Maintainability of a Section 7 insolvency petition against a financial service provider denied; appeal dismissed for non maintainability and complex d...
Provisional attachment under Prevention of Money Laundering Act requires exhaustion of statutory remedies; impugned order set aside, appeal to tribuna...
Restoration of property under Prevention of Money Laundering Act after attachment dispute rendered academic; possession directed to successful resolut...
Goods Transport Agency services via e commerce portals: consignment note creates custody and liability and enables exemption for unregistered recipien...
In a commercial suit alleging continuing infringement of patent and design rights, the issue was whether the plaint "contemplates any urgent interim relief" under Section 12A of the Commercial Courts Act so as to dispense with pre-institution mediation despite delay in filing. The Court held that continuing manufacture, sale, or offer for sale constitutes a recurring cause of action, and mere delay does not legalise infringement or bar injunctive relief; urgency must be assessed from the plaint and annexed material showing ongoing injury, irreparable harm, and public interest in preventing deception, not by deciding merits. The High Court's approach treating delay as negating urgency was set aside; the impugned orders were quashed and the appeal allowed - SC
In a commercial suit alleging continuing infringement of patent and design rights, the issue was whether the plaint "contemplates any urgent interim relief" under Section 12A of the Commercial Courts Act so as to dispense with pre-institution mediation despite delay in filing. The Court held that continuing manufacture, sale, or offer for sale constitutes a recurring cause of action, and mere delay does not legalise infringement or bar injunctive relief; urgency must be assessed from the plaint and annexed material showing ongoing injury, irreparable harm, and public interest in preventing deception, not by deciding merits. The High Court's approach treating delay as negating urgency was set aside; the impugned orders were quashed and the appeal allowed - SC
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