NEWS & PUBLICATIONS

“Lack of reasoning supporting the final decision, makes the decision arbitrary, suggesting a subjective determination without any objective criteria” holds Delhi High Court in Blackberry Limited v. Assistant Controller of Patents and Designs

The Delhi High Court recently pulled up the Assistant Controller of Patents and Designs in Blackberry Limited v. Assistant Controller of Patents and Designs for rejecting a patent application filed by BlackBerry Limited without reasoning through a "mechanical, template and cut-and-paste order."

The Hon’ble Court also added that the controller should have provided reasons to support the conclusion in order to adhere to the principles of natural justice.

The Court emphasized that without proper reasoning in the Assistant Controller's orders, it may be difficult for the applicant to identify the grounds for appeal.

In the present era where globalization and liberalization are at its zenith, the trans-national movement of individuals are on the ascent. The rapid evolution of the modern society brings with it a plethora of complicated situations which in turn entangles the individuals in to varied tricky legal battles that ends up to be wheels within wheels. These emerging issues are prevalent in all aspects of life and the matrimonial disputes are no exception to this. With the expanding number of outside relationships and separations, a critical ascent in marital questions is recurring. Advancement in the field of data and innovation, particularly the internet and online transactions have brought to the fore new issues and challenges. Due to these advancements, it isn't uncommon to go over situations where a couple dwell in different nations, have a residence in a third nation and their youngsters live in a fourth nation. The looming legal issues on “jurisdiction” as regards transactions over the internet entwines the legal aspects involved in the execution/enforcement of foreign decrees. Even after exercise of jurisdiction, the Courts in some cases are unable to help the plaintiff in getting relief especially in cases where the local laws of the country concerned have certain restrictions for the execution/enforcement of foreign judgments in the country. In the Indian context, execution of decrees, whether foreign or domestic, is governed by the provisions of the Code of Civil Procedure, 1908.