16 July 2013
The Supreme Court of India has held that enforcement of foreign award would be refused under Section 48(2)(b) of the Arbitration and Conciliation Act, 1996 only if such enforcement would be contrary to (i) fundamental policy of Indian law; or (2) the interests of India; or (3) justice or morality; and the enforcing court does not exercise appellate jurisdiction at the time of enf...
By Dinesh Babu Eedi
The question of making a company liable for for criminal offences committed by its directors, managers, officers and other employees while conducting business has gained importance in criminal law jurisprudence while being subject to debate. The traditional view was that a corporation could not be guilty of a crime, because criminal guilt required intent( mens rea),...
By Vindhya Srinivasamani & Subhash Bhutoria
Deciding an appeal [ see end note 1 ], the Division Bench of the Delhi High Court has set aside the Single Judge's decision [ see end note 2 ], which recognized the popular "Hot News" doctrine and quasi-proprietary rights in the information emanating from cricketing events and held that the publication of scores and ball-by-ball update ...
By Subhash Bhutoria
Contributing to the growing domestic IP jurisprudence, the Delhi High Court has recently upheld unfair competition tort in a matter pertaining to data and information emanating from a cricketing event and held that such information qualifies as quasi-property. This article briefly discusses the said emerging trend of protecting property rights through common law rem...
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