What Is an SEM Court? A Citizen’s Guide to Preventive Powers, Personal Liberty and the Constitution

An inquiry into preventive proceedings, police officers exercising magisterial powers, and the constitutional safeguards that liberty demands. The question my husband asked me The recent detention proceedings involving the leaders of the Cockroach Janta Party (CJP), Saurav Das and Ashutosh Ranka, brought an unfamiliar institution into public conversation: the Special Executive Magistrate, commonly referred to […]

Personality Rights in India: From Bollywood Celebrities to Educators, Influencers and Digital Creators

Alakh Pandey v. John Doe(s) & Ors. and the Expanding Jurisprudence on Personality Rights The Delhi High Court is increasingly witnessing a peculiar category of litigation in which a person approaches the Court seeking protection not merely of a trademark, copyright or reputation, but of the person’s identity itself. What was once largely associated with […]

Commercial Suits: Winning Begins Before the First Hearing – A Practical Filing Checklist Every Commercial Litigator Should Know

I. Introduction A commercial suit is rarely won because a party has a better claim alone. More often, it is won because the claim is presented in strict compliance with the procedural framework governing commercial litigation. The Commercial Courts Act, 2015 fundamentally transformed the conduct of commercial suits in India. Unlike ordinary civil litigation, commercial […]

Trademark Disputes and Arbitration: When Arbitration Takes Over Instead of Trademark Litigation

Most people instinctively associate trademark disputes with courtroom litigation. After all, trademarks are statutory rights created under the Trade Marks Act, 1999, and questions relating to their registration, validity, or rectification have traditionally fallen within the exclusive domain of courts and statutory authorities. This has led to a common misconception that every dispute involving a […]

A Registered Trademark Is Not Forever: The Legal Grounds for Cancellation Under the Trade Marks Act, 1999

A trademark registration certificate is the beginning of legal protection, not a guarantee that your exclusive rights will last forever. Introduction Most businesses breathe a sigh of relief once their trademark is registered. The registration certificate arrives, the ® symbol is proudly displayed, and there is a common belief that the brand is now permanently […]

Manipulated Invoices, Forged User Claims, A Trademark Registration on Trial

A Delhi High Court Judgment Every Litigator Should Read Documents decide commercial cases. Invoices, GST records, licences, trademark applications, photographs, these do more than support a claim. They usually are the claim. Courts read them to answer three questions: who used the mark first, who built a reputation, and who deserves interim protection. But what […]

Homebuyers Don’t Lose Their Right to Compensation After Taking Possession: Supreme Court Delivers Major Consumer Victory

Delayed possession has long been one of the biggest problems faced by homebuyers. Builders and housing societies often argue that once a purchaser accepts possession of the flat, the dispute comes to an end and no further compensation can be claimed. The Supreme Court has now made it clear that this argument does not hold […]