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Author: Anvita Dwivedi
The filing of trademark applications for the phrase “Cockroach Janata Party” has transformed what began as a viral social media phenomenon into a fascinating case study at the intersection of intellectual property law, political expression, branding rights, and digital culture. What initially emerged as a satirical response to judicial remarks has now evolved into a legal controversy that raises important questions about ownership of political slogans, trademark protection of viral movements, and the commercialization of internet-driven public discourse. The development demonstrates how rapidly digital narratives can acquire legal and commercial significance in an age where political messaging and brand identity…
Cross-border insolvency has emerged as one of the most complex and consequential challenges confronting modern insolvency regimes. As businesses increasingly operate through multinational corporate structures, maintain assets across multiple jurisdictions, and raise capital from global creditors, insolvency proceedings can no longer be confined within territorial boundaries. The question of how courts should deal with a financially distressed company whose assets, creditors, subsidiaries, and operations are spread across different countries has become a defining issue in international commercial law. Against this backdrop, the debate surrounding India’s proposed cross-border insolvency framework assumes immense significance, particularly at a time when the country’s economy…
The Supreme Court has delivered an important judgment clarifying the law governing limitation periods in arbitration disputes, holding that the period for filing a challenge to an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 commences only after the disposal of an application made under Section 33 of the Act, irrespective of whether that application is allowed or rejected. The ruling settles a recurring controversy in arbitration practice and provides greater certainty regarding the computation of limitation, an issue that frequently determines the fate of commercial disputes before courts. The dispute before the Court centered around…
The Supreme Court has delivered a significant judgment reaffirming the strict limitation framework that governs insolvency proceedings under the Insolvency and Bankruptcy Code, 2016 (IBC). The Court held that delay in re-filing a defective appeal after defects have been pointed out by the Registry cannot be condoned once the maximum statutory period prescribed under the Code has expired. The ruling reinforces the legislative objective of ensuring speedy resolution of insolvency disputes and sends a strong message that procedural lapses cannot be used to circumvent mandatory statutory timelines. The case arose from an appeal filed against an order under the insolvency…
In a significant ruling that is likely to influence succession litigation across the country, the Supreme Court has reiterated that applications seeking revocation of probate under Section 263 of the Indian Succession Act, 1925 are governed by Article 137 of the Limitation Act, 1963. Since the Succession Act does not prescribe any specific limitation period for seeking revocation of probate, litigants must fall back upon the residuary provision contained in Article 137, which provides a limitation period of three years from the date when the right to apply accrues. The judgment is important not merely because it settles a procedural…
The Madhya Pradesh High Court recently addressed a vital boundary line regarding constitutional remedies, ruling that a Habeas Corpus petition is not maintainable when a person is in statutory custody under multiple First Information Reports (FIRs) that disclose cognizable offences. The Bench, comprising Justice Vivek Agarwal and Justice Ratnesh Chandra Singh Bisen, clarified that while Habeas Corpus is a powerful shield against illegal detention, it cannot be used to bypass ordinary criminal courts when a person is locked up under regular legal processes. The petitioner approached the High Court under Article 226 of the Constitution, claiming he was trapped in…
A landmark 55-page judgment delivered by the Jharkhand High Court. The court has made it clear that true justice does not end with a prison sentence for the guilty it begins with healing, rehabilitation, and long-term security for the survivor and their family. A Division Bench comprising Chief Justice M.S. Sonak and Justice Rajesh Shankar passed this monumental order while hearing a public interest litigation (PIL) initially filed by Ms. Padma Baraik, which the court later converted into a suo motu (on its own motion) proceeding. The judgment confronts systemic insensitivity and lays down clear, binding guidelines that bridge the…
In a judgment that could have far-reaching implications for motor accident compensation jurisprudence and the recognition of unpaid domestic labour in India, the Supreme Court has held that the contribution of homemakers cannot be treated as invisible or merely symbolic. Declaring that homemakers are “nation builders,” the Court quantified the value of domestic care and household services at a minimum of ₹30,000 per month while determining compensation in motor accident claims. The ruling marks one of the most significant judicial attempts to assign economic value to unpaid care work traditionally performed within households. The judgment was delivered by a Bench…
The Delhi High Court has stepped into an increasingly contentious debate surrounding the Central Board of Secondary Education’s (CBSE) On-Screen Marking (OSM) system after issuing notice to the Union Government and CBSE on a petition seeking an independent inquiry into alleged irregularities in the evaluation of Class XII answer sheets. The proceedings have brought into focus a larger question confronting educational institutions across the country: how should transparency and accountability be maintained when critical academic decisions are increasingly driven by technology? The matter reached the High Court through a petition filed by the National Students’ Union of India (NSUI), which…
Justice Gautam S. Patel, a highly respected retired judge of the Bombay High Court, retirement has turned into a cross-border nightmare. For nearly ten months, Justice Patel and his family have been the targets of a terrifying, calculated campaign of extortion, stalking, and physical violence playing out across India and the United Kingdom. Due to a landmark legal verdict he delivered just days before his retirement in April 2024, settling a bitter, decade-long succession battle within the million-strong Dawoodi Bohra community. In 2014 the death of Syedna Mohammed Burhanuddin, the 52nd spiritual leader (Dai al-Mutlaq) of the Dawoodi Bohras. A…
