingual revolution?. ...

It’s not always patently obvious, Calcutta High Court weighs in on Brigatinib

The Calcutta High Court in a recent case clarified important aspects pertaining to inventive step assessment and the admissibility of post-filing data. ...