A Supreme Court Bench comprising of Justice A.K. Patnaik and Justice Jagdish Singh Khehar, in a momentous decision yesterday, simplified the course of action to be adopted in patent litigation, in order to avoid multiplicity of proceedings.The appellant in the instant case, Dr. Aloys Wobben was a scientific engineer who has to his credit, several inventions in the field of wind turbine generators and wind energy convertors, with 100 patents in India.The respondents, Yogesh Mehra and Ajay Mehra were joint venture partners of Dr. Wobben, in carrying out the manufacturing process under the name of Enercon India Limited, which was formed in 1994. The licences to use the technical know-how were vested by Dr. Wobben with Enercon Indian Limited, through written intellectual property licence agreements. However, the agreement dated 29.9.2006 was terminated by Enercon GmbH in 2008, due to non-fulfillment of obligations. Dr. Aloys Wobben had hence contended that even after the termination of the … [Read more...] about Enercon Case: Supreme Court simplifies Patent Revocation Procedures to Avoid Multiplicity of Proceedings
Pending cases in supreme court of india
On 20th November 2017, a bench of Justice Adarsh Kumar Goel and Justice Uday Umesh Lalit, while hearing the case Dr Subhash Kashinath Mahajan v State of Maharashtra, framed the following question for consideration: Whether there can be procedural safeguards so that provisions of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989 are not abused for extraneous considerations? The facts of the case being heard by the bench are that certain adverse remarks were recorded against one BK Gaikwad by the principal of a college where Gaikwad was employed. Gaikwad had sought sanction for his prosecution under the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989 (“SC/ST Act”) and related offences. Dr. Subhash Mahajan, while dealing the said matter, declined the sanction. Thereafter, Gaikwad filed another complaint against the petitioner under the SC/ST Act. The division bench of the Bombay High Court rejected the … [Read more...] about ‘Any Attempt by Supreme Court to Introduce Safeguards Against SC/ST Act Would Send Wrong Message’
The Supreme Court, on Tuesday, held that foreign law firms cannot set up offices in India or practice in Indian Courts. It, however, clarified that they can advice Indian clients on a “fly in and fly out” basis, not amounting to regular practice. The judgment was delivered by a Bench comprising Justice A.K. Goel and Justice U.U. Lalit, which was hearing appeals challenging Madras and Bombay High Court judgments. The Bombay High Court had, in 2009, held that the RBI was not justified in allowing foreign law firms to establish liaison offices in India. It had then ruled that such foreign law firms can establish their offices in India only after being enrolled as advocates under the Advocates Act, 1961. This judgment had been challenged before the Supreme Court by the Global Indian Lawyers Association. The Madras High Court had, in February, 2012, held that foreign lawyers and law firms cannot practice law in India either on the litigation or non-litigation side unless they … [Read more...] about Judgment On Foreign Law Firms : Five Issues And Answers By Supreme Court [Read Judgment]
Share Tweet Plus One Pin It Email Print By: Live Law News Network April 9, 2018 9:02 pm Change Font Size You will not get another chance to revive the country’s national capital, from the kind of mess it is in now due to rampant unauthorized constructions, unless you decide to shift the capital like Muhammad bin Tughlaq, the Supreme Court today told the Centre and other civic authorities in the sealing case slamming it once again for ruining Delhi. The bench headed by justices Madan B Lokur and Deepak Gupta asked the all authorities to give priority to issues like health of citizens and fire safety before taking any decisions pertaining to changing the master plan to give immunity to violators. Tughlaq, Sultan of Delhi from 1325 to 1351 had passed an order in 1327 to shift the capital from Delhi to Daulatabad in the Deccan region of south India. He had shifted his capital back to Delhi a few years later. It is to be noted that on April 4 too the bench had pulled … [Read more...] about Unless Planning To Shift Capital Like Tughlaq, Act Now To Save Delhi: SC In Sealing Case
Share Tweet Plus One Pin It Email Print By: Chanakya Sharma June 9, 2018 1:08 pm Change Font Size In case of Supreme Court, the right to transparency must end an inch before the right to speculate is created. The proponents of live streaming often advance various examples but chief among them is, other countries where the practice prevails, comparison of court with Parliament and the fact of latter allowing live streaming, and the need for educating the masses on how courts decide cases, and so forth. All these reasons combined together are too tempting for a neutral citizen to not favor live streaming. However, a deeper analysis of each of these reasons would entail that they cannot be blindly applied to decide the issue. The eminent judge from United States Supreme Court Justice Scalia was once asked as to why the proceedings in Supreme Court and other federal courts be not telecast live so that people can be educated about what goes into the courtroom … [Read more...] about Should The Supreme Court Proceedings Be Live Streamed?