|

Investors Compensation Scheme Ltd vs. West Bromwich Building Society

Five Principles for Interpretation of Contracts Facts  There was a contract between a Norwegian and a German company for supply of 200 tonnes of haaksjoringskod. This substance could mean shark meat or whale meat. When the German company entered into the contract, the German company intended to import whale meat. However, the Norwegian company thought…

Zaheer Mauritius Vs. Director of Income Tax

WHAT IS COMPULSORILY CONVERTIBLE DEBENTURE (CCD)? A debenture indisputably creates and recognizes the existence of a debt and till it is discharged, either by payment or by conversion, the debenture would essentially represent a debt. A Compulsorily Convertible Debenture is a debt which is compulsorily liable to be discharged by conversion into equity. Any amount payable by the issuer…

|

RIGHT TO INTERNET IN INDIA: A LONG WAY TO GO

One of the most sought and used mode of communication is internet. A decade ago Internet connectivity may have been considered a luxury, but today it has become a necessity. It’s been several years since France has made access to Internet a human right. Finland has gone a step further and mandated access to a…

| | | |

Case List: Jurisdiction in Cyberspace / Conflict of Laws

CASE LIST Sarl Louis Feraud International vs. Viewfinder, Inc.  No. 05-5927-CV, 2007 WL 1598057, 2nd Cir.(N.Y.) Compuserve, Inc. vs. Patterson, 89 F.3d 1257 (6th Cir. 1996) [Text] Zippo Manufacturing Co. vs. Zippo Dot Com, Inc., 952 F. Supp. 1119 (W.D. Pa. 1997) [Text] Panavision International, L.P. vs. Toeppen, 141 F.3d 1316 (9th Cir. 1998), aff’g 945…

| | |

Case List: LIABILITIES OF ISPs AND INTERMEDIARIES

FOR COPYRIGHT INFRINGEMENT Sony Corp. of America vs. Universal City Studios, Inc., 464 U.S. 417 (1984) [Full Text] Fonovisa, Inc. vs. Cherry Auctions, 76 F.3d 259 (9th Cir. 1996) [Full Text] CoStar Group, Inc. vs. LoopNet, Inc., 373 F.3d 544 (4th Cir. 2004)  Viacom International, Inc. vs. YouTube, Inc. 17 U.S.C Sec 512(c) Gordon Roy Parker v. Google, Inc.,…

| | |

Case List: Cyber Defamation

INDIA SMC Pneumatics India Pvt. Ltd. v. Jogesh Kwatra, CS(OS) No. 1279/2001 (Delhi High Court, 2001) Avnish Bajaj vs. State, (2005) 3 CompLJ 364 Del (Delhi High Court, 2005) [Summary] Vyakti Vikas Kendra, India Public Charitable Trust Thr Trustee Mahesh Gupta & Ors vs. Jitender Bagga & Anr., CS(OS) No. 1340/2012 (Delhi High Court, 2012) [Summary] Google India Pvt. Ltd….

|

Satyabrata Ghose vs. Mugneeram Bangur & Co.

Citation: 1954 AIR 44 Facts Satyabrata (plaintiff), assignee of Bejoy Krishna Roy, sued defendant alongwith Bejoy as party defendant, for wrongfully repudiating the contract of developing the lands which were sold to the plaintiff, and asked for specific performance of the same. Defendant took the defence of frustration as the lands which needed to be developed…

| |

Pannalal Jankidas Vs. Mohanlal and Anr.

Citation: AIR 1951 SC 144 Facts Plaintiffs, as agents of the defendants had stored the goods in Government godowns, requiring permit to supply them to the defendants. In the meanwhile, due to the fire in godown, the goods got burned up and plaintiffs got compensation of 50% of damage caused in respect of the goods as…