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Supreme Court Dismisses Challenge to Enforcement of Foreign Award on Grounds of Arbitrator Bias — Upholds High Court Order. Alleged Conflict of Interest of Presiding Arbitrator Not Sufficient to Refuse Enforcement Under Section 48(2)(b) of Arbitration and Conciliation Act, 1996.

The Supreme Court dismissed appeals challenging the enforcement of a foreign arbitral award. The dispute arose from a Share Subscription Agreement bet...

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High Court of Karnataka Hears Writ Petition to Quash FIR Against Intermediary in Alleged Fraud. Petitioner Alleged to be Mere Intermediary Between Complainant Company and UK-Based Supplier in International Sales Contract.

The petitioner, Govindaraja, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Crimin...

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Bombay High Court Grants Temporary Injunction in Trademark Infringement and Passing Off Suit — 'LIVE IN' Mark Found Deceptively Similar to 'LIVE-IN'. Phonetic and visual similarity between marks leads to injunction under Section 29(2)(b) of the Trade Marks Act, 1999.

The Plaintiff, Federal Brands Ltd., filed a trademark infringement and passing off suit against Levi Strauss India Pvt. Ltd. seeking a temporary injun...

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Supreme Court Constitution Bench Examines Applicability of Part I of Arbitration Act, 1996 to Foreign-Seated Arbitrations. Reference Arises from Conflicting Views in Bhatia International and Venture Global Engineering.

The Supreme Court of India, by a reference order dated 16 January 2008, directed the listing of Civil Appeal No. 7019 of 2005 and connected matters be...

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High Court of Karnataka Reviews Enforcement of Foreign Arbitral Award Under Section 48 of Arbitration Act. Challenges to Award Based on Public Policy and Lack of Notice Were Dismissed by Executing Court.

The respondent, a Korean company, chartered a vessel to the petitioner, an Indian firm, under a Charter Party dated 12.05.2004. Disputes arose over fr...

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Presidential Reference Made to Supreme Court Seeks Advisory Opinion on Telecom Licences and Spectrum Allocation Policies. Reference Under Article 143(1) Recites Historical Grant of Licences from 1994 to 2008 Including First-Come-First-Served and Revenue Share Regimes.

Background: The President of India made a reference under Article 143(1) of the Constitution on 12.04.2012, seeking the advisory opinion of the Suprem...

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Bombay High Court Dismisses Petitioner's Challenge to IPAB Order Rejecting Additional Documents in Trade Mark Dispute Over 'Laxman Rekha'. Court Held That IPAB's Discretion to Refuse Additional Evidence at Appellate Stage Was Not Shown to Be Perverse or Unreasonable.

The petitioner, Sudhir Bhatia, trading as M/s V. Bhatia International, and respondent No.3, Midas Hygiene Industries Pvt. Ltd., were involved in a dis...

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Bombay High Court Dismisses Plaintiff's Injunction Against Trademark Threat in 'HOKEY POKEY' Dispute. Prior Registration of Defendant's Mark Under Class 30 Prevents Passing Off Claim Despite Plaintiff's Subsequent Use.

The plaintiff, Drums Food International Pvt. Ltd., filed a suit seeking a declaration that a cease and desist notice issued by the defendants, Euro Ic...