P.K. Sen v. Exxon Mobile Corporation and Ors. 2017 (69) PTC 271 [Del][DB] Plaintiff No. 1 was a company incorporated in USA with no office in India. It was the registered proprietor of the mark EXXON in India. Plaintiff No. 2 Company was Plaintiffs’ wholly owned subsidiary in India. Plaintiff No. 2 carried on…
Allied Blenders & Distillers Pvt. Ltd. v. R.K. Distilleries Pvt. Ltd. FAO (OS) No. 251 of 2016 Decided on: 28th February, 2017 Hon’ble High Court of Delhi Brief Facts: Appellant filed a civil suit for infringement of trade mark, passing off and infringement of Copyright claiming to be proprietor of the mark ‘Officer’s Choice’ and…
DAMAGES – MEANING The term “damages” is not defined under the Indian Contract Act, 1872. However, in common parlance, it means an award of money to be paid by a defaulting party to a non-defaulting party as compensation for loss or injury caused on account of the defaulting Party’s breach of the terms and conditions…
Telenor Asia (P.) Ltd. vs. Unitech Wireless (Tamil Nadu) (P.) Ltd. and Others[1] (Breach of Representations and Warranties Clause) Facts In this case Telenor is a company incorporated under the laws of Singapore and Unitech Wireless (Tamil Nadu) (P.) Ltd., is an Indian company operating under the brand name “Uninor”. The Department of Telecommunications (‘DoT’)…
Pfizer Products Inc. v. Rajesh Chopra and Ors. 2006 (32) PTC 301 Del Brief Facts: Plaintiff had filed a suit for injunction for passing off and unfair competition. Plaintiff had approached the Delhi High Court and claimed it’s jurisdiction to entertain and try the Plaintiff’s suit on account of two factors: (a) The first factor…
Section 263 of the Indian Contract Act, 1872, provides that after dissolution of partnership, the rights and obligations of the partners continue in all things necessary for winding-up the business of the partnership. In the normal course there must be a general sale and winding up followed by a distribution of the surplus.[1] In all…
When a partner dies, subject to any contract to the contrary, partnership is dissolved. Section 42 of the Indian Partnership Act, 1932 (“Act”) provides for dissolution of partnership on occurrence of certain contingencies which includes ‘death of the partner’ as one of those contingencies. Plain reading of the Section 42 would show that, subject to…
The related question is whether a partnership firm is such an entity in law that notwithstanding the death of a partner, that entity does not undergo a change and whether the legal entity, continues notwithstanding the death of one of the partners. Under the Indian Partnership Act a partnership has not been given any legal…
The High Court of Andhra Pradesh in Secretary to Govt. Public Works and Transport Department, Andhra Pradesh and Ors. vs. Adoni Ginning Factory and Ors.[1] noted at para 28- “Freedom of contract is one thing. Right under a contract or right to performance of a contract is another. It is only the former that is…
Meaning of Constructive Fraud Constructive Fraud (“CF“) is a legal fiction used in the law to describe a situation where a person or entity gained an unfair advantage over another by deceitful, or unfair, methods. Intent does not need to be shown[1] as in the case of actual fraud[2]. Under contract law, a defendant can be liable to a plaintiff…
M/s. R.K. Associates V. Channapa and Others[1] Facts In this case, Clause 13 of the deed stated that the plaintiff was at liberty to sue for specific performance or for damages or for any other reliefs that may be available to them. Clause 14, however, allowed any disputes or differences, between the parties arising out…
Citation: 2008(5)BomCR196 Facts On 20th July 2003, the Petitioner invited tenders for the construction of 1648 tenements for the rehabilitation of project affected households. This was a World Bank Project. The work was to be carried out in two phases. The two phase programme of work was to be in accordance with the availability of vacant…