Correcting The Printer’s Devil & Clearing The Air Over Alternate Dispute Resolution: Afcons Infrastructure Ltd. V. Cherian Varkey Construction Co. (p) Ltd., (2010) 8 Scc 24: The recent decision of the Supreme Court of India in Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. (P) Ltd.1, is a shot in the arm for settlement of disputes through ADR. This is in stark contrast to the series of decisions rendered by the Apex Court in the context of the Arbitration and Conciliation Act, 1996 wherein despite the statutory bar against judicial interference except where specifical...
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Gooseberry For Blackberry: Research in Motion (RIM), the makers of the popular Blackberry mobile phones and services have been given an ultimatum by the Indian Government to ensure that the messages and e-mails sent on the Blackberry network from one Blackberry customer to another are capable of being monitored and accessed if so required. The USP of Blackberry however is the very fact that it ensures a high degree of confidentiality and secrecy of the messages/mails sent ...
The Exhaustion Of Rights And The Possible Effect Of The Copyright (amendment) Bill, 2010: The first sale doctrine which is closely associated with the concept of “exhaustion of rights” states that once a lawfully made copy of a work protected by copyright is sold by or with the authorisation of the copyright owner, he no longer has the right to control the further sale or distribution of that copy. In other words, by the “first sale” of a copy, the copyright owner exhausts his right to control further sale or d...
