Indian Judgements

Indian Judgements

Trademark Jurisdictions: The Clash Between the Trade Marks Act & Commercial Courts Act

This appeal addressed whether the restriction under Section 134 of the Trade Marks Act, 1999, requiring trademark infringement suits to be instituted before a court not inferior to a District Court, is overridden or rendered ineffective by notifications under the Commercial Courts Act, 2015, which empower Civil Judges (Senior Division)

Time-Barred Claims: Re-evaluating Section 28A Limitation in Land Acquisition

These civil appeals arose from an impugned order of the High Court directing the entertainment of applications filed by party respondents under Section 28A of the Land Acquisition Act, 1894. The Supreme Court allowed the appeals and set aside the High Court’s order, holding that an application under Section 28A

Bidding Beyond Rules: Rejecting Ineligible Tenders in Public Contracts

These civil appeals arose from an order of the Punjab and Haryana High Court, which had quashed the acceptance of the technical and financial bids of the highest ($H_1$) bidder (Micky Traders) and directed the issuance of a Letter of Acceptance to an eligible tenderer. The Supreme Court dismissed the

High Court Cannot Remit Section 37 Appeal to Arbitral Tribunal as Section 17 Application

This appeal centered on whether a High Court, while exercising its statutory appellate jurisdiction under Section 37(1)(b) of the Arbitration and Conciliation Act, 1996 against the rejection of a Section 9 interim relief application, can by consent of the parties remit those appellate proceedings to a newly constituted Arbitral Tribunal

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