Tag: Supreme Court of India

In a jurisdiction beset by large volumes of litigation, litigating parties must naturally be encouraged to explore alternate means of dispute resolution....

In the realm of commercial disputes, debates pertaining to awarding of interest remains constant. For every business that deals with contracts, clauses pertaining to......

How far can ‘pride’ go in succeeding in a trademark passing off suit? The Supreme Court of India had occasion to consider this, although not quite literally,......

In a recent decision, the Supreme Court of India revisited the issue of when and to what extent can advance money be forfeited in a failed property sale transaction. The issue arose when a suit for specific performance was filed by K.R. Suresh ("Plaintiff"), who, unable to complete a property purchase within the agreed timeframe. ......

When is a new product considered a mere discovery of something that subsists in nature and thus unpatentable, and when is it altogether new or unfamiliar, and thus, worthy of being granted a patent? This is the question that the Delhi High Court tackled in the recent case of Diamond Star Global SDN BHD v Joint Controller of Patents. ......

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). ......

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. ......

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. ......